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Unrighteous Legislation

And ultimate accountability

  —William O. Einwechter | | April 01, 2001



“Woe unto them that decree unrighteous decrees, and that write grievousness which they have prescribed; to turn aside the needy from judgment, and to take away the right from the poor of my people, that widows may be their prey, and that they may rob the fatherless!” (Isa. 10:1-2).

This text from Isaiah is part of an oracle of judgment against the Northern Kingdom of Israel (Isa. 9:8—10:4). Four specific sins are singled out for reproof by the prophet: 1) national pride and arrogance; 2) corrupt ness of leaders who have led the people astray; 3) civil strife and cruelty; and 4) oppression of the people by civil magistrates through unrighteous legislation. This article will explore the charge against the magistrates and its relevance for today.

Interpretation of Isaiah 10:1-2

The word of the Lord to the magistrates of Israel begins with a declaration of “woe.” This word is an interjection that expresses dissatisfaction or pain. It is sometimes used of lamentation, but often in the prophetic literature it selves to introduce a warning of impending judgment. The oracle of woe expresses God’s extreme dissatisfaction with the conduct of those being addressed and announces His intention to punish them for their sin. Thus, the magistrates of Israel are put on notice that their conduct in office has excited the wrath of God. What is it that they have done?

First, they have abused the power of their office by writing laws that bring hardship, trouble, and vexation to the people. The text states that they “decree unrighteous decrees.” The verb “decree” refers to the action of enacting civil laws and statutes. It comes from a root that means to cut, chisel, or inscribe, and it reflects the practice of ancient rulers of having the laws of the land inscribed on a stele (a standing stone or vertical slab. e.g., the Code of Hammurabi).

The word “unrighteous” (awen) is a general term for evil in the Old Testament, and is often translated “iniquity.” Interestingly, this particular word appears to derive from the same root as the Hebrew word for “power”; consequently, it has been suggested that awen may highlight the abuse of power, and the consequent harm and destruction that this so often brings (New International Dictionary of Old Testament Theology and Exegesis, 1:310). This may account for the use of awen in contexts, such as Isaiah 10:1, that refer to political misconduct (Ps. 94:23; Isa. 3l:2 59:4) and the abuse of power (Ezek. 11:2; Micah 2:1). The word “decrees” is the noun form of the verb translated “decree” and it speaks of civil laws and statutes.

These magistrates are also said to “write grievousness.” This means that they put laws into writing that are grievous to the people under their jurisdiction. The Hebrew word “grievousness” (‘amal) often refers to the results of evil acts—the trouble, sorrow, and pain that these lawless acts cause. In Psalm 94:20, the government of wicked rulers is called a “throne of iniquity” because such an administration “frameth mischief by a law.” The word translated “mischief” is the same Hebrew word (‘amal) that is rendered “grievousness” in Isaiah 10:1. Thus, Isaiah and the psalmist are speaking of the same kind of rulers—men who abuse their power by enacting laws that bring grief and misery to the people.

Second, these magistrates do not uphold the legal rights of the citizens. The text says that they “turn aside the needy from judgment,” meaning that they deviate from the path of duty assigned to judges and rulers by God. They do not act impartially and strive for justice. The term “judgment” indicates a person’s legal rights, the justice due them. The “weak” signifies those of low estate who do not have the means to properly de fend themselves or to curry favor with corrupt judges. Because of the vulnerable position of the poor, God especially charges magistrates to defend their rights and make sure they receive impartial judgment.

Third, the rulers of Israel were using their office to plunder the people they governed. Isaiah says that widows are their “prey” and that they “rob the fatherless.” The term “prey” refers to spoil and plunder—the booty of war—while the verb “rob” points to the action of gathering the spoils of war. These magistrates were at war with their own people! They were like an invading army that plunders its defeated foe. Again, the weak, personified in the widow and orphan. are the object of their crimes.

In the verses directly following the indictment of these rulers, their sure judgment is foretold (Isa. 10:3-4). God’s wrath will bring about their destruction; hut even that will not turn His anger away. Thus they face both temporal and eternal judgment for their grievous per version of the office of civil magistrate.

Application of Isaiah 10:1-2

The following applications can be made from this text:

  1. The same woe is pronounced upon any magistrate or magistrates pervert the office of civil ruler The Lord has established the office of civil ruler and defined the duties of the office. When men who hold the office, in any place or time, corrupt it, God is extremely dissatisfied with them and they fall under His curse.

  2. The authority to legislate and decide cases in the civil sphere is from God and must not be abused. The authority to legislate is from God, who is the King and supreme Lawgiver for all men. Thus magistrates must not act autonomously but in strict submission to the law of God when they establish the laws that will govern those under their jurisdiction. As in Israel, this authority is greatly abused by civil magistrates today. Most give no thought (except hostile ones) to the law of God and set them selves up as gods, defining for them selves and others what is good and evil.

  3. The magistrate is responsible to defend and protect the God-given rights of citizens. This was once understood in the Christian West, but no more. Rights, we are told, are determined by the state, and the duty of the magistrate is to defend the interests of the state.

  4. The overriding concern of magistrates is justice for all. This is their calling! But the overriding concern of most magistrates today seems to be holding onto political power. Also, they have little conception of the nature of true justice. and so the “justice” they are concerned about is mostly partial, socialistic, and humanistic.

  5. Laws that are contrary to God’s law wreak havoc and misery on a society. God’s law is “the perfect law of liberty.” When God’s law is the basis of a society’s laws there will be freedom, prosperity, and justice. But today we suffer, as they did in Isaiah’s day, under the “grievousness” of unbiblical laws and regulations.

  6. Laws that plunder the wealth of the citizens are evil. The rights of property are granted by God and ought to be vigorously defended by the state. But in our sad day, as it was in Israel, the state is the primary agent of plunder. The state is at war with its own citizens, sending its agents to exact “lawful taxes” which are excessive, oppressive, destructive. and for purposes not sanctioned by God. This evil has been accurately described as “legal plunder.”

  7. Laws that strip the weak and needy of their rights are particularly offensive to God. What more telling example of the failure to protect the weak is there than the laws that turn unborn children over to he murdered by an abortionist? The unborn have been stripped of their right to life by the laws of man. God is angry!

  8. Magistrates who abuse their authority through unrighteous legislation face judgment both in this life and beyond the grave. Magistrates who pervert their office will not escape God’s sanctions. They will suffer in this life, and have to give full account in the next.

  9. A society that countenances evil magistrates is ripe for destruction. The fact that most of the men who now sit in the seats of civil power have been put there by the choice of the voters means that we are as corrupt and accountable as they are. Truly, the oracle of judgment in Isaiah 9:8—10:4 describes the sins of our time; and unless we repent, our fate will be the same as the northern kingdom of Israel.