Judgments

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Judgements

What was the sin in the camp of the golden calf? Was it idolatry? Is Idolatry covetousness?[1]
They were setting up covetous practices, a partially common purse, a central treasury, that could lead to the Corban of the Pharisees and a returning to Egypt and the way Nicolaitans as all socialist states do.
God endowed man with choice and the power to choose.[2]
We call that individual power of choice rights and liberty.
If we give that choice to others or the power to make choices for us, then we mock God. When the people put their wealth in this institution, this reserve fund set up by Aaron they no longer had direct power of choice over that wealth God had given them when they left the bondage of Egypt.


The word judgement[3] shows up 125 times in the Biblical text 36 of which are found in the Torah. They are not all translated from the same Hebrew word.

Exodus 6:6 "Wherefore say unto the children of Israel, I [am] the LORD, and I will bring you out from under the burdens of the Egyptians, and I will rid you out of their bondage, and I will redeem you with a stretched out arm, and with great judgments[4]:"
Exodus 7:4 "But Pharaoh shall not hearken unto you, that I may lay my hand upon Egypt, and bring forth mine armies, [and] my people the children of Israel, out of the land of Egypt by great judgments[4]."

In these two verses we see the word judgment is from the shephet (שֶׁפֶט)[4]‎ meaning judgment, act of judgment from shaphat (שָׁפַט‎)[5] to judge.

But later in Exodus we see a different word also translated judgement:

Exodus 21:1 "Now these [are] the judgments[6] which thou shalt set before them."
Exodus 24:3 "And Moses came and told the people all the words of the LORD, and all the judgments[6]: and all the people answered with one voice, and said, All the words which the LORD hath said will we do."

In these two verses we see the word judgment is from the mishpat(מִשְׁפָט‎)[6]‎ meaning judgment, justice" but is translated numerous different way. It can represent a "court" but "a process, procedure, litigation". Basically it is "case"" or a previous " decision (of judgment). But it is also from shaphat (שָׁפַט‎)[5] to judge.

Moses was setting up a system of people's courts. These are the "judgments" or as we see in the Hebrew text the full word is hammišpāṭîm (הַמִּשְׁפָּטִ֔ים) HeyMemShinPeiTetYodMem.

These are not king's courts but cases are decide on the very local level where the people need to decide each case with an examination of the facts of the case and the precepts of the law and how it is applied.

Moses will jump start the court system with 613 judgements and guidelines, statutes[7] and ordinances. Are these judgements a list of codified laws which bind the conscience of the people or are they examples and comments concerning principles and precedent of prior cases?

The people were the fundamental interpreters of the law with a right of appeal to a network of men who did not go up by steps but already served the people through a system of charitable service to the people.

A major change to what had been the earlier Hammurabi codification of law was replacing the human king with Yahweh as lawgiver. But that same lawgiver would need to write upon the heart and mind of people who were not accustomed to living at the expense of their neighbor nor instituting force and violence in covetous practices.

The people's courts were not appointed from the top down like many systems today, nor are they dependent upon a legislature to make law daily nor supreme judges who decide good and evil. The people must attend to the Weightier matters of the law, judgment, mercy, and faith which include caring for the needs of our neighbors and the widows and orphans of our society through Pure Religion in matters of health, education, and welfare. We are NOT to provide for the needy of society through the Covetous Practices and the men who call themselves benefactors but who exercise authority one over the other like the socialists do.

The Way of Christ was like neither the way of the world of Rome nor the governments of the gentiles who depend on those fathers of the earth through force, fear and fealty who deliver the people back in bondage again like they were in Egypt. Christ's ministers and true Christians do not depend upon systems of social welfare that force the contributions of the people like the corban of the Pharisees which made the word of God to none effect. Many people have been deceived to go the way of Balaam and the Nicolaitan and out of The Way of Christ and have become workers of iniquity.

The Christian conflict with Rome in the first century Church appointed by Christ was because they would not apply to the fathers of the earth for their free bread but instead relied upon a voluntary network providing a daily ministration to the needy of society through Faith, Hope, and Charity by way of freewill offerings of the people, for the people, and by the people through the perfect law of liberty in Free Assemblies according to the ancient pattern of Tuns or Tens as He commanded.

The modern Christians are in need of repentance.


"Follow me!" —Jesus the Christ.


