The Administration of Justice (Deuteronomy 17: 1-13)

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Episode Notes:

Introduction

Imagine creating a perfect system of justice—fair, equitable, and enduring.

Principles to Consider:

• Equity
• Safeguards against corruption and favouritism
• Thorough investigation of all important matters.

Key Themes in Deuteronomy 17:1-13

1. The Importance of Sacrifice Quality (Verse 1):

• Instruction: Do not sacrifice animals with defects.
• Significance: Imperfect sacrifices disrespect God, failing to acknowledge His provision.
• Application: Uphold the purity and integrity of offerings.

2. Dealing with Idolatry (Verses 2-5):

• Issue: Idolatry, worshipping other gods or celestial bodies.
• Process:
  • Thorough investigation
  • Confirmation of guilt
  • Severe punishment:
• Principle: Ensure diligence and certainty before administering justice.

3. Requirement of Multiple Witnesses (Verses 6-7):

• Rule: At least two or three witnesses needed for a death sentence.
• Witness Responsibility: Witnesses must be the first to execute the punishment.
• Safeguard: Prevents false accusations and ensures accountability.

4. Handling Complex Cases (Verses 8-13):

• Procedure:
  • Difficult cases referred to higher authority.
  • Judges and priests in designated place (e.g., Jerusalem) make the final decision.
• Principle: Establish a multi-tiered court system.
• Finality: Decisions of the highest court are binding and must be implemented.

Application to Modern Justice Systems

Principles Derived:

• Qualified Judges: Judges must be impartial and just.
• Multi-Tiered System: Appeals process leading to a supreme authority.
• Due Process: Thorough investigation with credible evidence.
• Accountability in Punishment: Those who accuse must bear responsibility for their accusations.

Modern Parallels:

• Jury duty
• Supreme Court
• Layers of appeal courts

Broader Implications of Justice

Spiritual Justice:

• Focus: The passage addresses idolatry and sin, emphasizing justice for God.
• Application in the Church: Church discipline for serious sins, excommunication as a modern parallel.

Justice in Society:

• Biblical Justice: Rooted in the acknowledgment of human sinfulness and individual responsibility.
• Social Justice: Aims for equality of opportunity without favoritism or discrimination.
• Economic Justice: Often misunderstood; true biblical justice focuses on equal opportunity, not enforced equality of outcome.

Conclusion

Core Issue is about creating a way that justice is expressed ensuring fairness and accountability at every level of society. Modern Justice is built on ancient biblical principles. Complete justice will only be realized with the return of Christ, but in the meantime we strive for justice, recognizing human systems are

Transcript

The Administration of Justice.

(Deuteronomy 17: 1-13)

Transcript. 

Imagine you were given the task of creating the ultimate system of justice—a system so fair, so equitable, that it would stand the test of time. 

What principles would you include?

What safeguards would you put in place to ensure that justice is truly served?

In our modern world, we often see justice perverted by corruption, favouritism, and human error. Yet, thousands of years ago, God provided a blueprint for a just society, and it is detailed in the book of Deuteronomy. 

In chapter 17, verses 1-13, God lays out a divine framework for the administration of justice that is both profound and practical.

This passage isn't just ancient history; it holds powerful truths for us today. It addresses the qualifications of judges, the necessity of thorough investigation, and the crucial role of community in upholding justice.

It even foreshadows the concept of an appeals system, long before such an idea existed in human governance.

As we delve into the first half of Deuteronomy 17 today, we'll uncover timeless principles that can transform our understanding of justice, challenge our current systems, and inspire us to live out God's call for righteousness in our own lives. 

Prepare to be surprised by the relevance of God’s word in our pursuit of justice today.

Welcome to TBPDP….

Chapter 17, verse 1, adds another instruction:

Do not sacrifice to the Lord your God an ox or a sheep that has any defect or flaw in it, for that would be detestable to him.

(Deuteronomy 17: 1)

Offering a defective sacrifice was abhorrent to God. An imperfect sacrifice failed to acknowledge the Lord as the ultimate provider. In all this the priests were responsible for maintaining the purity of sacrifices, but if they failed, the judges had to step in.

So, the instructions are clear: do not tolerate idolatry, and don’t even allow the offering of defective sacrifices. Because both actions undermine the community's integrity and devotion to God. 

Giving a perfect sacrifice acknowledges God's provision, while a defective sacrifice disrespects Him.

Verse 2:

If a man or woman living among you in one of the towns the Lord gives you is found doing evil in the eyes of the Lord your God in violation of his covenant, and contrary to my command has worshiped other gods, bowing down to them or to the sun or the moon or the stars in the sky, and this has been brought to your attention, then you must investigate it thoroughly. If it is true and it has been proved that this detestable thing has been done in Israel, take the man or woman who has done this evil deed to your city gate and stone that person to death.

(Deuteronomy 17: 2-5)

Here, it is now addressing how to deal with those people among the nation who indulge in idolatry. Specifically, those who worship the sun, moon, or any host of heaven are committing a transgression of the covenant and must be dealt with.

