God's Alien Justice (redux)

This is a redux of an earlier post. I added a lot more detail, and refined some of the arguments. So I thought I would re-post this rather than just editing the old one.

Romans 3:21-26 is a key text for proponents of penal substitution. I want to look here at a key term that Paul uses in this passage: the Greek word δικαιοσύνη (dikaiosynē) which can be translated as either "justice" or "righteousness".

Dikaiosynē is the same word the LXX (the Greek translation of the Old Testament used by the authors of the New Testament) uses to translate the Hebrew צְדָקָה (tsedaqah) in the Old Testament, which likewise can be rendered in English either as righteousness or justice. It stands to reason that Paul, being a Hebrew, has the conceptual idea of the Hebrew tsedaqah in mind when he speaks of dikaiosynē in Greek. In other words, his concept of justice/righteousness is based on a conception of justice based on the Bible rather than on a pagan Greek or Roman understanding. In Hebrew, the central word for “justice” is משׁפט (mishpat). Our term tsedaqah in contrast is almost always translated as “righteousness” in the OT. That’s because the connotation of tsedaqah is not justice in the sense of deciding, or in the sense of consequence, but in the sense of goodness. In the OT, tsedaqah justice is an idea rooted in the Character of God, like when we say that a king is “just,” and mean that he is good and fair. In the Old Testament, the concept of tsedaqah has to do with balancing things out again, making things right, in particular with caring for the poor and oppressed. Today, the word tsedaqah justice/righteousness is associated in Judaism with acts of charity, and many Jewish charities are often named “tsedaqah” (modern Hebrew would transliterate this as tzedakah, whereas I’m using the SBL standard for biblical Hebrew here for my transliterations) So tsedaqah justice means restorative justice rather than retributive justice.

This understanding of restorative social justice was key to Martin Luther's breakthrough where he rediscovered the Gospel in Romans. Like everyone else at the time, he had been reading the Bible in Latin, which for several hundred years had been the only translation available. The word for justice in Latin here is iustitia which is the word our own “justice” derives from. In Latin, because of the focus on Roman law, the word iustitia had come to refer to a quid-pro-quo payback justice. So Luther, reading his Bible in Latin had assumed that the passage in Romans 3 was about retributive justice. Today when we read the word Justice often have a similar connotation because of how our society defines justice in this same Jack Bauer payback type of way. A big thing Luther did was to emphasize the importance of reading the Bible in its original languages, an idea he called ad fontes which is Latin for back to the sources. Getting back to the orginal Greek and Hebrew allowed Luther to figure out that the righteousness that Paul was speaking of was so different from the one from his own German-Roman legal based one that he called it an “alien righteousness” (iustitia aliena). It was an idea that turned his world on his head, and led him to re-discover grace. We also need to get back to source of the original terms: the Greek dikaiosynē standing for the Hebrew idea of tsedaqah justice.

With that background in mind, let’s take a look at the passage from Romans 3, keeping in mind the meaning of dikaiosynē as restorative making-things-right justice, and of the related verb dikaios as “making right” as in the idea of righting a wrong.

"But now a loving restoration (dikaiosynē) from God, apart from law, has been made known, to which the Law and the Prophets testify . This loving restoration (dikaiosynē) from God comes through faith in Jesus Christ to all who believe. There is no difference, for all have sinned and fall short of the glory of God, and are set right (dikaioō) freely by his grace through the redemption that came by Christ Jesus. God presented him as the one who would turn aside his wrath, taking away sin through faith in his blood. He did this to demonstrate his loving restoration (dikaiosynē) because in his forbearance he had left the sins committed beforehand unpunished— he did it to demonstrate his loving restoration (dikaiosynē) at the present time, so as to be righteously loving (dikaios) and the one who lovingly sets right (dikaioō) those who have faith in Jesus (Rom 3:21-26).

Or how about this rendering:

"But now a goodness from God, apart from law, has been made known, to which the Law and the Prophets testify . This goodness from God comes through faith in Jesus Christ to all who believe. There is no difference, for all have sinned and fall short of the glory of God, and are made good freely by his grace through the redemption that came by Christ Jesus. God presented him as the one who would turn aside his wrath, taking away sin through faith in his blood. He did this to demonstrate his goodness, because in his forbearance he had left the sins committed beforehand unpunished— he did it to demonstrate his goodness at the present time, so as to be good and the one who makes good those who have faith in Jesus.

In that context, the idea of Christ here “turning away wrath” is not because he is punished, but because he makes us (dikaios) good/righteous. Because Jesus “takes away sin by faith in his blood” we are made good. We are made right again. As a result, God’s wrath is “turned away” because the cause of that wrath was sin, and since sin has been removed, so has the cause of wrath.

