THE JEWISH LEGAL SYSTEM of Jesus’ time was a sophisticated system founded and developed over more than a millennium. It was unique in its cultural perception of the covenantal God-man relationship, and firmly rooted in the rabbis’ convoluted written interpretations, especially so beginning during the Babylonian times of exile. When James writes his thoughts about the law, the court system of his time has three levels. The highest court was the Great Sanhedrin, which has seventy-one judges, and deals with the most refined aspects of theological law interpretation. Lesser courts with twenty-three judges deal with death penalty cases. Lower courts with three judges handle most civil and criminal matters. And lawsuits then, as they are now, were common. There is a striking similarity to most western law, not coincidentally, for Jews took their understanding of laws with them wherever they were scattered as first Rome and then all of Europe and finally America began the collective rise of the west to world dominance and influence over the laws of nations.
People living in masses in close proximity to one another have problems, and in cultures with developed laws there are ways to mitigate those problems that do not involve physical violence. Sometimes there were abuses of power by the wealthy against those who did not have the means to adequately defend themselves, and in James’ time many of those lawsuits were intentional persecution by wealthy Jews against Jewish Christians. Additionally, Paul severely warns Christians against suing one another. (c.f. 1 Cor. 6:1-8)
In the second chapter of his letter, James is writing from Paul’s perspective that the members of the church are all part of one body. “The body is a unit, though it is made up of many parts; and though all its parts are many, they form one body.” (1 Cor. 12:12) James aligns himself also to his half-brothers’ teaching as he begins, for Jesus said, “Blessed are the poor in spirit, for theirs is the kingdom of heaven.” (Matt. 5:3) Here, James initiates his challenge with an appeal to the true law-giver. “Listen, my dear brothers: Has not God chosen those who are poor in the eyes of the world to be rich in faith and to inherit the kingdom he promised those who love him?” (James 2:5) He immediately sets that in contrast to the legal actions that some have taken against others, apparently within the Christian community. “But you have insulted the poor. Is it not the rich who are exploiting you? Are they not the ones who are dragging you into court?” (James 2:6b) He argues again the position of higher authority, and states the true nature of the crime that is being committed. “Are they not the ones who are slandering the noble name of him to whom you belong?” (James 2:7)
Lawsuits in even the lowest courts are draining. They drain the financial and emotional resources of those involved, whether plaintiff or defendant. The more significant ones can drag on for years, and make destitute of both finances and spirit. Even the winners leave damaged, for the mind becomes inhabited at the corner of every turn of thought with the anxieties of the ‘what-if’s’ that chip away at spirit and soul. The psychic and real wounds to the losers can leave people in mental, emotional, and worst, spiritual bondage for long ripples in time.
There is no need to endure this kind of suffering; God has supplied a way out. James says. “If you really keep the royal law found in Scripture, ‘Love your neighbor as yourself,’ you are doing right.” (James 2:8) Following his earlier pattern, he immediately contrasts the lower with the higher. “But if you show favoritism, you sin and are convicted by the law as lawbreakers.” (James 2:9) Perhaps he is talking to or about a judge in the lower courts, perhaps he is talking to all who decide to exercise their own sense of personal right to render judgment. Either way, James hammers down the gavel from above. “For whoever keeps the whole law and yet stumbles at just one point is guilty of breaking all of it.” (James 2:10) He then returns to his appeal to choose, not a higher court than Jewish law, but a higher code of personal moral and ethical conduct. “Speak and act” he says, “as those who are going to be judged by the law that gives freedom. Mercy triumphs over judgment!” (James 2:12-13b)
There is One who sees all, knows all, and judges all. And that One has cautioned, “Judgment without mercy will be shown to anyone who has not been merciful.” (James 2:13a) When that One walked the earth, he said, “For if you forgive men when they sin against you, your heavenly Father will also forgive you. But if you do not forgive men their sins, your Father will not forgive your sins.” (Matt. 6:14-15) Of the One who walked in flesh, the Psalms say, “Mercy and truth are met together; righteousness and peace have kissed each other.” (Psa. 85:10 NKJV)
We are cautioned throughout scripture to walk circumspectly, as one capable of exercising wisdom. “Make level paths for your feet and take only ways that are firm. Do not swerve to the right or the left; keep your foot from evil.” (Prov. 4:26-27) A final thought from James: “There is only one Lawgiver and Judge, the one who is able to save and destroy. But you—who are you to judge your neighbor?” (Jam. 4:12)
Q. Which way do my scales tilt heaviest on the trays of justice and mercy?
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