There is a serious problem with the way in which biblical societies functioned. Two perfect examples of when their unregulated lifestyles led directly to crime an questionable punishments that revealed an underdeveloped judicial system.
Getting acquainted with the stories: The first example takes place in the generation of Abraham when God saw that, "the outcry of Sodom and Gomorrah [had] become great, and because their sin [had] become very grave" (Bereshit 18:20). This problem of unrighteous, wicked behavior arises again in the story of Judges when the men of Gibeah, when given the Levite's concubine,"raped her and abused her all night long until morning" (Judges 19:25). Both these situations involve societies who, for different reasons, have adapted and foster horrendous, inhumane practices that were then considered cultural norms. The problem here is less so the fact that crime exists, because without a doubt every society faces it's own degrees of criminal activity, the issue however lies in the manner in which the crime was dealt with. Neither the societies have a judicial system, when Lot tries to compromise with the Sodomites, they exclaim, "This fellow came to sojourn and would act as a judge?" (Bereshit 19:9). The angry Sodomites are further upset by the seemingly unprecedented role Lot had tried to take on. They were simply not accustomed to "judge type" roles which was precisely what they needed, which is reflected by how they react to Lot's attempt. In the other situation, which coincidentally called Judges, it is stated plainly that, "In those days...there was no king in Israel" (Judges, 19:1). They too lacked a judicial system, a unifying higher power that would force individuals to hold themselves accountable. In fact, the similarities in the state of both societies is further emphasized through echo phrases or actions. In both societies, there is the custom of feet washing before entering someone's home (Genesis, 19:2) (Judges 19:21). These identical customs show how closely linked these two societies were even though they did not exist in the same time. Another echo phrase that is does not just reveal the similarities in the societal norms, but also the similarities in the manners of the people. Both the concubine's father and Lot willing offer up their daughter or concubine as sacrifices (Genesis 19:8) (Judges 19:24-25). Volunteering another person without their consent sparks lots of controversy- volunteering a voiceless woman who is then to be sexually assaulted, is without a doubt criminal. These men however, are not acting out of malice, but rather because it is simply the manner in which they respond to conflict. They are not trying to cause more harm, but create a solution. This leads us to the problem.
The problem: Because there is no judicial system, and the cultural norms of those societies are quite problematic, as the civilians take "justice" into their own hands or react to difficult situations, they end up causing more harm than is intended. These societies, have in essence become the biblical, lawless, "Wild Wests" where the people roam free and do as they please, crimes and punishments are always personal and never consistent.
The difference: The Judges situation however does subvert Sodom. This is because after the rape and death of the concubine, "all the Israelites- from Dan to Beer-sheba and [from] the land Gibeah marched forth, and the community assembled..." (Judges 20:1). The tribes all gather and are united by this common goal, to avenge the wrongdoings, the crime committed. Perhaps the people are taking the judicial power into their own hands, but in a more democratic and unified manner. As a society and a nation they group and decide how to respond. In the story of Sodom, on the other hand, God "caused sulfur and fire to rain upon Sodom and Gomorrah" (19:24). With this situation God acts as the judge and the punisher, God finds Sodom guilty of wickedness and takes it upon God's self to destroy them. The generation of Abraham and Sodom can not rely on God's Divine intervention to maintain social morality. In Judges however, God does play a role in judgment and aids the avengers, giving them battle advice such as telling Judah to attack first (Judges, 20:18). The people however are the ones physically dealing out the punishments. There is still an issue with this, because though they all unite to react as a community against this injustice, what will they do when the next crime happens? It is inefficient and unrealistic to expect such dramatic events such as the battle that saw over 100,000 casualties to become a cultural-norm-aftermath of crimes. This relationship between a higher authority and the people however, is a prototype for the solution.
The solution: The problem of individuals taking justice into their own hands can not simply be solved by leaving justice up to God. In all reality that would not work, we need a leader, an authority (that is not Divine), to mandate, decree and punish. But not just any leader, they need an impartial, righteous judge much like our judicial system in America. In fact, the ideal solution would be to instill the three branches, the Judicial, Legislative and Executive. One to create laws (legislative), which would reduce instances where gatherings of men attempt to overpower travelers (Judges 19:22) or where entire societies are evil (Genesis 18:20); one to enforce and judge the compliance of the law (judicial), which would enforce a consistency in the way specific criminals were punished and one to maintain daily harmonies (executive), that would hold the "cultural norms" accountable and to a minimum degree of decency.
The Three Branches Further Explained:
Getting acquainted with the stories: The first example takes place in the generation of Abraham when God saw that, "the outcry of Sodom and Gomorrah [had] become great, and because their sin [had] become very grave" (Bereshit 18:20). This problem of unrighteous, wicked behavior arises again in the story of Judges when the men of Gibeah, when given the Levite's concubine,"raped her and abused her all night long until morning" (Judges 19:25). Both these situations involve societies who, for different reasons, have adapted and foster horrendous, inhumane practices that were then considered cultural norms. The problem here is less so the fact that crime exists, because without a doubt every society faces it's own degrees of criminal activity, the issue however lies in the manner in which the crime was dealt with. Neither the societies have a judicial system, when Lot tries to compromise with the Sodomites, they exclaim, "This fellow came to sojourn and would act as a judge?" (Bereshit 19:9). The angry Sodomites are further upset by the seemingly unprecedented role Lot had tried to take on. They were simply not accustomed to "judge type" roles which was precisely what they needed, which is reflected by how they react to Lot's attempt. In the other situation, which coincidentally called Judges, it is stated plainly that, "In those days...there was no king in Israel" (Judges, 19:1). They too lacked a judicial system, a unifying higher power that would force individuals to hold themselves accountable. In fact, the similarities in the state of both societies is further emphasized through echo phrases or actions. In both societies, there is the custom of feet washing before entering someone's home (Genesis, 19:2) (Judges 19:21). These identical customs show how closely linked these two societies were even though they did not exist in the same time. Another echo phrase that is does not just reveal the similarities in the societal norms, but also the similarities in the manners of the people. Both the concubine's father and Lot willing offer up their daughter or concubine as sacrifices (Genesis 19:8) (Judges 19:24-25). Volunteering another person without their consent sparks lots of controversy- volunteering a voiceless woman who is then to be sexually assaulted, is without a doubt criminal. These men however, are not acting out of malice, but rather because it is simply the manner in which they respond to conflict. They are not trying to cause more harm, but create a solution. This leads us to the problem.
The problem: Because there is no judicial system, and the cultural norms of those societies are quite problematic, as the civilians take "justice" into their own hands or react to difficult situations, they end up causing more harm than is intended. These societies, have in essence become the biblical, lawless, "Wild Wests" where the people roam free and do as they please, crimes and punishments are always personal and never consistent.
The solution: The problem of individuals taking justice into their own hands can not simply be solved by leaving justice up to God. In all reality that would not work, we need a leader, an authority (that is not Divine), to mandate, decree and punish. But not just any leader, they need an impartial, righteous judge much like our judicial system in America. In fact, the ideal solution would be to instill the three branches, the Judicial, Legislative and Executive. One to create laws (legislative), which would reduce instances where gatherings of men attempt to overpower travelers (Judges 19:22) or where entire societies are evil (Genesis 18:20); one to enforce and judge the compliance of the law (judicial), which would enforce a consistency in the way specific criminals were punished and one to maintain daily harmonies (executive), that would hold the "cultural norms" accountable and to a minimum degree of decency.
The Three Branches Further Explained:
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