Biblical Justice (6)

“For any kind of trespass, whether it concernsan ox, a donkey, a sheep, or clothing, or for any kind of lost thing which another claims to be his, the cause of both parties shall come before the judges; and whomever the judges condemn shall pay double to his neighbor.” Exodus 22.9

Restoration plus
When the peace of justice is intentionally or maliciously violated, the fourth facet of justice – retributive justice – may be invoked.

Under the practice of retributive justice those who have deliberately disturbed the peace and brought injury or damage to their neighbors, in addition to being required to restore the balance of justice, could be punished in ways appropriate to the offense. The pain of punishment was directed toward the heart of the offender, to discourage any future such acts.

At the same time, the practice of retributive justice was designed to deter other community members from unjust actions.

In ancient Israel retribution could take the form of payment in kind (two oxen returned for one stolen), or as money or other goods, or even bodily harm – beating, as well as the well-known practice of lex talionis (an eye for an eye).In extreme cases, banishment from the altar and community of God, and even capital punishment could be inflicted.

Thus it is clear that one purpose of the use of retribution was to punish the offender, as well as to convict the hearts of the entire community and to remind everyone of the high value God places on justice.

Retribution in an age of grace
In this age of grace, we no longer practice retribution in the same way they did in ancient Israel. These days, imprisonment is considered more humane, and it provides the opportunity for rehabilitating the offender. Imprisonment is a form of retribution. Some studies exist, however, which indicate that some offenders, given the choice between physical retribution – that is, a beating – and going to prison, would prefer the former. Beating is the normal form of retribution in certain countries.

Don’t look for a return to such practices in this country any time soon, however.

In the case of capital punishment, the influence of grace is evident in two ways. First, a complicated and lengthy system of appeals is typically followed in a capital case, in order to make sure every opportunity is afforded the guilty party to clear his name. Second, where the death penalty is required, law insists that it be carried out humanely and publicly.

So retributive justice continues in our day, but it is tempered by the common grace of God which He extends through the community of humankind. The more such grace flows within a community, the more we might expect the justice of God to obtain.

The role of public servants
It is important to notice one thing more about our text. When a complaint of injustice was lodged, a case would be brought “before God”, as the Hebrew literally has it. No one was allowed to take matters into his own hands when restorative or retributive justice was required. What actually happened, as we see in Deuteronomy 1.16-18 and Ruth 4, was that the contending parties would come before the rulers of the city, assembled in the gates of the city, and argue their positions relative to the accusation. It would be up to the judges to hear the arguments and determine which man was in the right. The phrase, before God, is intended to remind us of the solemnity of such proceedings. These are not actions taken merely for the sake of human wellbeing; the honor, presence, and truth of God are at stake whenever injustice has occurred. Thus today, witnesses in court cases are required to place their hand on the Bible, and to tell the truth, “so help me, God.”

God Himself must be vindicated, and He has entrusted this duty to public servants, that they might do what is right and good before Him (Rom. 13.1-4).

A healthy polis, one where justice and all its benefits obtain, will not shy away from the use of retribution when it is appropriate. It will do so in a patient, careful, and humane manner, and without cruelty. But it will not abandon this fourth facet of justice.

Public policy should reflect a determination to wield the sword against all evil, so that people will fear to transgress the bounds of justice and train their hearts to do what is right and good.

For reflection or discussion
1. What is the difference between restorative and retributive justice? Is there overlap?

2. Should parents teach their children about retributive justice? How?

3. Church discipline is the church’s use of restorative and retributive justice within its own community. Explain:

Next steps – Conversation: Is imprisonment is a more humane form of retribution than lex talionis? Would justice be better served in our society if, as in some countries, lex talionis were still part of public policy? Talk with some church leaders about this matter.

T. M. Moore

This week’s ReVision study is Part 8 of a 10-part series, “The Kingdom Economy.” You can download “Biblical Justice” as a free PDF, prepared for personal or group study. Simply click here. For a background study of Kingdom economics, order the book, The Kingdom Turn,  from our online store, and learn what it means to enter the Kingdom, not just talk about it.

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Except as indicated, Scripture taken from the New King James Version. © Copyright 1982 by Thomas Nelson, Inc. Used by permission. All rights reserved.