But notice what God says: "You must investigate it thoroughly." This is very important. You are to inquire diligently and, if it is indeed true and certain that such an abomination has been committed, you must investigate thoroughly and not jump to conclusions. If it is proven that idolatry has occurred, the punishment is stoning, nothing less.

Verse 6-7 underscore this:

On the testimony of two or three witnesses a person is to be put to death, but no one is to be put to death on the testimony of only one witness. The hands of the witnesses must be the first in putting that person to death, and then the hands of all the people. You must purge the evil from among you.

(Deuteronomy 17: 6-7)

This passage embeds significant matters pertaining to justice within the judicial system of the Mosaic law. Firstly, you must have two or three witnesses, not just one….

But this also says that the witnesses, who testify against the accused, must be the first to carry out the execution. This serves as a safeguard against false accusations and perjury.

Imagine this in a modern context. It would be like jury duty, but with a much heavier responsibility. If the jury decides the accused is guilty, they must be the ones to carry out the execution. This is not how our modern justice system operates, but it emphasizes the seriousness of making a false accusation.

These requirements ensured that evidence was credible and that those making accusations were prepared to be executioners as well as witnesses.

But there is another layer of safeguarding. What if their testimony was later proven false? They would have effectively committed murder, and they also would be stoned. This safeguarding ensured justice, not mischief.

Some countries today are keen to enact the punishment without ensuring the same biblical OT standard is placed upon those who condemn, in that they must also be responsible for the consequences if they get the process wrong.

So far, we've seen that if someone is an idolater, there must be an inquiry, witnesses, and those who decide guilt must carry out the execution. But how does this apply to us today?

Remember the problem addressed here is not civil but religious. 

The church should still judge such sins. There must be a thorough investigation with two or three witnesses, and the New Testamment speaks of excommunication for such cases. They must be removed from the fellowship

In 1 Corinthians 5, Paul addresses the issue of a man having an affair with his stepmother. Paul criticizes the church for not dealing with it and instructs them to "deliver such a one to Satan for the destruction of the flesh, that his spirit may be saved in the day of the Lord Jesus."

In other words, put the person out of the congregation and leave them to the consequences of their sin. 

The point is they were to deal with idolaters in the Old Testament, and we also to deal with certain gross sins in the New Testament, but in different ways

But there’s more. Verse 8 deals with the setting up of law courts.

If cases come before your courts that are too difficult for you to judge—whether bloodshed, lawsuits or assaults—take them to the place the Lord your God will choose. Go to the Levitical priests and to the judge who is in office at that time. Inquire of them and they will give you the verdict. You must act according to the decisions they give you at the place the Lord will choose. Be careful to do everything they instruct you to do. Act according to whatever they teach you and the decisions they give you. Do not turn aside from what they tell you, to the right or to the left. Anyone who shows contempt for the judge or for the priest who stands ministering there to the Lord your God is to be put to death. You must purge the evil from Israel. All the people will hear and be afraid and will not be contemptuous again.

(Deuteronomy 17: 8-13)

Remember, this passage starts with appointing judges in every city. 

Suppose the judges at a city or town level can’t come to a conclusion, they are unable to make this judgment. What it's saying is, then go to the place where the Lord is going to establish, (which almost all the bible experts agree that this will become the Tabernacle in Jerusalem). And there the priests and the judges there will make the decision their.

Today we still have layers of courts, so this is really the precedent for a Supreme Court or what we call the high court in the UK.

If the lower court can’t figure it out, then send it to the Highest court in the land. In their day it was Jerusalem, today its might be in the capital court of the Nation like  Washington in the U.S or the Royal Courts of Justice or the Old Bailey in London.

And at that place not one single judge but several people are to judge them there.

It’s amazing how closely are modern legal system models this. In this case a panel of Priests and the Levites were to judge.

Thereafter, the people are to implement the punishment after it is given. 

This is another way of saying that the decision of the High or Supreme Court is final. If they make the decision, the people must carry it out.

I found this fascinating. Does this all sound familiar? Think of all the little nuances in trying to create a judicial system that we still use today.

This verse says the decision of the highest court is final after you've gone through several layers of judicial courts, then the decision is final. Don’t alter it, don’t tamper with it.

Now we’ve been talking about idolaters, but this passage seems to go a step further and talk about deliberate, premeditated sin.

The presumption here is meant to suggest that someone acted proudly or rebelliously and refuses to acknowledge the need for repentance. Then the only thing to do is take them out of the fellowship.

The idea here is you have to submit to authority, and this person doesn’t. 

It also says, if you do what I’m telling you to do, then this will act as a deterrent.

The summary of all this is simple: It is to establish justice in ancient Israel, God said to appoint a layer of judges and instruct them on how to judge justly.

Today at every level of society, including our personal lives, our families, our church, our cities, and our nation, we should strive to see that justice is done at every level.

Now, let me suggest that the portion of Scripture we have covered today contains four judicial principles. Let me lay them out for you:

1.     Judges should be chosen who will be just. They are to judge the evidence against the law, and not showing favouritism.

