Retributive Justice – The Law of God and Public Policy: Justice (6)

Retributive Justice

The Law of God and Public Policy: Justice (6)

Deliberate acts of injustice are to be punished.

“For every breach of trust, whether it is for an ox, for a donkey, for a sheep, for a cloak, or for any kind of lost thing, of which one says, ‘This is it,’ the case of both parties shall come before God. The one whom God condemns shall pay double to his neighbor.” Exodus 22:9

When the peace of justice is intentionally or malicious violated, the fourth facet of justice—retributive justice—is invoked. Under the practice of retributive justice those who have deliberately disturbed the peace and brought injury or damage to their neighbors, in addition to being required to restore the balance of justice, are punished in ways appropriate to the offense. The pain of punishment is directed toward the heart of the offender, to discourage any future such acts.

Jesus affirmed the legitimacy of retribution when He pronounced approvingly on Zacchaeus’ resolve to repay what he had stolen from his neighbors and more (Luke 19:1-10). In ancient Israel retribution could take the form of payment in kind (two oxen for one stolen), money or other goods, or even bodily harm—beating, as well as the well-known practice of lex talionis (“an eye for an eye”). In extreme cases, banishment from the altar and community of God and even capital punishment could be inflicted. Thus it is clear that one purpose of the use of retribution was to convict the hearts of the entire community, to remind everyone of the high value God places on justice.

It is important to notice one thing more about the text cited above. When a complaint of injustice was lodged, a case would be brought “before God.” What actually happened, as we see in Deuteronomy 1:16-18 and Ruth 4, was that the contending parties would come before the rulers of the city, assemble in the gates of the city, and argue their positions relative to the accusation. It would be up to the judges to hear the arguments and determine which man was in the right. The phrase, “before God,” is intended to remind us of the solemnity of such proceedings. These are not actions taken merely for the sake of human well-being; the honor, presence, and truth of God are at stake whenever injustice is present. God Himself must be vindicated, and He has entrusted this duty to public servants, that they might do what is right and good before Him (Rom. 13:1-4).

A healthy polis, one where justice and all its benefits obtain, will not shy away from the use of retribution when it is appropriate. Public policy should reflect a determination to “wield the sword” against all evil, so that people will fear to transgress the bounds of justice and train their hearts to do what is right and good.

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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.