In contrast, if the above is read (as it had been by Anselm and so many others in the Latin church who did not have access to the original Greek) as iustitia retributive justice, that one can easily read into the above text the idea of penal substitution. Like this:

But now a righteousness (dikaiosynē) from God, apart from law, has been made known, to which the Law and the Prophets testify. This righteousness (dikaiosynē) from God comes through faith in Jesus Christ to all who believe. There is no difference, for all have sinned and fall short of the glory of God, and are justified (dikaioō) freely by his grace through the redemption that came by Christ Jesus. God presented him as a sacrifice of atonement, through faith in his blood. He did this to demonstrate his justice (dikaiosynē), because in his forbearance he had left the sins committed beforehand unpunished— he did it to demonstrate his justice (dikaiosynē) at the present time, so as to be just (dikaios) and the one who justifies (dikaioō) those who have faith in Jesus”

This is how the NIV translates the passage. Did you notice that they switch terms? Check out the highlighted words: They begin by translating dikaiosynē as “righteousness” and then switch to translating it as “justice”. Even through the Greek word group dikaiosynē, dikaioō, dikaios is the same throughout (all coming form the root word dikē ), they translate the verb dikaioō as justify, and the adjective dikaios as just. This changes how this passage sounds to us. Now it reads as if we are made righteous by God’s demonstration of (retributive) justice which turns aside his wrath. But if we are really paying attention, that is not what is being said.

Really, its not so much a problem with a translation (I usually like the NIV), but much more about ur own concept of what justice is about. In America, with our politicians and TV shows always talking about “bringing someone to justice” in the sense of hurting them, we really need to re-think the alien justice found in the New Testament.

Problems with the Penal System

I'm becoming increasingly aware of how ill equipped our criminal justice system is to deal with many of the problems in our world. One poignant example is the mentally ill. In the 1980's the mental health institutions that had housed people with severe mental illnesses like schizophrenia were shut down, and these people were left to fend for themselves. Large numbers of them now make up the homeless. Because prison is the "institution that can't say no" many of these people end up in jail. Not for commiting crimes, but for basically acting crazy. If you have not seen it yet, there is an excellent Frontline documentary detailing this that you can watch online. They tell the story for example of a man with paranoid schizophrenia who goes into a 7/11 and is arrested for "disturbing the peace", being paranoid he freaks out when the police come and resists arrest. In jail he is uncooperative and "acts up" so in the jail system he is punished by being put in solitary confinement. This of course makes his condition worsen. This escalates until eventually he is is transfered into a maximum security prison all for an original petty crime. Not only is the prison system that is focused on punishing people the wrong place for someone with a mental illness, it is also completely unfair to the people who work there who are not trained to deal with such cases. Imagine how you would feel if someone hurled their own feces at you in a psychotic fit.

I've been reading about other examples of the inadequacy of our penal system as well in "Not for Sale". For example, girls who are kidnapped and forced into sexual slavery are often arrested for solicitation instead of being treated as victims of abuse and rape. Likewise, runaways are commonly put into juvenile detention. Because of this setup when a child sexual slavery ring was discovered, the abused and abducted girls were going to be put into detention cells. Luckily several members of a local church volunteered their homes for the girls to stay in. With this same kind of thinking, people who were trafficked as slaves into the USA are deported, often right back into the hands of those who sold them. The problem is not with the individual people in the criminal justice system. The problem is systemic: the way the institution is set up, it treats these victims as if they were criminals, and does not look for the signs of human trafficking.

The good news is that many people are working to change the system, to offer shelter, mental health services, safe houses, re-integration, rehabilitation programs, vocational training, restorative justice, drug rehab... as well as working for reform in our legal system, training of police to notice signs of modern slavery, and so on. In short, our penal system focused on punishment is slowly moving towards real justice that makes things right.

Part of that does need to involve laws and penalties that will protect children from these predators. Once you start opening your eyes to the hurt in our world, you also find that we humans are capable of profound evil. I don't want to minimize that. But Jesus died for sinners like that, and prayed for those who had just whipped and beaten him bloody and nailed him to a cross "forgive them Father, they know not what they do". Those words become all the more shocking when we really confront the profound evil in our world. We want to hurt back those who hurt others. As a father, I know I do. A parental rage boils within me when I hear such horrific stories of what people do to children. Jesus seems to have had similar feelings. Yet as Paul says in Romans, that part of us the seeks to accuse the evil in others comes back to accuse us as well. We have all been hurt, and we all have hurt others, sometimes profoundly. We need a way to deal with the brokenness and evil in our world and in ourselves that works towards restoration of the broken, including protecting the vulnerable.