Retributive Justice – The Rule of Law: Justice (6)

Retributive Justice

The Rule of Law: Justice (6)

Deliberate acts of injustice require retribution.

“If a man gives to his neighbor money or goods to keep safe, and it is stolen, then, if the thief is found, he shall pay double.” Exodus 22:7

Of course, there will always be people who care but little for the concept of justice. They are only interested in their own advantage and will compromise justice if they think they can gain from doing so.

Those who thus flout the Law of God and bring injustice to the community must be made to understand the seriousness of their offense and how injurious their actions are toward love for God and neighbor. A thief scorns the sovereignty of God in determining the just distribution of goods; and he despises his neighbor by appropriating his property as his own. When deliberate harm or injustice have been imposed on the community, retributive justice, the fourth side of Biblical justice, is required.

The thief may have stolen a little or a lot. Either way, when he is caught, he is not simply put away from the public for a prescribed season, where he is fed, entertained, and kept free from the elements. No matter how unpleasant the experience of prison can be, inmates at least know they will be fed, clothed, kept warm, and given lots to do during the day. And, when they have fulfilled their prescribed sentence, they will be sent back out into the community, where many of them—too many—will simply repeat the cycle of injustice. Many prison workers have testified to me that inmates have told them life “on the inside” is just so much preferable to life outside.

In Scriptural Law the thief had to pay back double what he stole. If he could not pay back double, he might be sold, or perhaps flogged. Or he might have to forfeit his own life. Retributive justice thus served to deter the deliberate practice of injustice. In communities where the Law of God was read, known, and followed, the penalties of retribution would have been well known, and few, we can imagine, would have been willing to risk the penalties of criminal acts, whether small or great.

Retributive justice thus goes a step beyond restorative justice by adding an element of punishment to the process of restoring justice to the community. The hope would be that incurring punishment, while it restores justice to the community, might also chasten the heart and restore justice to the offender’s soul.

For a practical guide to the role of God’s Law in the life of faith, get The Ground for Christian Ethics from our online store.

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In the Gates is a devotional series on the Law of God by Rev. T.M. Moore, editor of the Worldview Church. He serves as dean of the Centurions Program of the Wilberforce Forum and principal of The Fellowship of Ailbe, a spiritual fellowship in the Celtic Christian tradition. He is the author or editor of twenty books, and has contributed chapters to four others. His essays, reviews, articles, papers, and poetry have appeared in dozens of national and international journals, and on a wide range of websites. His most recent books are The Ailbe Psalter and The Ground for Christian Ethics (Waxed Tablet).

Scripture quotations in this article are from The Holy Bible, English Standard Version, (c) copyright 2001, 2007 by Crossway Bibles, a division of Good News Publishers. Used by permission. All rights reserved.