2.     There should be a layers/tiers of judges. If a case is too difficult, it should be appealed up to higher courts, ultimately to the Supreme Court in Jerusalem.

3.     Due Process: This is critical. There must be diligent investigation, and part of that process is requiring evidence beyond a shadow of a doubt, not just one witness but two or three witnesses are needed to convict someone.

4.     Capital punishment was part of the judicial system for serious offenses like idolatry and murder. It served as a deterrent and was to be carried out by those who witnessed the crime to ensure the gravity of the accusation was felt by the accusers, and if they got it wrong, they would meet the same end as the falsely accused.

These principles provide a framework for this ancient society that seeks to ensure fairness and accountability at every level. 

Our judicial systems are still built on these principles today. A layer of courts, due process, the necessity of evidence, and the penalties that act as a deterrent. 

The way we apply it today doesn’t always work, but these principles come straight out of Mosaic law

So, what’s the main issue worked through in this passage? One word: justice. 

Now, given the fact that the word is thrown about so much today, often with a lot of through behind it. 

Now I believe what is going on in this passage is primarily about what I call ‘spiritual justice’. By this, I mean that this passage deals with idolatry, and sin, so this is actually about justice for the Lord. 

There is civic justice, but there is also justice that involves how we treat the Lord. He is the sovereign God of the universe who created us, and we owe Him our allegiance, submission, obedience, and faith. 

For criminal justice to occur, there must be a law, and that law must be broken. 

But what other types of justice do we hear about today? How about social justice? Heard of social justice? 

What’s that? 

Well, it depends on who you’re talking to these days.

Some say justice in the distribution of wealth, opportunities, and privileges within society. 

For me that means that all human beings are created equal and in the “image of God.” Historically, in most emerging democracies around the world that meant that everyone should be given equality of  opportunity. 

There should not be favouritism, prejudice, or discrimination among citizens, so that no one class, group, or individual is favoured above another. 

Social justice these days, says it’s no longer an individual matter or equality of opportunity, but it is a systemic issue. Seekers of social justice targets institutions, aiming to restructure them.

This concept of social justice sounds appealing—it’s got the word justice in it. Who would be opposed to that? It almost sounds biblical. 

But the reality is that social justice, as it is often preached today, is not biblical at all.

This needs to be thought through, and frankly, many people are not thinking it through. 

If you start with the biblical doctrine of justice, it recognises that people are sinful by nature and personally responsible and we need individually applied justice. 

But if you reject Scripture and decide people aren’t bad but just had bad luck by being born into a particular group, you end up with this modern type of skewed version social justice. 

This view holds that the fault lies not with the individual but with society, and so society must be corrected.

This misunderstanding of Scripture extends in some circles to also what some call economic justice. 

Have you heard of that? It’s popular in some circles. One definition is to create an opportunity for each individual to have a dignified, productive, and creative life by establishing the redistribution of wealth to ensure equity.

Some on the extreme say we need to tax the rich to such an extent we redistribute wealth to the poor, so everyone is at the same level.

I don’t believe in this because not everyone will be equal, even in eternity.

God will give rewards in heaven, so not everyone will be equal, even there. But God is an equal opportunity employer—you each have an opportunity to get all the rewards in heaven.

The subject of justice is complicated and needs to be thought through from a biblical point of view, and it’s being radically changed in our day. 

We are using a word that is solidly biblical—justice—but in ways that are foreign to Scripture.

One more observation there is no justice in this world.

We are not going to have complete justice in the world until the prince of peace comes an establishes true justice on this earth. 

It's just not this side of heaven ever going to be completely perfectly, it never will be.

So, I think we should end our discussion of justice by this pointing out the fact it's not perfect those days, but we should strive for that always but it's not going to be perfect justice until the Lord comes back 

My uncle was the DPP the director of public Prosecutions of the area of the United Kingdom I grew up in (Northern Ireland). He was the highest law Lord in the state, obviously a very intelligent and impressive man.

He died many years ago, but he began his career as a trainee Army lawyer working as part of the Allied authorities who prepared the cases against the German lawyers who abused the legal system by allowing the passing of unjust laws.

Most people think of the Nuremburg trails as being the place where the Nazi war criminal were condemned, and that is true. But as well as 24 high ranking nazi officials 100’s and 100’s of high ranking civic Judges and lawyers who were the administrators that that build the legal system that allowed the Nazi to persecute the evil plans.

Some were persecuted and sent to prison, some given lengthy sentences, but many also got off.

I remember him telling me (or maybe I read a quote from him somewhere) that guilty people will always get off

In his career if he had to sometimes let an individual who he believed guilty go free, he sued to say something along the lines of 

I suspect that you're guilty today, and you know that you're guilty. But  under the law you will go free today. I wish you to remember that one day you will stand before a better and wiser judge than me  and that you will be dealt with according to divine justice and not just according to law. You might think you got away with it but there is ultimate justice when the true just judge will judge according to His perfect justice.