The Expositor's Bible: The Book of DeuteronomyHarper, Andrew
Religion
The Expositor's Bible: The Book of Deuteronomy
Harper, Andrew
Bible. Deuteronomy -- Commentaries
some such judicial system about that period, that it would require
some positive proof, not mere negative suspicion, to lead us to
reject the narrative. In any case this must have been the system in
Josiah's day, and afterwards. For when Jeremiah was arraigned for
prophesying destruction to the Temple and to Jerusalem, the process
against him was conducted on similar lines to those laid down in
Deuteronomy. The princes judged, the priests (curiously enough along
with the false prophets) made the charge, _i.e._ stated that the
prophet's conduct was worthy of death, and the princes acquitted.
During the Exile it is probable that the "elders" of the people
were permitted to judge them in all ordinary cases, but we have
no certain proof that this was so. After the return from Babylon,
however, the local courts were re-established, probably in the very
form in which they appear in the New Testament (Matt. v. 22, x. 17;
Mark xiii. 9; Luke xii. 14-58).
Throughout the whole history of Israel, therefore, courts of justice
were easily accessible to every man, whether he were rich or poor.
No doubt the free, open-air, Eastern manner of administering justice
was favourable to that; but from the days of Moses onward we have
fairly conclusive proof that the leaders of the people made it their
continual care that wherever a wrong was suffered there should be
some court to which an appeal for redress could be made.
The justice aimed at in Israel was, therefore, _impartial_ and
_accessible_. We have still to inquire whether it was _merciful_ or
cruel in its infliction of punishment. Dr. Oort says it was a hard
law in this respect, but one is at a loss to see how that view can
be sustained. There is no mention of torture in connection with
legal proceedings, either in the history or in the legislation.
Nor is there any instance mentioned in which an accused person
was imprisoned until he confessed. Indeed imprisonment would not
appear to have been a legal punishment in Israel, nor in any antique
state. The idea of providing maintenance for those who had offended
against the law was one which could never have occurred to any
one in antiquity. Prisons are, of course, frequently mentioned in
Scripture; but they were used, up to the time of Ezra, only for
the safe-keeping of persons charged with crime till they could
be brought before the judges. Sometimes, as in the case of the
prophets, men were imprisoned to prevent them from stirring up the
people; but this procedure was nowhere sanctioned by law. Further,
the crimes for which the punishment prescribed in the ancient law
was death were few. Idolatry, adultery, unnatural lust, sorcery,
and murder or manslaughter, together with striking or cursing
parents and kidnapping--these were all. Considering that idolatry
and sorcery were high treason in its worst forms, so far as this
people was concerned, and that impurity threatened the family in a
much more direct and immediate fashion then than it does now, while
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