Shoftim: Justice

The parsha commands the appointment of  judges and officers: 

שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכׇל־שְׁעָרֶ֔יךָ אֲשֶׁ֨ר יְ

 נֹתֵ֥ן לְךָ֖ לִשְׁבָטֶ֑יךָ וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃

You shall appoint magistrates and officials for your tribes, in all the settlements that the LORD your God is giving you, and they shall govern the people with due justice.

The method of appointment is not specified. Perhaps the book of Judges, the history of Israel after the death of Joshua ( Joshua was the last Divinely appointed leader in the Torah) and before the establishment of the monarchy of Saul and, subsequently David and Solomon, can clarify this issue.  The שֹׁפְטִ֣ים, "Judges" described in that book are the de facto leaders of Israel, people of spirit,  who rise to an occasion ( often a battle)  and bring victory.  The book of Judges ends: 

בַּיָּמִ֣ים הָהֵ֔ם אֵ֥ין מֶ֖לֶךְ בְּיִשְׂרָאֵ֑ל אִ֛ישׁ הַיָּשָׁ֥ר בְּעֵינָ֖יו יַעֲשֶֽׂה׃ 

In those days there was no king in Israel; everyone did as they pleased.

This  rugged individualism  was forbidden  in last week's parsha

לֹ֣א תַעֲשׂ֔וּן כְּ֠כֹ֠ל אֲשֶׁ֨ר אֲנַ֧חְנוּ עֹשִׂ֛ים פֹּ֖ה הַיּ֑וֹם אִ֖ישׁ כׇּל־הַיָּשָׁ֥ר בְּעֵינָֽיו׃ 

You shall not act at all as we now act here, each of us as we please,

This week's parsha gives  instructions on how to behave once Israel has moved on from its nomadic phase, after the destiny has been manifest. There will be a system of centralized justice, administered on a local and regional ( tribal) basis. When travelling, ad hoc decisions, that depend upon rapidly changing circumstances, were needed.  Once the nation settled, a central authority was feasible and  took over.

A centralized system selects the most expert judge as the final authority. It may also include the largest number of opinions.  The  centralized system may also be the most politicized. Who sets the criteria for expertise? Whose opinions are allowed into consideration? In our world ,any opinion  can go viral ( consider the etymology: from the Latin noun virus, meaning "poison"). Large language models and search engines (the source of popular "truth")  will favor the most frequently quoted opinion and are liable to commercial influence. This is how the system evolved. In the parsha we are looking at the seeds. 

The appointment of judges and the establishment of a hierarchy emphasizes the ongoing need for re-interpretation of the laws that were set in stone. The book of Numbers presents examples of the need for resolving confusing aspects. What does one do with a blasphemer?  What if someone gathers sticks on the Sabbath? What are the inheritance rights of women?  In all these cases, Moshe had to reconsult Gd for clarity. Whom can the modern judge consult? Will Gd guide the judge to the right answer in a covert manner?  More likely the answer will advance the Divine plan, and sometimes a judgment is limited to its time.

 Adherence to the decision of the judges is a separate issue, but is (usually) strongly (and physically) encouraged. Such adherence is commanded by the Torah. I am sure this order does not extend to the Nuremberg Laws  or serving in the US Army in Viet Nam.

The end of the parsha, the beheaded heifer of regret over the unsolved  murder, involves an assembly of the judges. It is a declaration of failure of the system. It did not work as intended: 

וְכׇל־הָעָ֖ם יִשְׁמְע֣וּ וְיִרָ֑אוּ וְלֹ֥א יְזִיד֖וּן עֽוֹד׃ {ס}         

all the people will hear and be afraid and will not act presumptuously again.

The elders wash their hands of this unsolved murder. 

וְכֹ֗ל זִקְנֵי֙ הָעִ֣יר הַהִ֔וא הַקְּרֹבִ֖ים אֶל־הֶחָלָ֑ל יִרְחֲצוּ֙ אֶת־יְדֵיהֶ֔ם עַל־הָעֶגְלָ֖ה הָעֲרוּפָ֥ה בַנָּֽחַל׃ 

Then all the elders of the town nearest to the corpse shall wash their hands over the heifer whose neck was broken in the wadi. 

וְעָנ֖וּ וְאָמְר֑וּ יָדֵ֗ינוּ לֹ֤א (שפכה) [שָֽׁפְכוּ֙] אֶת־הַדָּ֣ם הַזֶּ֔ה וְעֵינֵ֖ינוּ לֹ֥א רָאֽוּ׃ 

And they shall make this declaration: “Our hands did not shed this blood, nor did our eyes see it done.

If they are so innocent, why are they washing their hands? They are acknowledging the failure ... and the need to go on.

I live in an age when I feel compelled to have an opinion about how my governments act. They are acting in the name of my people, in my name. I do not have enough information to know the righteous path. I mistrust my sources of information. All I have are feelings.  How should I act?  Will Divine guidance drive me to righteousness... or is that not part of the plan? Striving for  righteousness is all I've got. I will aim for that.