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Proximalism · A reader
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Contents

Part II Jurisprudence of Proximity and Verification

Chapter 7Restitution, Moral Restoration, and the Boundary of Malice

Dismantling the Carceral State, Self-Funding Confinement, and Institutional Safeguards for High-Trust Communities

Essay

The Luxury of Modern Morals: Why We Misread Old Testament Law

Decoding Bronze Age Justice, Covenant Curses, and the Radical Restraint of Mosaic Civil Code

Modern readers bring an unexamined luxury to ancient texts: the cushion of the safest, least violent era in human history.

When a twenty-first-century critic scrolls through the Old Testament, judging Bronze Age civil codes against contemporary human rights charters, a massive historical disconnect occurs. We view the ancient world through a lens conditioned by centuries of Christianized ethics, institutional policing, and historically unprecedented stability. To evaluate Old Testament law accurately, we have to look at the brutal reality of the world in which it was given.

THE ANACHRONISM OF MODERN MORALITY

Archaeological and anthropological data paint a grim picture of prehistoric and ancient life. According to data compiled by Steven Pinker in The Better Angels of Our Nature, non-state tribal societies routinely lost between 10% and 60% of their male populations to inter-group warfare and violent conflict. By contrast, even during the bloodiest stretches of the twentieth century—encompassing two World Wars and multiple genocides—the global violent death rate hovered around 1% to 2%. Today, in the developed world, the homicide rate sits at roughly 0.005 per 1,000 people.

In the Bronze and Iron Age Near East, there were no neutral international courts, no Geneva Conventions, and no standing police forces. Law was enforced by sword, clan feud, or total military conquest.

Consider the law of lex talionis—"an eye for an eye, a tooth for a tooth" (Exodus 21:24). Modern critics often cite this rule as an emblem of primitive vengeance. In its historical context, it was a radical cap on blood feuds. In the ancient world, if a member of Tribe A knocked out the tooth of someone in Tribe B, Tribe B would routinely slaughter Tribe A’s entire village in retaliation. Lex talionis established the revolutionary principle of proportional justice: the punishment must fit the crime, and no family could exact unrestrained vengeance. It introduced systematic restraint into a culture governed by cycles of total annihilation.

When we approach the scriptures without understanding this baseline of pervasive violence, we misinterpret civil regulations designed to curb wickedness as if they were divine endorsements of it.

THE PRESERVATION OF VIRGIN WOMEN IN WAR

Critics frequently point to passages like Numbers 31:18 or Deuteronomy 21:10–14, framing them as divine authorizations for wartime exploitation. Reading these laws within their actual ancient Near Eastern (ANE) context reveals that they functioned as revolutionary moral restrictions on military conquest.

Historical and Hermeneutical Context

In surrounding ANE cultures—such as the Middle Assyrian, Hittite, or Canaanite kingdoms—vanquished populations possessed zero legal personhood. Victorious armies treated captive women as immediate war plunder. Battlefield rape was standard practice, followed by indefinite chattel slavery or human trafficking.

Deuteronomy 21:10–14 instituted unprecedented statutory protections for foreign female captives:

Prohibition of Battlefield Exploitation: A soldier was strictly forbidden from touching a female captive on the battlefield or treating her as property.

Mandatory One-Month Cooling-Off Period: The captive was brought directly into the soldier's home, shaved her head, trimmed her nails, and spent thirty days mourning her family and heritage. This forced a mandatory pause that extinguished impulsive lust and granted the woman space to process grief.

Elevated Legal Status: If the soldier chose to proceed after thirty days, he could not keep her as a concubine or slave. He was required to take her as a covenant wife, granting her the full legal rights and inheritance protections of an Israelite matron.

Absolute Prohibition of Resale: If the marriage failed, the husband could not sell her as a slave or profit from her. She was granted immediate, unconditional freedom.

Accommodation and Incremental Law

In Reformed covenant theology, we distinguish between God's creation ordinance—His absolute moral standard established at Creation—and His civil laws given through Moses to govern a hard-hearted, fallen society.

Jesus articulated this exact hermeneutic when addressing Mosaic concessions: "He said to them, 'Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so.'" — Matthew 19:8

Moses’ civil code was not a blueprint for ultimate moral perfection; it placed enforceable legal boundaries around a broken world to curb lawlessness, protect the defenseless, and introduce incremental righteousness into a barbaric era.

