Caput XX. De judicibus
The Scales of Justice and Mercy
A judge must hold both justice and mercy in balance, render verdicts without favoritism, and remember that the standard he uses will be applied to him by God.
Everyone who judges rightly carries a set of scales in hand. In each sense they carry both justice and mercy: so that in the interest of justice they render sentence against sins, and in the interest of mercy they moderate the punishment for sin. Some things, indeed, a good judge must correct through fairness, and some must pardon through mercy. Judgments must be rendered without favoritism. Nothing is more unjust than accepting gifts in legal judgments, because gifts blind the hearts of the wise and overturn the hearts of the just (Deut.✦ 16:19). For by whatever standard you judge, the Lord says, you will be judged — and that same standard will be applied to you (Matt.✦ 7:2).
The Fear of God and the Danger of Corruption
Judges must fear God lest they themselves be condemned, avoid appointing foolish or corrupt officials, and recognize that unjust judges are more destructive than open enemies.
So a judge should fear God as judge, lest when God sits in judgment, the judge himself be condemned. Whoever condemns the innocent or justifies the wicked for a bribe, or judges unjustly out of love or hatred for a particular person, will face God's judgment and punishment. No ruler ought to appoint foolish or corrupt people as judges. The fool, through laziness, ignores what is right, while the corrupt person, through greed, twists the very truth he has learned. The poor are torn apart by corrupt judges almost more severely than by bloodthirsty enemies. No robber is so greedy for what belongs to others as an unjust judge is for what belongs to his own people. Unjust judges are worse than enemies. Enemies can often be avoided by flight, but judges, because of their power, cannot be escaped — those who are bent on amassing wealth and oppressing citizens.
Greed, Delay, and the Wolf at Evening
Even good judges are stained by greedy subordinates if they do not restrain them, and corrupt judges twist justice for profit, weighing gifts rather than cases like wolves that devour the poor.
Sometimes even good judges have greedy subordinates, and they're stained by those subordinates' crimes if they don't put a stop to their greed. They perish in the sins of others, because, as the world's outstanding teacher says, not only those who do such things, but those who consent to those who do them, are made worthy of eternal death (Rom.✦ 1:32).✦ Often corrupt judges, for the sake of greed, either delay or twist their rulings. Nor do they bring cases to an end until their pockets are full. When they judge, you see, they don't weigh the cases — they weigh the gifts. Corrupt judges, in the words of the prophet, are like wolves at evening: they don't look into the matter by morning (Zeph.✦ 3:3) — that is, they think only about the advantage of the present life, but nothing about the future: seizing everything like wolves, and scarcely leaving the poor anything at all.✦
Clear Judgment, Impartiality, and the Promise of Reward
An angry judge cannot see clearly; judgment must rest on the case, not the person, for partiality betrays the truth, while those who judge justly in the fear of God will receive eternal reward.
An angry judge can't fully examine a case, because the darkness of rage keeps him from seeing the clarity of justice. It's not the person who should be considered in a trial, but the case. For it is written: You shall not show partiality in judgment (Deut.✦ I, 17). Unjust judges go astray in their verdict on the truth, since they pay attention to the standing of the person; and they often harm the upright while shamelessly defending the wicked. Taking gifts in legal cases is a betrayal of the truth. Those who, fearing God, judge justly are about to receive eternal rewards from the Lord.
Read the original Latin
Omnis qui recte judicat, stateram in manu gestat. In utroque sensu justitiam et misericordiam portat: ut pro justitia reddat peccatis sententiam pro misericordia peccati temperet poenam. Quaedam vero sunt a judice bono per aequitatem corrigenda, quaedam per misericordiam indulgenda. Sine personarum acceptione debent esse judicia. Nihil enim iniquius est, quam munera accipere in judiciis: quia munera excaecant corda prudentium, et subvertunt corda justorum (Deut. XVI, 19). In quo enim judicio, dicit Dominus, judicabitis; judicabitur de vobis (Matth. VII, 2).
Quapropter judex Deum judicem timeat, ne forte Deo judicante damnetur. Qui innocentes damnat, vel impios justificat pro muneribus; vel cujuslibet personae amore vel odio inique judicat, in Dei judicio vindictam sustinebit. Nemo principum stultos vel improbos judices ponere debet. Nam stultus per ignaviam ignorat justitiam, improbus autem per cupiditatem subvertit ipsam quam didicit veritatem. Pene gravius lacerantur pauperes a pravis judicibus, quam a cruentissimis hostibus. Nullus enim praedo tam cupidus in alienis, quam judex iniquus in suis. Pejores sunt hostibus judices iniqui. Hostes saepe fuga vitantur: judices vero propter potentiam effugi non possunt, qui divitias et civium oppressione congregare student.
Aliquoties judices boni ministros habent rapaces; quorum scelere coinquinantur, si non prohibent rapacitatem illorum. Hi in alienis pereunt peccatis, quia non solum, ut egregius mundi doctor ait, qui faciunt, sed qui consentiunt facientibus, digni efficiuntur morte perpetua (Rom. I, 32). Saepe judices pravi cupiditatis causa aut differunt, aut pervertunt judicia. Nec finiunt causas, quousque saeculi eorum impleantur. Quando enim judicant, non causas, sed dona considerant. Judices pravi, juxta Prophetae verbum, quasi lupi vespere: non re inquunt in mane (Sophon. III, 3), hoc est, de praesentis vitae commodo tantum cogitant, de futuro autem nihil: luporum more cuncta rapientes, et vix pauperibus pauca relinquentes.
Iracundus judex judicii examen plene contueri non valet, quia caligine furoris non videt claritatem justitiae. Non est persona in judicio consideranda, sed causa. Scriptum est enim: Non accipies personam in judicio (Deut. I, 17). Iniqui judices errant in veritatis sententia, dum intendunt qualitatem personae: et nocent saepe justis, dum improbe defendunt impios. Acceptio munerum in judiciis, praevaricatio est veritatis. Qui Deum timentes juste judicant, aeterna a Domino accepturi sunt praemia.
Scripture echoes
- ↩Deut.16.19 — You shall not pervert justice; you shall not show partiality; and you shall not take a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous.
- ↩Matt.7.2 — For with the judgment you judge, you will be judged, and with the measure you measure, it will be measured to you.
- ↩Rom.1.32 — Although they know God's righteous decree, that those who practice such things deserve death, they not only do them but also approve of those who practice them.
- ↩Rom.1.32 — Although they know God's righteous decree, that those who practice such things deserve death, they not only do them but also approve of those who practice them.
- ↩Zeph.3.3 — Her officials within her are roaring lions; her judges are evening wolves that leave nothing till morning.
- ↩Zeph.3.3 — Her officials within her are roaring lions; her judges are evening wolves that leave nothing till morning.
- ↩Deut.1.17 — You shall not show partiality in judgment; hear the small and the great alike. Do not fear anyone, for judgment belongs to God. And the matter that is too difficult for you, bring it to me, and I will hear it.
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