The Torah admonishes judges to judge the facts before them. It is known that in many countries where the courts are perceived to be biased fall apart for that very reason.
Justice Is the Foundation of a Society
Now for a quick D’var Torah.
This week’s parsha, Shoftim, is one of the most interesting portions of the Torah because it reminds us what Moshe is trying to accomplish as the Jewish people prepare to enter the Land of Israel.
The forty years in the wilderness were not merely about getting from Egypt to Israel. They were about preparing a people who had been slaves to become a nation capable of governing itself. Much of Sefer Devarim—Deuteronomy—is Moshe’s final lesson in how to build a just society.
And Shoftim begins with one of the foundations of such a society: justice.
The Torah commands:
“Justice, justice shall you pursue.”
Why is justice so important?
Because when people lose confidence in the justice system, eventually they lose confidence in society itself.
We can see this throughout the world. There are countries blessed with tremendous natural and human resources that nevertheless remain poor because corruption has become part of everyday life. People do not trust the courts. They do not trust the government. Eventually, they begin to believe that the only way to succeed is to cheat the system.
Once cheating becomes normal—whether in business, taxes, government, or everyday dealings—the entire society begins to suffer. If everybody believes everybody else is cheating, then being honest starts to look foolish.
The Torah demands something different.
A judge cannot favor someone because he is wealthy or powerful. But neither may a judge favor someone simply because he is poor and deserving of sympathy. The question before the court must be: What are the facts, and what does the law require?
Justice cannot depend upon your social position.
There is an interesting parallel in sports. Players generally like having a system in which certain calls can be challenged or reviewed. Officials can make mistakes—they are human—but the knowledge that a decision can be reviewed helps maintain confidence in the system.
Baseball great Derek Jeter once made essentially this point about umpires: they are going to make mistakes, but the important thing is that those mistakes are not deliberately favoring one team over another.
That distinction matters.
We do not expect judges—or umpires—to be perfect. We expect them to be fair.
You may walk out of court unhappy because you lost your case. But there is an enormous difference between saying, “I lost because the facts and the law were against me,” and saying, “I lost because the judge was bought, biased, intimidated, or influenced by who the other person was.”
The first preserves society. The second destroys trust in it.
And that is why this lesson appears as the Jewish people are preparing to enter the Land of Israel. Moshe is not merely teaching individuals how to behave. He is teaching a nation how to govern itself.
If we want a society that lasts, its judges must rise above wealth, poverty, influence, friendship, sympathy, and personal opinion. Justice must be based upon the facts of the case and the law.
A society can survive an occasional mistake.
What it cannot survive for long is the belief that justice itself is for sale.
Something to think about.
