Justice - Saturday Morning Text Study - D'varim

(טז) וָאֲצַוֶּה֙ אֶת־שֹׁ֣פְטֵיכֶ֔ם בָּעֵ֥ת הַהִ֖וא לֵאמֹ֑ר שָׁמֹ֤עַ בֵּין־אֲחֵיכֶם֙ וּשְׁפַטְתֶּ֣ם צֶ֔דֶק בֵּֽין־אִ֥ישׁ וּבֵין־אָחִ֖יו וּבֵ֥ין גֵּרֽוֹ׃ (יז) לֹֽא־תַכִּ֨ירוּ פָנִ֜ים בַּמִּשְׁפָּ֗ט כַּקָּטֹ֤ן כַּגָּדֹל֙ תִּשְׁמָע֔וּן לֹ֤א תָג֙וּרוּ֙ מִפְּנֵי־אִ֔ישׁ כִּ֥י הַמִּשְׁפָּ֖ט לֵאלֹהִ֣ים ה֑וּא וְהַדָּבָר֙ אֲשֶׁ֣ר יִקְשֶׁ֣ה מִכֶּ֔ם תַּקְרִב֥וּן אֵלַ֖י וּשְׁמַעְתִּֽיו׃

(16) I charged your magistrates at that time as follows, “Hear out your fellow men, and decide justly between any man and a fellow Israelite or a stranger. (17) You shall not be partial in judgment: hear out low and high alike. Fear no man, for judgment is God’s. And any matter that is too difficult for you, you shall bring to me and I will hear it.”

Symbol on Lady Justice: Scales

THE SCALES represent that Lady Justice carefully weighs the claims of each side. They are referred as the ‘scales of justice’. Each scale presents a measure of evidence. Therein each scale or dish also has inscribed symbols. On the top side of one dish, a dove represents good claims; on the bottom side of that dish is a Gemini symbol representing the witnesses, claims of “he said, she said”; on the top side of the other scale a snake represents bad claims; on its bottom side is the symbol of a linen scroll page which represents written laws or facts; and next to the scroll symbol is a knife, to represent weapons or instruments used in the claim. The design of the scales of justice and designs on the dish scales are researched from pre-Christianity and can be found both on the ancient red vase paintings and in sculpted stone reliefs of the time Themis was in vogue.

"Within Jewish law, however, ' hearing' means even more. If, for instance, one appearing before a judge wishes to bring more evidence or enlarge one's arguments, one must be permitted to do so. A judge must be patient even if the parties are long-winded or the case is tedious. Disputants must not be cut off; they should be heard to the end without intermission. The judge should also ask questions, seeking to 'go behind words' and 'get the truth.' 'Hearing' means paying attention to nuances, inflections, and possible manipulations of facts." -- Fields, 10

Symbol on Lady Justice: Sword

THE SWORD … represents the enforcement measures of Lady Justice. It means Themis stands ready to obligate faithfulness to her decision of reason and justice by both parties. Here Barrera’s Justicia holds a sword that is oversized to her body proportion as the swords’ size symbolizes a very important facet of justice, respect. In Barrera’s composition the sword is barely held by Themis’ right hand but is very closely positioned to her body. Thus she does not reign by fisted threat or fear of use of a weapon but instead she rules and openly exhibits she is prepared to get respect. The design of the Barrera sword is period appropriate (700 to 300 B.C) to the time of Themis and is known as a hoplite sword, commonly used by the Greek citizen soldier.

(יז) לא תגורו מפני איש. לא תיראו דבר אחר לא תגורו, לא תכניס דבריך מפני איש. לשון (משלי י, ה) אוגר בקיץ:

לא תגורו מפני איש means: YE SHALL NOT FEAR [ANY MAN].

Another explanation: Ye shall not gather in (shall not restrain) your words before any man. (i.e. you should not fear anyone when you are ready to announce your decision).

Symbol on Lady Justice: Blindfold

THE BLINDFOLD … today probably her most famous symbol - it first appeared in the fifteenth century. The blindfold represents decisions of objectivity and/or impartial decision or decision not influenced by wealth, politics, popularity or infamy etc. Here the composition of sculptor Barrera offers the blindfold with a slight space under the eyes where it could be implied that Justice may have peeked and not been impartial. This device is merely an insight for humor to match post rulings conversations of alleged unfavorable outcomes or unhappy experiences.

(יז) כקטן כגדל תשמעון. שיהא חביב עליך דין של פרוטה כדין של מאה מנה, שאם קדם ובא לפניך לא תסלקנו לאחרון [לאחריו] דבר אחר כקטן כגדל תשמעון, כתרגומו, שלא תאמר, זה עני הוא וחברו עשיר ומצוה לפרנסו אזכה את העני ונמצא מתפרנס בנקיות. דבר אחר שלא תאמר היאך אני פוגם כבודו של עשיר זה בשביל דינר, אזכנו עכשיו, וכשיצא לחוץ אומר אני לו, תן לו שאתה חיב לו:

כקטן כגדל תשמעון YE SHALL HEAR THE SMALL AS WELL AS THE GREAT, i.e. that a lawsuit regarding a peruta shall be as dear to you (shall be as of equal importance) as a lawsuit regarding a hundred maneh — that if it (the former) comes before you first, you should not set it aside until the last (Sanhedrin 8a).

Another explanation — Understand it as the Targum has it: Ye shall hearken unto the words of the small as to those of the great — i.e. that you should not say: This is a poor man and his fellow (opponent) is rich, and is in any case bidden to support him; I will find in favor of the poor man, and he will consequently obtain some support in a respectable fashion (see Rashi on Leviticus 19:15).

Another explanation is: that you should not say, “How can I offend against the honor of this rich man because of one dinar? I will for the moment decide in his favor, and when he goes outside (leaves the court) I will say to him, ‘Give it to him because in fact you owe it to him'" (Siphre).

"In commenting on the difficult burden of making judgments, the early rabbis, many of whom were presiding court judges, compare the responsibility to dealing with fire. 'If you come too close, you will be burnt; if you stray too far, you will be cold. The art of making judgments is finding the right distance.'" Fields, 99

All of the text under the headings of Symbol on Lady Justice comes from The Lady Justice Story: Fountain at the Bexar County Courthouse, by Gilbert E. Barrera