Now, I may just be a humble country pharisee and not one of those high-falutin city lawyers from Rome, but it seems to me that the defendant here is in deeper than a pooh bear in a honey tree. He’s been caught, you see, trying to have his law and eat it, too. This Jesus character is giving a free pass to every floussey and Roman stooge between the Jordan River and the sea, between Sidon and Beersheeba. He has sullied himself with the company of the unwashed, the lame, the collaborators, and even Samaritans.
Now, all this might be excusable. I know, I know.. Might be excusable... but what kind of so-called Rabbi, I ask you, would interpret that law in such a novel way as the benefit the very audience of his teachings? I submit that his message is more dangerous than it at first appears, and that we must reject these innovations and certainly not follow or imitate his foolishness.
You see, gentleman of the jury and ladies listening outside, there is no question that the central principle of our law is retributive justice. When man, woman, servant, or oxen does wrong, they harm three persons: their victim, the law itself, and themselves. God is no victim here, and He is not the law, but he is the Righteous Judge who gives us His Torah. ‘I call heaven and earth to witness against you today that I have set before you life and death, blessings and curses’ as the good book says. What matters to the law of retribution is not the victim, and it’s not the accused, but upholding the sacred order of our sacred covenant. What’s at stake is the fabric of our constitution. Deuteronomy lays it out clearly like a treaty: we have history with our God and in light of that He has given us the law, the Torah, and that law is a law of balance. A law of restoring the moral order of the universe. "If... then..." promises of the way the world works.
In our system of retributive justice, gentleman and eaves-dropping ladies, what matters is the crime itself. And the punishment must match the crime: an eye of eye, a tooth for a tooth, a life for a life. Proportional, yes, but not situational. You are to set aside, gentleman and lurking ladies, all such utilitarian concerns for the effect such punishments might bring upon this-or-that defendant or this-or-that victim. Set aside, too, speculation about social well-being in our community, the rippling effects down the line. Don’t think about the future; instead, think of the vast expanse of interstellar law. There is something much bigger at stake, here, a delicate mechanism that must be maintained. Think of the most abstract sense of the arch of the moral universe--that is what you are here for. The universe is like a giant pan-scale: the arms of this scale are very long, and you need not worry yourselves about this circumstance or that person. Focus on the law. Focus on the offense that was done.
In our system of retributive justice, gentleman and ladies-in-waiting, we have put away a selfish concern for revenge. Our system does not take the place of an aggrieved party, no no, the law IS the aggrieved party. If there is any actor at all here, it is the collective wisdom of the scribes and judges acting for the people. This has brought social cohesion and reduced the chaotic and arbitrary nature of blood feuds. Remember that a society that slays together, stays together.
And, I know what you are thinking, gentleman of the jury and ladies-of-the-corridor. You are thinking, what about restorative justice or "transformative justice?" What about rehabilitation?
Restorative Justice somehow imagines that people can find new ways to “just get along.” That a process of sharing and testimony ca change lives and bring people back into society. And Transformative Justice goes even further and imagines that crime and misdoings are an opportunity to change society itself to prevent such infractions in the first place.
Well, I’m just a humble country pharisee, but I think that’s just a load of liberal nonsense. As Immanuel Kant points out all we know is the law and all justice belongs to the state. If we start treating people as individuals we can no longer claim that the law, or our justice is impartial or universal. Retributive justic is not personal: what matters in the universality of crime and punishment. Thinking about individuals is going to send us into a downward spiral of circumstance and intention.
And that is exactly the problem with our defendant. This so-called Rabbi claims to fulfill the Law of the Moses. Listen to his own words and how they condemn him:
Do not think that I have come to abolish the law or the prophets; I have come not to abolish but to fulfil. For truly I tell you, until heaven and earth pass away, not one letter, not one stroke of a letter, will pass from the law until all is accomplished. Therefore, whoever breaks one of the least of these commandments, and teaches others to do the same, will be called least in the kingdom of heaven; but whoever does them and teaches them will be called great in the kingdom of heaven. For I tell you, unless your righteousness exceeds that of the scribes and Pharisees, you will never enter the kingdom of heaven.Non one letter. Not one stroke a letter, he says. And yet in the very next sentence he begins with this telling phrase, “You have heard it said to those of ancient times…” Gentleman of the jury and ladies hiding in the hall, I bid you ask, "what ancient times were these? The time of Moses? The time of our grandfathers, the times of our fathers? Our times?"
