Justice System

Hammurabi’s Laws and other ancient Near Eastern legal collections were sanctioned by the gods, but crafted by kings. How and why did the laws in the Torah become God’s laws?

In a striking departure from prevailing notions of kingship in both the ancient Near East and early Israel, Deuteronomy introduces the separation of powers among distinct branches of government and subjects all political actors—including the monarch—to the rule of Torah. In effect, Deuteronomy provides a blueprint for the modern concept of the rule of law. These principles rest on an even more revolutionary idea: the establishment of an independent judiciary.

Up until recent times, throughout the Near East, communities and their leaders were held responsible for crimes committed in their vicinity.

The Book of Chronicles updates and reinterprets Deuteronomy’s court system.

The books of Samuel and Kings portray monarchs—specifically, David, Solomon, and Ahab—as Israel’s chief judicial authority, hearing cases and dispensing justice. Deuteronomy, however, leaves the king out of its justice system, assigning authority instead to local elders and judges, or else to a central court. Does this system reflect how justice actually worked in ancient Israel—or an ideal meant to replace royal justice?

YHWH commissions Isaiah to distract the people of Judah so that they continue to sin and then YHWH can punish them harshly. In contrast to other biblical figures such as Abraham and Moses, Isaiah is silent at this injustice.

Who were the shoftim?