Judges should never show special "empathy" for the downtrodden and unfortunate. To do so not only undermines the integrity of the legal system, but goes against Biblical morality. How do we know? Because the Hebrew Scriptures are explicit and unequivocal on this issue, as I explained in a column a month ago.
The controversy over the Sotomayor nomination gives that column fresh (and, if I do say so, prophetic) relevance. In fact, I suspect that in her confirmation hearings Judge Sotomayor will display the good sense to back away from some of the most controversial recent statements that she has made (especially regarding the superior "wisdom" of Latinas) as well as clarifying, or rejecting, the implications of some of the President's statements suggesting that the scales of equal justice should be tilted in the direction of recognized "victim" groups, based upon a history of suffering rather than the validity of their legal arguments. Even Americans with no specific background in the legal system can understand that Lady Justice must remain blind, not biased.
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Obama Should Listen to Leviticus: Don't Confuse Justice and Charity
The core mistake of liberalism involves the confusion of charity and justice.
How do we know it’s a disastrous error to blur the distinction between these two timeless virtues?
Because the Bible specifically warns us against it.
Last Saturday, Jewish people around the world read Leviticus 19:15 as part of the weekly “Torah Portion” – the specific segment of the Five Books of Moses assigned since ancient times for synagogue recitation on this particular Sabbath of the calendar.
The text declares (in the best modern translation): “You shall not commit a perversion of justice; you shall not favor the poor and you shall not honor the great; with righteousness shall you judge your fellow.”
The unmistakable commandment to avoid favoring the poor comes as something of a shock: doesn’t the Bible, and especially the New Testament, repeatedly remind us to deal generously with the less fortunate, and to care for widows, orphans and paupers in general?
The truth is that the Bible – both Old and New Testament—views compassion as a personal obligation rather than a public priority for governmental or judicial policy. The all important warning against tilting the scales of justice toward the poor appears just three verses before the most famous single injunction in all of Scripture: “You shall love your neighbor as yourself.” (Leviticus, 19:18).The juxtaposition of God’s directives makes it clear that not even love for your neighbor can allow “perversion of justice.” Justice and charity must remain distinct—not just separate, but in some ways opposite polarities.
Continued... |