Appeals – The Law of God and Public Policy: Marriage and Sex (5)

Appeals

The Law of God and Public Policy: Marriage and Sex (5)

Appeals were granted when judgments could not be rendered locally.

“If a case arises requiring decision between one kind of homicide and another, one kind of legal right and another, or one kind of assault and another, any case within your towns that is too difficult for you, then you shall arise and go up to the place that the LORD your God will choose. And you shall come to the Levitical priests and to the judge who is in office in those days, and you shall consult them, and they shall declare the decision.” Deuteronomy 17:8, 9

In ancient Israel justice was primarily a local concern. Local judges/elders were expected to have the last word on cases, and their word was to be received and obeyed explicitly. At times, however, a case might arise before local judges which the judges, for whatever reason, might regard as being beyond their ability to resolve. At that time an appeal could be made, sending the case up to a higher court.

In ancient Israel that higher court consisted of both religious and civil authorities. The Levitical priests—presumably, from among those who had charge of the Tabernacle/Temple—and the “judge”—a precursor of the king? (see the book of Judges)—would take the case into consideration. Their judgment was final and binding on all parties (Deut. 17:11-13).

It does not appear that one could appeal the decision of local judges on his own. Rather, appeals were made by local magistrates prior to their rendering a judgment. It might well become clear, during the inquiry and deliberations, that the local judges were “over their heads” somewhat. At which time accused or accuser might suggest an appeal to the higher court. However, the decision to do so would rest with the judges and not with the parties involved in the case.

The principle of appeal seems inherent in a society concerned with maintaining justice. How such appeals could be granted might vary from the practice of ancient Israel. However, the present appeals process in this country is cumbersome and costly and can be counterproductive of justice. It should be reviewed and, if possible, streamlined in order to allow just verdicts to be reached more efficiently and reliably.

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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.