Front Page Article
"The Lenses of Reformation Concerning Punishment and Imprisonment"
by Dr. Patti Amsden
"The Lenses of Reformation Concerning Punishment and Imprisonment"
by Dr. Patti Amsden
The dominion mandate – while spoken to Adam – was representatively given to all men. Glorifying the earth and bringing it into its full development is a group activity. No one person can fulfill the mandate on his or her own. People must cooperate. How we work together without trespassing each other’s God-assigned portions is communicated to us in general in the Ten Commandments and in specific situations in the case laws. If man followed these laws in perfect wisdom and love, no man would sin against his neighbor.
Reformation lens #1 – Because of a fallen world and because of man’s sin condition, trespass occurs.
In biblical jurisprudence, the victim’s rights must always be upheld. In the social order of ancient Israel, the common man was instructed in the law because the Torah was basic to a child’s education (Deut. 6:4-9) and was read orally to all the citizens every seven years (Deut. 31:11). The law was the tool of self-governance, which was meant to be comprehended and applied by every citizen, rather than an incredibly complex system with volumes of legal codes, which could only be mastered by an elect segment of professionals. Self-governance under the law provided a foundation upon which a safe and secure society could be established. When the peace was shattered due to a trespass, the covenantal agents – the judges – would return the social peace by aiding the victim in attaining restitution and requiring the trespasser to pay the restitution. Crime destroys the social order and prevents the formation and maintenance of community.
Reformation lens #2 – Justice and the protection of victim’s rights help to foster a just and godly social order where the citizens can live in peace and unity.
Justice is the concept that people are rewarded or punished as a result of their own specific actions and the rewards or punishments are correctly and appropriately applied using a commonly accepted standard. When someone is trespassed against, their duly earned portion is diminished. Justice demands that the depleted portion be replaced. Justice, then, addresses the right of the victim to have restitution. God empowers men as His appointed agents to guard and enforce justice by requiring the trespasser to make restitution.
Reformation lens #3 – To rebuild trust and cooperation between people, restitution must occur.
As Reformers, we must understand that the legal standards found in the Bible provide society with a means of establishing social order. When criminals break social order and peace, the civil courts are required to restore justice and order. Scripture affirms primarily three methods: economic restitution, corporal punishment, and the death penalty. Because trespass demands justice and because justice demands judgment, just judgment must be meted out. The payment of the penalty serves to compensate the victim, but it also serves to free the guilty. Justice is not only concerned about the victim, but it is also concerned about the trespasser. Biblical law seeks restoration for the perpetrator as well as restoration for the victim. A justice system that punishes the criminal but does not promote restoration for the victim is not a just system. A justice system that punishes the criminal without also allowing the restoration of that criminal is not a just system. A prison system that perpetrates crimes against the prisoners is not a just system. The civil system that refuses to enforce justice for both the victim and the trespasser becomes criminal in the eyes of God.
Reformation lens #1 – Because of a fallen world and because of man’s sin condition, trespass occurs.
In biblical jurisprudence, the victim’s rights must always be upheld. In the social order of ancient Israel, the common man was instructed in the law because the Torah was basic to a child’s education (Deut. 6:4-9) and was read orally to all the citizens every seven years (Deut. 31:11). The law was the tool of self-governance, which was meant to be comprehended and applied by every citizen, rather than an incredibly complex system with volumes of legal codes, which could only be mastered by an elect segment of professionals. Self-governance under the law provided a foundation upon which a safe and secure society could be established. When the peace was shattered due to a trespass, the covenantal agents – the judges – would return the social peace by aiding the victim in attaining restitution and requiring the trespasser to pay the restitution. Crime destroys the social order and prevents the formation and maintenance of community.
Reformation lens #2 – Justice and the protection of victim’s rights help to foster a just and godly social order where the citizens can live in peace and unity.
Justice is the concept that people are rewarded or punished as a result of their own specific actions and the rewards or punishments are correctly and appropriately applied using a commonly accepted standard. When someone is trespassed against, their duly earned portion is diminished. Justice demands that the depleted portion be replaced. Justice, then, addresses the right of the victim to have restitution. God empowers men as His appointed agents to guard and enforce justice by requiring the trespasser to make restitution.
Reformation lens #3 – To rebuild trust and cooperation between people, restitution must occur.
As Reformers, we must understand that the legal standards found in the Bible provide society with a means of establishing social order. When criminals break social order and peace, the civil courts are required to restore justice and order. Scripture affirms primarily three methods: economic restitution, corporal punishment, and the death penalty. Because trespass demands justice and because justice demands judgment, just judgment must be meted out. The payment of the penalty serves to compensate the victim, but it also serves to free the guilty. Justice is not only concerned about the victim, but it is also concerned about the trespasser. Biblical law seeks restoration for the perpetrator as well as restoration for the victim. A justice system that punishes the criminal but does not promote restoration for the victim is not a just system. A justice system that punishes the criminal without also allowing the restoration of that criminal is not a just system. A prison system that perpetrates crimes against the prisoners is not a just system. The civil system that refuses to enforce justice for both the victim and the trespasser becomes criminal in the eyes of God.