The Commandment to Establish Judicial Courts
The Meaning
If society is to function successfully, it must be able to impose on itself a legal structure to ensure adherence to core values. Peace and success among the members of a society can only be fostered if a righteous moral code is used to establish enforceable boundaries for people’s behavior. Every nation, state or province, and municipality is obligated to have a system of courts to uphold the Seven Noahide Commandments. Beyond this, all Gentile societies must also establish civil laws according to righteous principles, with civil courts rule on civil matters, since these inevitably arise in the normal functioning of people’s daily lives.
It is important to understand that if secular courts or governments decide that it is fitting for the overall good of the society, they have the authority to place legal limits on activities that G-d’s Torah leaves up to personal choice, if the restriction is acceptable to the population in general. Then by the Noahide “Law of Courts,” it becomes required of the citizens to observe that secular law, and the courts can apply any rule for non-capital punishment that the public in general accepts, as long as it is not cruel and unusual. This is called “going beyond the letter” of the Torah Law. For example, a court system has the right to limit the male citizens to only one legally contracted wife at a time (including both formally registered marriages and common-law marriages), if this is judged to be a benefit for the society.
Furthermore, G-d’s known standards for moral human behavior are also part of G-d’s desire for “yishuv olom” (literally, “settling the world,” which is a Biblical term that refers to people making societies that are peaceful and proper in G-d’s eyes). Therefore, this is also a part of the Noahide obligation to promote “yishuv olom” – that people should be encouraged to act in ways that are morally proper according to G-d, or at least not to act in ways that are known from the Hebrew scriptures (which are authentic Divine revelation) to be abhorrent to G-d, whether or not the undesirable actions are actually liable to punishment according to the Torah’s Noahide Code.
Even if there are no courts which expressly follow the Noahide Commandments, as in our day and age, every Gentile is still obligated to constrain himself or herself to believe in and follow the Seven Noahide Commandments. It is praiseworthy to encourage others to do so as well, and to support laws in your own society which move toward the letter and spirit of the Noahide Commandments.
Scriptural Sources
This precept can be learned from the story of Shechem, Dinah, and the sons of Jacob. In Genesis 34:2 it relates, “Shechem, son of Hamor the Hivvite, the prince of the land, saw her; he took her, and he lay with her, and violated her.” His “taking” her against her will was a form of kidnapping, which was forbidden as a type of theft. Since the men of Shechem’s city did not convene a court of justice and convict him for his crimes, they failed to obey this commandment and also collectively became accomplices to his crime. Jacob’s sons therefore formed a court, convicted them, and executed them. It should also be noted that all the men of Shechem were also guilty of the sin of idolatry, as evidenced by the idols which the sons of Jacob removed from the city (Gen. 35:2,4). Also, note that Jacob called for the judgment of a court of law in Gen. 31:37.
Some Major Details
- it is the responsibility of the ruling power to institute oversight on the courts to be sure that only proper and expert judges are appointed, and that the judges do not act corruptly or unrighteously, which is forbidden. It also appears that the ruling power has the authority to institute a structure of “appeals” courts or “referral” courts.
- Every individual must abide by a properly rendered legal decision he has received. It is forbidden for an individual to carry out judgments and punishments against others (vigilante justice). Rather, one must pursue a legal case within the legal system that has jurisdiction over the matter.
- Circumstantial evidence is admissible in the Noahide courts of law.
- The judges in Noahide courts must themselves be strict followers of the letter and spirit of the Noahide Commandments, and they must refer any questions they have on the Noahide Code to reliable Orthodox Rabbis who are experts in this area of Torah Law. Also, anyone who is known to transgress any of the 7 Noahide Commandments is not to be considered as a reliable witness.
- All judges must deliver righteous judgments, and opposing claimants must be treated equally in every respect.
- A judge is forbidden to take a bribe. Bribery to judge wrongly or rightly will corrupt any judgment.
- In civil cases, seek arbitration and mediation or other means of finding an amicable settlement or compromise. This avoids a court trial, and more than that, it is an obligation to seek compromise.
NEXT >> The Prohibition of Idolatry
More information
AskNoah Forum on Courts of Law
Books:
Spiritual Survival for Law Enforcement
The Jewish Ethics for Business and life
In G-d We Trust: A Handbook of Values For Americans
Audio:
Resolution of Congress on 7 Laws
Video:
We Need Better Public Education – The Key to a Healthy Society