Or there will be no justice or mercy.

Precedent

A precedent is a principle or rule established in a previous legal case relevant to a court, jury, or other tribunal when deciding subsequent cases with similar issues.

According to Cornel Law University the term precedent is:

"Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts."

Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues.

Precedence means “priority of importance,” as in “Their request takes precedence because we received it first.” Precedent means “an earlier occurrence” or “something done or said that may serve as an example.” [9]

Precedent was not a product of the legislature nor the king nor his codification of law but was drawn from the conscience of society. While statutes as product of the legislature may apply in the decision of the court in some jurisdictions the ultimate protection for the "weightier matters of the law, judgment, mercy, and faith:" is the God given conscience of man through Jury nullification.

"COMMON LAW. That which derives its force and authority from the universal consent and immemorial practice of the people. See Law, common."[10]

Common Law, also known some times as case law, relies on detailed records of similar situations or precedent, and statutes, if available, because there is no official legal code that can apply to a case at hand.

Generally, there are two types of legal precedents: Binding precedent – Precedent that a court must abide by in its adjudication of a case. Persuasive precedent – Precedent that a court may, but is not required to, rely on in deciding a case. At the original Common Law there was only the latter for their was no king before Cain and Nimrod. There is also terms like Custom and Case law used to describe known precedent.


Bouvier Law Dictionary

PRECEDENTS. the decision of courts of justice; when exactly in point with a case before the court, they are generally held to have a binding authority, as well to keep the scale of justice even and steady, as because the law in that case has been solemnly declared and determined. 9 M. R. 355.

2. To render precedents valid, they must be founded in reason and justice; Hob. 270; must have been made upon argument, and be the solemn decision of the court; 4 Co. 94; and in order to give them binding effect, there must be a current of decisions. Cro. Car. 528; Cro. Jac. 386; 8 Co. 163.

3. According to Lord Talbot, it is "much better to stick to the known general rules, than to follow any one particular precedent, which may be founded on reason, unknown to us." Cas. Temp. Talb. 26. Blackstone, 1 Com. 70, says, that a former decision is in general to be followed, unless "manifestly absurd or unjust,", and, in the latter case, ii is declared, when overruled, not that the former sentence was bad law, but that it was not law.

4. Precedents can only be useful when they show that the case has been decided upon a certain principle, and ought not to be binding when contrary to such principle. If a precedent is to be followed because it is a precedent, even when decided against an established rule of law, there can be no possible correction of abuses, because the fact of, their existence renders them above the law. It is always safe to rely upon principles. See Principle; Rewon. de 16 Vin. Ab. 499; Wesk. on Inst. h. t.: 2 Swanst. 163; 2 Jac. & W. 31; 3 Ves. 527; 2 Atk. 559; 2 P. Wms. 258; 2 Bro. C. C. 86; 1 Ves. jr. 11; and 2 Evans Poth. 377, where the author argues against the policy of making precedents binding when contrary to reason. See also 1 Kent, Comm.475-77; Liv.Syst. 104-5; Gresl. Ev. 300; 16 Johns. R. 402; 20 Johns. R. 722; Cro. Jac. 527; 33 H. VII. 41; Jones, Bailment, 46; and the articles Reason and Stare decisis.

Stare decisis

Latin for "to stand by things decided." Stare decisis is essentially the doctrine of precedent. Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. Generally, courts will adhere to the previous ruling and prior judgements, though this is not universally true, there is a long history in Common Law and in Natural law it is real since man is endowed by God with rights including the right of self defense even from the court.

When we say the court we mean those jurists that have the right to decide fact and law with the power of nullification.


