Shoftim: The Justice(s)

The parsha instructs the establishment of several systems of government: civil judges and police, a royalty, priests and prophets.  All of these entities are sources of law, certified by the Divine imprimatur.  But the type of law that emanates from these sundry entities is expected to vary greatly. 

The Torah recognizes a pre-Sinai civil law. When the Israelites traveled to Midian after the Exodus, Jethro noted that Moshe judged them, alone, all day. In the context of this story, the Torah served the function of   a text that could be used by the people and lesser judges.  The text of the  law came into the public domain.  The individual judge could not make and arbitrary decision, he had to conform to the publicly available law.  The written  law could seem arbitrary, but it was the same for all.

Royalty presents a new authority with the right to issue laws.  The Torah presents  this king as an elected official, someone chosen from the ranks.  Historically, we understand that the royal house was chosen, not each individual king.  But it is clear that certain egregious behaviors could lose the kingdom because of their unpopularity.

The priests, the administrators of Ecclesiastical law, the laws of the temple service, ritual purity, maintaining a status that is pleasing to Gd, represents another  type of law.  This is a law that has limited human input.  It is a challenge to human understanding.

The prophet, ethical leader of the people, provides the ladder for the individual and the people as a whole, to ascend.  Her law is guidance toward the better.

These various approaches could come into conflict.  In our day we live under a variety of sources of law; federal, state, local, IRS, homeland security, etc The contradictions resolve

Now we know which law transcends.  It is the law of the trained conscience.