Biblical Justice (6)
“For any kind of trespass, whether it concerns an ox, a donkey, a sheep, or clothing, or for any kind of lost thing which anotherclaims 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, maliciously, or carelessly violated, the fourth facet of justice—retributive justice—may be invoked.
Under the practice of retributive justice those who have 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 evoke repentance and discourage any future such acts.
At the same time, the practice of retributive justice was designed to deter other community members from similar 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. But the principle is valid, and so it remains with us, only in different forms.
These days, imprisonment is considered more humane, and it provides the opportunity for rehabilitating the offender (which, of course, requires a change of heart). Imprisonment is a form of retribution. Some studies exist, however, which indicate that some offenders, given the choice between physical retribution—say, a lashing—and going to prison, would prefer the former. In fact, lasing or 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, 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, quickly, and publicly—that is, with witnesses.
So retributive justice continues in our day, but it is tempered by the common grace of God which He extends throughout 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 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 and of the high importance attached to being a judge. 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, pleading for God’s assistance as they testify—“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). Retribution must not entail savagery or cruelty. It is, after all, an outgrowth of restorative justice and works toward rebalancing justice and renewing grace, even when it involves capital punishment.
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, lest justice be denied to victims.
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. And those who pursue the Kingdom economy within the materialistic and secular economies of our day will be the agents whereby the grace of God continues to increase.
For reflection
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—Preparation: How does the suffering of Jesus involve both restorative and retributive justice? What should be our response to this?
T. M. Moore
If you have found this meditation helpful, take a moment to give thanks to God. Then share what you learned with a friend. This is how the grace of God spreads (2 Cor. 4.15).
Other columns of interest this week: Our daily Scriptorium column is focusing on Ephesians 4. This week in our Read Moorepodcast we begin a look at three brief and related books, beginning with The Gospel of the Kingdom. Our Crosfigell teaching letter continues our study of the life of Brigit, a contemporary of Brendan. Click here to see all the other columns and writers available to you.
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Except as indicated, all Scriptures are taken from the New King James Version. © Copyright 1982 by Thomas Nelson, Inc. Used by permission. All rights reserved. For sources of all quotations, see the weekly PDF of this study. All psalms for singing are from The Ailbe Psalter.