This man, I tell you, is an innovator! An innovator! “You have heard it said…” indeed. It was said. It was said for hundreds of years. And now this man has come to abolish all this. How? How does this so-called Rabbi undermine the very principle of retributive justice? I tell you, he does it with the dangerous idea that the goal of justice ought to be other people. That’s right, he believes that the purpose of the law is to create and sustain relationships between neighbours and between us and God.
Consider how he treats murder. We all know what murder is. Now, I may just be a humble country pharisee, but even I know that a murder case is an easy case. You just find who done it, drag them in front of a judge, and then kill them. The scales of justice are balanced. Easy peasey. Now this so-called-Rabbi has you all confused thinking about murder is a sliding scale. Maybe in matters if the murder was planned or done in the heat of the moment. Worse, he says outright that murder is something that can live your heart as hate or jealously. What an odd notion, gentleman and sneaky-ladies. Weirder still, he says that if you are angry you are liable to judgement. Really? It’s as though the purpose of the law was to do with the human heart. It’s as though our motivations and our feelings have something to do with the law. Balderdash.
Gentleman of the jury and ladies listening close… how can that be true? I’m in charge of my actions, not my thoughts. What man hasn’t looked lustfully at a woman? If I were to go into the corridor right now I’m sure some lady would provoke me with an exposed ankle. And who’s fault is that? Her's, of course. Yet this so-called Rabbi would put such a gaze in a spectrum with adultery itself. As though I was responsible for the things I think. "Keep the law out of my head," I say, "and hands-off-my-heart. My heart is mine, and I’ll lust, and I’ll huff, and I’ll swear if I want to."
This so called Rabbi is leading you down a false path, gentleman and ladies-who-should-be-at-home. A path that leads to some truly strange places. Consider how his own words condemn him in the court of common sense:
Do not resist an evildoer. But if anyone strikes you on the right cheek, turn the other also; and if anyone wants to sue you and take your coat, give your cloak as well; and if anyone forces you to go one mile, go also the second mile. Give to everyone who begs from you, and do not refuse anyone who wants to borrow from you.” ‘You have heard that it was said, “You shall love your neighbour and hate your enemy.” But I say to you, Love your enemies and pray for those who persecute you, so that you may be children of your Father in heaven.Gentleman of the jury and whispering-women, I hope for his sake this is more hyperbole of the gouge-out your own eye or cut off your own hand variety. Because if this so-called Rabbi truly lives this way I fear he will come to a painful end. And so will you, I fear, if you reject the way of retributive justice.
Because if you turn away from focusing on the crime and the law you will instead find yourselves sympathizing with victims and perpetrators. You will find yourself listening to terrible stories and feeling terrible things. You will waste your time trying to prevent these crimes from happening in the first place. You will sit in uncomfortable places between sworn enemies. And when bad things happen to you, you will move-on from them and ignore the call of revenge.
I urge you, gentleman of the Jury, to take refuge in the law. I mean the very letter of the law. Focus on the crimes, not the people. Think of how the truly aggrieved party here is the law itself. Do not be distracted by all this love and forgiveness business. This man, this so-called Rabbi, has not come to extend the Law of Moses into our hearts. He has come to change the very foundation of that law from retribution to restoration, and you cannot accept it.
The very worst thing you could do, Gentleman and ladies-who-listen, the very worst thing would be for you to come away from this proceeding believing that you have the power to extend the law of Moses yourselves. Please, do not imagine that some Spirit has come to inhabit you and allowed you to interpret the law on your own. Please, do not examine your own hearts. Leave that to those of us with the long robes and places of honour. We pharisees and scribes have the answers for you.
Even worse would be to imagine that this so-called Rabbi could somehow show by word and example how to interpret the law. His life is not an example. In no way could you see his life and teachings as some kind of key that unlocks a new level of interpretation of the law given to Moses.
My fear, gentleman and hidden-ladies, is that people will remember this rabbi. That tiny bands will gather and invoke his presence and try to imitate his concern for the poor and the marginalized. Don’t do it, folks!
And I thank you, gentleman, for making the law great again.
