Wednesday, October 21, 2020

Christian Political Theory (9) Universal Laws

A problem with studying the Torah is that it is full of a lot of different stuff mixed up together: history, laws, sacrifices, tabernacle design, covenants, infection control, genealogies, priesthood rules. We need a principle to identify the laws that judges are required to enforce in every society.

After looking for a long time without success, I found the key I have been looking for. That key is a phrase in the book of Exodus. Whereas most laws in Exodus are addressed to Israel, I noticed that a section of laws in the middle of the book seem to be addressed to a universal man. They all begin with the expression, "If a man" (kiy ish). These laws are not addressed to Israel, but to all people. This set of universal laws begins at Exodus 21:12 and ends at Exodus 22:17.

Exodus 21:12-22:7 has two other distinguishing features that confirm my understanding that it is different from other parts of the law.

  • This section of law also stands out as being different, because it is expressed in the third person. Most of the other laws in Exodus are expressed in the second person, ie you shall not steal, you shall not murder. Moses used "you" because he was addressing Israel and announcing laws for his listeners and their descendants. The Ten Commandments are all written in the second person, as they were spoken to Israel. The laws beginning at Exodus 21:12 are written in the third person, ie if he does something, he shall receive this penalty.

    The third person is used when referring to someone who is not part of the conversation. It points to a third person, who is not the speaker (I) and not the listener (you). Moses used the third person here, because this section of laws are for all people and not just for those who participate in the covenant made on Mount Sinai.

  • Another feature that distinguishes the section of laws between Exodus 21:12 and Exodus 22:17 is that the subject of the verb is always "a man" or "men". There is no definite article, so the reference is not to a particular man, but to any man. These seem to be laws for all men or "everyman".

The use of the third person and "man" or "men" as the subject of the command marks off a set of laws that apply to all people in all societies everywhere. These laws are not just for Israel. The penalties for failure to comply with these laws are specified in a timeless way. I refer to them as the Laws for Society, as God intends them to be applied by judges in every society and culture.

The Laws for Society cover two areas of life.

  • personal injury
  • protection of property.
Biblical justice is limited to:
  • Theft or damage to property
  • Physical injury to a human person.
These two types of offence are the only ones specified in the Judicial Laws of Moses. There is nothing else. This makes God's Judicial Law very simple and easy for everyone to understand. It means that we do not need a Congress or Parliament turn out hundreds of new laws every year. We do not need laws books with hundreds of pages of detailed legislation. All we need is wise judges, who can decide in any situation, whether a victim was harmed by assault, or if their property was harmed or stolen.

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