COVENANT CURSES: "ANOTHER MAN SHALL LIE WITH HER"

Skeptics often pull Deuteronomy 28:30 out of context to claim God commands or endorses sexual violence: "You shall become engaged to a woman, but another man shall lie with her. You shall build a house, but not live in it..."

This claim ignores the basic literary structure of Deuteronomy. Chapter 28 sets forth the Covenant Curses—the explicit warnings of what would happen if Israel abandoned God's law.

Descriptive vs. Prescriptive

Scripture carefully separates what God prescribes (His holy commands) from what He describes as the retributive consequences of sin. Deuteronomy 28 does not command Israel to violate anyone. It warns Israel of what brutal, pagan invaders (such as the Assyrians and Babylonians) would do to them if they chose apostasy and lost divine protection.

God using wicked, pagan empires as instruments of spatial judgment is a consistent theme throughout biblical history. The prophets repeatedly condemned these invading forces for their inherent cruelty, even while acknowledging that their invasions were permitted as a consequence of Israel’s covenantal rebellion (Habakkuk 1:5–11, Isaiah 10:5–12).

PATRIARCHS, KINGS, AND POLYGAMY

The Old Testament records Abraham, Jacob, David, and Solomon taking multiple wives and concubines. Skeptics routinely point to these narratives as evidence that God approves of polygamy.

Narrative vs. Normative

A core rule of biblical interpretation is that description does not equal prescription. The Bible is a brutally honest record of historical events, not a series of stories about sinless heroes.

The normative creation baseline for marriage was established in Genesis: "Therefore a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh." — Genesis 2:24

Every time a biblical figure strays from this creation ideal, scripture records the tragic, destabilizing consequences:

Abraham taking Hagar tore his household apart (Genesis 16).

Jacob’s multiple wives caused bitter jealousy and the betrayal of Joseph (Genesis 29–37).

David’s accumulation of wives and concubines led directly to incest, murder, and civil war within his family (2 Samuel 12–16).

Solomon’s foreign wives turned his heart toward idolatry, splintering the kingdom (1 Kings 11:1–8).

Explicit Prohibitions for Royalty

Far from endorsing royal harems, Mosaic law explicitly forbade kings from collecting multiple wives, forewarning the exact downfall that David and Solomon experienced: "And he shall not acquire many wives for himself, lest his heart turn away, nor shall he acquire for himself excessive silver and gold." — Deuteronomy 17:17

David’s concubines were not a sign of God's endorsement; they were a manifestation of his disobedience to Deuteronomy 17. When the prophet Nathan confronted David, God made it clear that unrestrained indulgence brings its own ruin (2 Samuel 12:7–12).

THE BIG PICTURE

When evaluating difficult Old Testament passages, three foundational principles keep our perspective grounded:

1. God's Moral Law reflects His eternal character, while Civil Laws regulated a fallen world. God’s unchanging design for human sexuality is total purity within monogamous marriage (1 Thessalonians 4:3–5, Hebrews 13:4). Civil rules governing war captives or divorce were legal concessions designed to restrain human depravity in an exceptionally violent world.

2. Covenant Curses describe human atrocities without approving them. Deuteronomy 28 outlines the horrific realities of foreign conquest to warn Israel against apostasy, not to sanction war crimes.

3. Christ fulfills and completes the Law. Redemptive history moves progressively from the civil accommodations of the Old Covenant to the full moral restoration revealed in Jesus Christ.

"For the law was given through Moses; grace and truth came through Jesus Christ." — John 1:17

None of this law floats free of the community that carried it. The Mosaic code assumed a people who knew one another. Restitution was paid to a named victim, in the sight of neighbors, and the man who paid it went on living among the people he had wronged. Elders judged at the gate of the town, close enough to know the offender's history and the victim's loss, and close enough to tell whether the repentance offered was real. Proportionality held because the men enforcing it would meet both parties again at the well, at the market, and at worship. Malice was bounded by nearness. Everyone involved had to live with the outcome.

The solution is proximalism, because proximalism restores the one condition that kind of justice always required: people who know one another. In a community at that scale, restitution can be demanded and seen to be paid, since the offender has a life there to rebuild and a name there to repair. Confinement, on the rare occasion it is truly needed, is charged to the offender's own labor, because warehousing strangers at public expense makes no victim whole and restores no one. A distant carceral bureaucracy can count the bodies in its cells. It cannot do the work this chapter describes. Return justice to the scale where people are known, and restitution, moral restoration, and the boundary of malice become the ordinary work of a people who have to go on living together after the sentence is served.

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