The Foundation of a Peaceful and Just Society
What Does This Mean?
A society that seeks to function successfully must be able to establish a legal framework over itself in order to ensure the observance of its core values. The peace and well-being of its members can be secured only when a just moral code is in place, providing clear standards of conduct. Every nation, every state, every region, and every municipality must have a judicial system to uphold the Noahide Laws. In addition, each society must establish civil laws based on justice, as well as civil courts to adjudicate the civil matters that continually arise in everyday life.
For the benefit of society itself, courts or governments must establish formal boundaries in areas of activity that the Divine Torah leaves to individual choice, provided that such limitations are acceptable to the population as a whole. According to the Noahide Law of Courts, citizens are obligated to observe such civil laws, and courts may impose any (non-lethal) punishment that society as a whole is prepared to accept (on the condition that it is neither cruel nor unusual). This is referred to as going “beyond the letter” of Torah law. For example, a legal system may limit male citizens to having only one wife at a time (including both formally registered and common-law marriages) if it deems this beneficial for society.
Moreover, the well-known Divine standards of moral conduct are also part of His will that the world be “inhabited,” and that human society live in it peacefully and properly in accordance with God’s will. Therefore, the establishment of just laws and a judicial system also falls under the obligation of the descendants of Noah to help bring about a proper society in the world—one that operates according to the will of God and refrains from doing what the Jewish Scriptures (the authentic Divine revelation) call an abomination in the eyes of God. This applies regardless of whether a person who commits such an abomination is subject to punishment under the codified Noahide Law.
Even though at times—such as in the present era—there may be no courts that explicitly follow the Noahide Laws, nevertheless every non-Jew is obligated to believe in and observe the Seven Noahide Laws. One who strives to convey them to others is especially praiseworthy, as is one who upholds these laws within his own environment, thereby bringing society closer to fulfilling both the letter and the spirit of the Noahide Laws.
Biblical Sources
God commanded Noah to judge and punish a murderer, as it is written in Bereishit 9:6: “Whoever sheds the blood of man, by man shall his blood be shed…” This verse refers to the Noahide Law concerning the prosecution of a murderer.
This is explained by the sages of the Talmud as follows: “Whoever sheds the blood of man” (that is, the murderer), “among men” (that is, a criminal case must be brought against him in court on the basis of valid testimony), “by man shall his blood be shed” (if he is found guilty, he is to be sentenced by the court to death). According to the Noahide Code given through Moses at Sinai, non-Jews are also obligated to bring other violators of the Noahide Laws to justice.
Certain Details and Rules
- The authorities are obligated to establish oversight over the courts in order to ensure the appointment of qualified and experienced individuals as judges, as well as to prevent corruption and injustice. In addition, the authorities have the right to establish a system of appellate and higher courts.
- Every person is obligated to comply with a properly issued judicial ruling. A private individual is forbidden to judge and sentence others (to take the law into his own hands). Any legal matter must be brought before the court that has proper jurisdiction over it.
- In the courts of the descendants of Noah, standard forms of evidence are accepted.
- In cases where the law allows for the death penalty, the testimony of a person who violates any of the Noahide Laws is not admissible.
- All judges are obligated to render just decisions. Both sides of a dispute must be treated equally in all respects.
- It is forbidden to give a bribe to a judge, and a judge is forbidden to accept a bribe.
- In civil matters, one should strive for arbitration, mediation, or other means that can lead to compromise or a peaceful resolution.
- If the majority of society does not fear God and does not observe all Seven Noahide Laws, the court may resort to the death penalty only as a governmental measure intended to protect society from the most dangerous criminals, such as murderers.
