Deuteronomy 17 - Standards for Justice and for Kings

This chapter is extremely beneficial to understanding the judicial system in place for capital punishment. We often view capital punishment especially for crimes such as idolatry and sexual immorality to be absolutely absurd. Why is that so? This debate raged in the Catholic church for years until they settled on it somehow being inappropriate in all cases which I find to be contrary to what the Bible teaches governing authorities in society ought to look like. However, at least the Catholics are consistent on this issue. Most protestants I know would cringe at the idea of a governing authority putting someone to death for serial prostitution, yet they would put someone to death for rape? What biblical grounds do you have to suggest that the death penalty only applies to rape and murder? The only passages that would support it are the exact same ones that condemn idolatry, prostitution, homosexuality, and even kidnapping. So why the inconsistent standard? Could it be that we are letting our absurdly modern American/liberalized view of judicial law interfere with our consistency? I know that was the case for me until I started actually contemplating these topics more seriously and letting my heart be truly convicted of inconsistencies in areas of political leanings and how God's Word should be influencing that area of my life as well.

Initially in verses 2-5, we see that idolaters are to be put to death by stoning. If all we read are these verses (as often happens when opponents cherry-pick), we may come off with the immediate gut-reaction that it's unfair and barbaric. Which would be correct especially by our modern cultural standards. However, God reveals more about the intent behind both the judicial process and the identity of the executioner which is extremely important. I think John Calvin explains this perfectly here:

The hands of the witnesses shall be first. It was not without reason that God would have criminals put to death by the hand of those by whose testimony they were condemned. The ancient people did not employ public executioners, that there might be more solemnity, modesty, and reverence in the infliction of punishments. This office he peculiarly enjoins upon the witnesses, because the tongue of many is too hasty, not to say worse of it, so that they do not hesitate to stab people verbally, when they would not dare to lay a finger upon them. This, then, was an excellent remedy for the repression of light accusations, not to admit the testimony of any, whose hand was not prepared to execute the sentence. Stoning was indeed a sad and horrible kind of punishment; but it is probable that God made choice of it because it required the application of many hands.

God first makes it clear that justice is not to be taken by an emotional mob or without due process. Witnesses are required and not only that, those same witnesses are required to be the person who throws the first stone. This is the exact same heart issue that Jesus focuses on when stepping in and stopping the woman from being stoned. When the people pressing charges are the ones who have to be the physical executioners of the person, in a society where most people fear God and serve Him and understand the mercy and love He has for us, this makes people think twice before bringing false accusations in the first place as it would not only result in their own punishment if found out, but because being the executioner of an innocent person does not rest easy on the heart. Jesus' point in that passage was not to condemn capital punishment at all, but to make those about to execute a woman without any judicial proceedings or authority in the first place check their hearts before God and think about what they are doing.

The second portion of this chapter is descriptive of what looks to be a humble ruler that is permitted to be appointed over them. First of all, this is not a democracy as we can see. However, it also is not a pure dictatorship where the king can just get fat and wealthy and be a sexual deviant with anyone he wants. The king is to not have many wives, hoard wealth, or break the law. Notice also that the king is to be of their brotherly kin, not a foreigner. If only we advocated more for this kind of governance in our own nations rather than just trying to mental gymnastics a justification for majoritarian democracy out of Romans 13. When a God-fearing ruler follows even just this simple paragraph of verses 15-20, it's not possible for a nation to have bloody and severe civil conflict. Pretty much any domestic conflict that exists has been bred of this not being followed and a ruler either oppressing people and hurting them, or the people having to forcefully remove an oppressive leader. Democracy is said to solve this problem, however, all it does is allow abuse to be justified under the guise of faux civil agreement. We are far far off from recognizing this as the Church of Christ especially in America, but I pray that we will be better advocates for what is right in the future and for protection from the democratically justified opposition that seeks to destroy the Church.