Footnotes

  1. Covetousness is idolatry
    Colossians 3:5 "Mortify therefore your members which are upon the earth; fornication, uncleanness, inordinate affection, evil concupiscence, and covetousness, which is idolatry: 6 For which things’ sake the wrath of God cometh on the children of disobedience:"
    Ephesians 5:5 "For this ye know, that no whoremonger, nor unclean person, nor covetous man, who is an idolater, hath any inheritance in the kingdom of Christ and of God."
    1 Corinthians 5:10 "Yet not altogether with the fornicators of this world, or with the covetous, or extortioners, or with idolaters; for then must ye needs go out of the world. 11 But now I have written unto you not to keep company, if any man that is called a brother be a fornicator, or covetous, or an idolater, or a railer, or a drunkard, or an extortioner; with such an one no not to eat."
  2. "Freedom is the Right to Choose, the Right to create for oneself the alternatives of Choice. Without the possibility of Choice, and the exercise of Choice, a man is not a man but a member, an instrument, a thing.” Archibald MacLeish
  3. In US English, “judgment” (no “e”) is the only correct spelling. In UK English, “judgement” (with an “e”) is standard, but “judgment” is used in legal contexts.O8201 shephet, 04941 mishpat,
  4. 4.0 4.1 4.2 08201 שֶׁפֶט‎ shephet [sheh’-fet] from 08199; n m; [BDB-1048a] [{See TWOT on 2443 @@ "2443a" }] AV-judgment 16; 16
    1) judgment, act of judgment
  5. 5.0 5.1 08199 ^טפשׁ^ ShemPeiTet shaphat \@shaw-fat’\@ a primitive root; v; {See TWOT on 2443} AV-judge (v) 119, judge (n) 60, plead 11, avenged 2, condemn 2, execute 2, judgment 2, defend 1, deliver 1, misc 3; 203
    1) to judge, govern, vindicate, punish
    1a) (Qal)
    1a1) to act as law-giver or judge or governor (of God, man)
    1a1a) to rule, govern, judge
    1a2) to decide controversy (of God, man)
    1a3) to execute judgment
    1a3a) discriminating (of man)
    1a3b) vindicating
    1a3c) condemning and punishing
    1a3d) at theophanic advent for final judgment
    1b) (Niphal)
    1b1) to enter into controversy, plead, have controversy together
    1b2) to be judged
    1c) (Poel) judge, opponent-at-law (participle)
  6. 6.0 6.1 6.2 04941 ^טפשׁמ^ MemShinPeiTet mishpat \@mish-pawt’\@ מִשְׁפָּט has 50 different variations and appears some 420 times and is from the three letter Hebrew word 08199 טפשׁ; n m; {See TWOT on 2443 @@ "2443c"} AV-judgment 296, manner 38, right 18, cause 12, ordinance 11, lawful 7, order 5, worthy 3, fashion 3, custom 2, discretion 2, law 2, measure 2, sentence 2, misc 18; 421
    1) judgment, justice, ordinance
    1a) judgment
    1a1) act of deciding a case
    1a2) place, court, seat of judgment
    1a3) process, procedure, litigation (before judges)
    1a4) case, cause (presented for judgment)
    1a5) sentence, decision (of judgment)
    1a6) execution (of judgment)
    1a7) time (of judgment)
    1b) justice, right, rectitude (attributes of God or man)
    1c) ordinance
    1d) decision (in law)
    1e) right, privilege, due (legal)
    1f) proper, fitting, measure, fitness, custom, manner, plan
    See Deuteronomy 25
    • מ ם Mem Fountain of water, a flow, a fountain of the Divine Wisdom [massive, overpower chaos] (Numeric value: 40)
    • ש Shin Eternal Flame of Spiritual Revelation, bound to the coal of righteousness, the Divine Essence. [sun... teeth... consume destroy] (Numeric value: 300)
    • פ ף Pei Communication: The Oral Torah The mouth, blow, edge. [Mouth speak open word] (Numeric value: 80)
    • ט Tet Introversion - The Concealed power of good or paradoxically evil [to twist a snake... wheel To surround (gestation)] (Numeric value: 9)
  7. Template:2706
  8. Matthew 20:25-26 But Jesus called them unto him, and said, Ye know that the princes of the Gentiles exercise dominion over them, and they that are great exercise authority upon them. But it shall not be so among you: but whosoever will be great among you, let him be your minister;
    Mark 10:42-43 But Jesus called them to him, and saith unto them, Ye know that they which are accounted to rule over the Gentiles exercise lordship over them; and their great ones exercise authority upon them. But so shall it not be among you: but whosoever will be great among you, shall be your minister:
    Luke 22:25-26 And he said unto them, The kings of the Gentiles exercise lordship over them; and they that exercise authority upon them are called benefactors. But ye shall not be so: but he that is greatest among you, let him be as the younger; and he that is chief, as he that doth serve.
  9. Precedent vs. Precedence | Merriam-Webster
  10. Bouvier Law Dictionary


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