by jimwalton » Sun Apr 12, 2020 4:11 pm
You'll have to explain your question. The only time the Israelite tribes were told to kill was when they were taking back the land that was theirs. Other than the Conquest, Israel never fought offensive wars by the command of God. Even in the Conquest, most of their battles were defensive. They entered the land and conquered Jericho and Ai, and were promptly attacked by a coalition of kings from the south. They defended themselves and won, and inherited all those cities. Then they were attacked by a coalition of kings from the north, and won, and inherited those cities. Later David waged wars against the Philistines so Israel could have the whole land that had been theirs to begin with. After that no more wars except when they were defending themselves.
So you need to be more explicit about what ancient tribes, and what killing?
Or do you mean capital punishment? If that's what you mean, I know this is a highly volatile issue, with more and more people all the time wanting to abolish it, but I think it still has its place. I know that there are many people who think it has no place in a civilized society, but I think there’s still warrant for it, and I want to explain my reasoning so we can dialogue.
People claim that it doesn’t work as a deterrent, and statistics seem to verify that that’s true. But the true point of capital punishment is not deterrence, but instead society's appropriate response to horrific crime.
Right now we have only two tools in our box: community service or incarceration. We use longer terms of incarceration for worse crimes until we get into the ridiculous: 3 life sentences, 4 life sentences, as if we’re going to keep their corpse in the jail for an extra 250 years to really teach them a lesson they’ll never forget. It's obvious even to a casual observer that the judge believes something other that lifelong incarceration is warranted.
Some people say it's just barbaric cruelty to vindictively snuff out someone's life because they killed someone else. I say that if we refuse to do that, we are at the same time saying the victim's life wasn't that important—that the life of the perpetrator has more value than the life of the victim, and I don't agree. What I think is barbaric is letting the criminal have the rest of his life when the victim has been deprived of that. There's something very unjust in that.
Instead, I think we all agree that Adolf Hitler and his generals and the guys who ran the extermination camps honestly deserve to die for their horrific war crimes So also Josef Stalin for murdering 25 million of his own people. These are absurd abuses of power and horrific crimes against humanity that incarceration doesn't address.
There's an old story that's sort of joke but not a joke at all. A man says to a woman, "Will you sleep with me for $10 million?" She says, "Of course." He says, "Will you sleep with me for $1M?" She says yes. Little by little he reduces the price until she is getting annoyed and even offended, until in her frustration she says, "No! What do you think I am?" The man says, "We established that at the first offer. Now we're just negotiating a price."
If people like Adolf Hitler, Josef Stalin, Idi Amin, Pol Pot, or Joseph Koney show us that capital punishment is legitimate, what about a person who traffics children into sex slavery? What about the man who sexually abuses children and then murders them? What about the man who rapes and dismembers women? What about a man who walks into an elementary school and murders little children and their teachers in cold blood?
I know eventually you're going to say, "Hey, hey, wait a minute." But my point is this: We've already established that capital punishment has its place. What’s left for us is to negotiate its proper application.
Cautions against people being unjustly executed are extremely valid, which is why our legal system uses every tool available, especially now DNA analysis along with other sciences and forensic tools, to get it right.
When we outlaw the death penalty, we are telling the murderer, the rapist, and the trafficker that no matter what they do to innocent people and to what extent, the State will protect their lives. We guarantee it in advance: Whatever you do, we will value you and protect you. It's a backwards way of thinking that a society values the lives of its worst offenders more than the most innocent of its people.
In a society such as ours, we are going to run into areas of conflicting values. I've previously had the discussion of the conflicting rights of LGBTQ vs. religious freedom. Both sides have rights, and our society has to choose one of them. It's not that the rights of one group matter and the other don’t, but more that we have to decide which rights supersede the others for the good of society. To me it's the same with the capital punishment issues. The victim's life had intrinsic value, as does the life of the perpetrator. We have to decide which one we’re going to legislate to protect. In my opinion, if we show that the life of the criminal has more worth than the life of his innocent victim, we have turned both sense and morality on its head and made a terrible mistake.
So, what about capital punishment in the ancient world for what was considered to be sexual offenses? Walton writes (in his book The Lost World of the Torah): "We can conclude neither that capital punishment is acceptable nor that it is unacceptable to God based on the Torah. The Torah reflects how capital punishment is integrated into society when capital punishment is viewed as a legitimate recourse (number of witnesses, cities of refuge). Order in the ancient world, and even covenant order, employed capital punishment, but that does not supply any sort of universal guidance for structuring society and the criminal system, or for understanding the nature of God. Covenant order is about enhancing the reputation of YHWH in accordance with the perceptions of the ancient world. ... The Torah was designed to promote a particular understanding of order, not an absolute morality or an ideal way of thinking. Most of the sexual ethics of the Torah had to do with what was perceived to bring order throughout the ancient world. This order prohibited incest as well as uncontrolled sexual relations, either outside of marriage or inside, because they jeopardized the paternity of resulting children, an important concern since marriage and children related to clan relationships. With polygamy being an option, it also provided a deterrent to male promiscuity; if a man had sexual relations with an unmarried woman, he would be required to take her as an additional wife, which would tax his resources. All of these stipulations preserved order as it was understood in the Israelite (and ancient) institution of arranged marriages, which were perceived as clan alliances."
I hope that helps, but we can talk about it more.