Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
“Ye shall not respect persons in judgment, but ye shall hear
the small as well as the great; _ye shall not be afraid of the
face of man_; for the judgment is God’s; and the cause that is
too hard for you, bring it unto me and I will hear it.”[4]
And not content with warning the judges of the danger of fearing the
people, in the act of pronouncing judgment, he also warned the people of
the duty of respecting the judgments of the courts, in the following wise
commands:
“And thou shalt come unto the Priests and Levites, and unto
the Judge that shall be in those days and inquire; and they
shall shew thee the sentence of judgment. And thou shalt do
according to the sentence, which they of that place which the
Lord shall choose, shall shew thee; and thou shalt observe to
do according to all that they inform thee. According to the
sentence of the law which they shall teach thee, and according
to the judgment which they shall tell thee, thou shalt do;
thou shalt not decline from the sentence which they shall shew
thee to the right hand, nor to the left. And the man that will
do presumptuously, and will not hearken unto the priest that
standeth to minister there, before the Lord thy God, _or unto
the Judge_, even that man shall die and thou shalt put away the
evil from Israel. And all the people shall hear and fear, and
do no more presumptuously.”[5]
It thus appears that the ancient Israelites appreciated the virtue known
as Justice and more nearly approximated the cultivated ideal existing
in more recent times, for they understood, or Moses did, that it was
indispensable, in the act of dispensing justice, for the incumbent of the
judgment seat, to rise superior to the popular standards of justice and
equality and that the due and orderly realization of the virtue could
only be realized by a proper regard and respect for the judgments of the
courts when they were pronounced.
In this respect, the old patriarchs were in advance of the ancient
Babylonians and Athenians, for while attempting the distribution of
justice, through the medium of disinterested judges, they did not seem to
grasp the necessity for an independent judiciary, but upon unjust grounds
they permitted the recall and debasement of their wisest judges.
Public-domain text, read in full here on John Shaqi.
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