The Expositor's Bible: The Book of DeuteronomyHarper, Andrew
Religion
The Expositor's Bible: The Book of Deuteronomy
Harper, Andrew
Bible. Deuteronomy -- Commentaries
Among the nations of the modern world one of the most vital
distinctions is the degree in which just judgment is estimated and
provided for. Indeed, according to modern ideas, life is tolerable
only where all men are equal before the law; where all are judged
by statutes which are known, or at least may be known, by all;
where corruption or animus in a judge is as rare as it is held to
be dishonourable. But we cannot forget that in the majority of even
the more advanced countries of the world these three conditions
are not yet found, and that where they do exist they are only
recent acquirements. In the latest born, and in many respects the
most advanced of the great commonwealths, in the United States
of America, the corruption of a number of the inferior courts is
undeniable, and is tolerated with a most disappointing patience by
the people. In England Judge Jeffries is no very remote memory, and
Lord Bacon's acceptance of presents from litigants in his court has
only been made more certain by recent investigations. An absolutely
honest intention to give even-handed justice to all is, therefore,
even in England, only a recent attainment, and in no country is
the honest intention always successful in realising itself. But
if this be so among the civilised nations of the West, we may say
that in Oriental countries there has been little of systematic and
continuous effort to give even-handed justice at all. Yet nowhere
has the sinfulness and the destructiveness of corruption in judgment
been more impassionedly and more frequently set forth by the highest
authorities in religion and morals, than in the East. Tupper, our
most recent authority, in writing of _Our Indian Protectorate_,
p. 289, describes the Indian attitude to law thus: "There was not
that reverence for law which in Europe is in all probability very
largely due to the influence of the Roman law, and to the teaching
of the Roman Catholic and other Christian Churches. So far as there
was a germ out of which the respect for law ought to have grown, it
was to be found in dislike to actions plainly opposed to custom and
tradition. There was a deeply rooted and widespread conviction that
there could be no rule to which exceptions could not be made, if
agreeable to the discretion of the chief or any of his delegates.
The chief was set above the law; it did not limit his authority
by any constitution. There was no legislation for the improvement
of law. The administration of justice was extremely imperfect."
The same writer describes the result of such a state of mind in
his picture of Mahratta rule (p. 247). "There was," he says, "no
prescribed form of trial. Men were seized on slight suspicions.
Presumptions of guilt were freely made. Torture was employed to
compel confession. Prisoners for theft were often whipped at
intervals to make them discover where the stolen property was
hidden. _Ordinarily no law was referred to except in cases affecting
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account