A jury of one’s peers
“You shall not follow a majority in wrongdoing; when you bear witness in a lawsuit, you shall not side with the majority so as to pervert justice.” (Exodus 23:2)
Two important tenets of our judicial system are that one is judged by a jury of one’s peers, and that the jury must be unanimous. So this verse from Exodus seems to speak against these two tenents. Unfortunately the example cited from the Anabaptist writings is not overly illuminating. Dirk Philipsen wrote a letter concerning a possible division in one congregation. He writes of this situation, “The Lord have mercy over his own in this and help us through the freedom of his Spirit that we remain in the truth, “that we do not follow the multitudes to evil and not agree with the judgment of many multitudes,” [Exod. 23:2], so that we may not depart from the truth.”
It puzzles me that Philipsen uses a verse that seems to speak to a judicial system in dealing with internal church matters. Philipsen’s scripture reference also seems puzzling because supposedly both the majority and the minority in the above situation are fellow believers. Perhaps there was something more legal and judicial in the matter than we are told.
On the other hand the justice mentioned in this verse may not be legal justice, but God’s justice that is to be assured and carried out by God’s followers. I am reminded of a fairly well-known movie called “12 Angry Men.” In the movie the 12 jurors come to the point where they all vote ‘not guilty.’ The majority of the movie is the movement of 11 jurors from voting ‘guilty’ to ‘not guilty’.
In this day and age justice is sometimes hard to come by. The justice that is said to come from the throne of God is often mediated through the hand of humanity. And the hand of humanity is easily swayed from the path of doing the right thing. If one’s peers are believing Christians there is room for hope.
May you stay the course in whatever your role is in the deciding and dispensing of justice. Selah!
