Justice For Victims
When a man steals an ox or a sheep, and slaughters it or sells it, he shall repay five cattle for an ox and four of a flock animal for a sheep. Exodus 21:37
Repay – The biblical principle of justice is straightforward and simple. Perpetrators repay victims. You will notice as you read the torah that there is no mention of police, jails, incarceration, or law suits. The perpetrator does not pay his debt to society. He pays his debt to the one he wronged. The victim’s property, dignity or honor is restored. In the process, the criminal is also restored for he must account for his crime in the face of the one he harmed and make restitution to that person. There is no anonymous sentencing.
Moses uses the Hebrew word shalam. The choice is interesting because its primary meaning is to be safe or to be complete. It is used to describe God’s action to keep His people free from harm. It is also used to describe being at peace with another person (Psalm 7:5) making a treaty with someone (Joshua 11:19). Pictographically, the Hebrew consonants could mean “to destroy and control chaos.” The picture fits. Repayment restores peace. It is an essential element in a treaty that sets aside past damages. It provides a legal means of safety and confidence. Shalam eliminates the chaos that ensues in the wake of theft. Everything about the process, including the penalty assessed against the thief, insures that stability and restoration will prevail in the community.
Of course, it takes only a moment’s reflection to see how far contemporary legal practice has wandered from the idea of personal confrontation, restoration and repayment. The Greek ideal is based on the primacy of Law, not the primacy of Person. Therefore, the representative of Law is the victim, and this, of course, is the State, not the individual. In societies based on the Greek concept of Law, criminals repay the anonymous State. There is no direct connection to the victim. The injury is against the State and the State exacts payment. Most often this simply amounts to isolation from society. The criminal repays by being excluded from the restoration process. In the ancient Hebrew culture, the criminal has a direct interaction with the victim. He is not isolated from community nor does he repay the anonymous “society.” He repays the one he has harmed.
What would happen to our legal entanglements if we simply followed God’s instructions? Do you think we would find justice rather than technicalities? Do you think the recidivism rate would drop? Do you think our communities would be safer? Do you think that criminals would be punished rather than praised? And how would we operate if we knew that the laws we followed came from a holy God and were not open to debate or revision?
Read the legislation of the torah from the perspective of social stability. You might see a completely different way of living; one that respects persons and property at the same time it engages in restoration of sinners. If you don’t live in a society that understands Law as the word of God, you can never really be safe. The Law of society serves society and society is not God, is it?
Topical Index: Justice
