The Judges Shall Inquire Diligently: Why ‘Pre-Adjudication’ Is Not Permissible in Biblical Law

I recently participated in an informal debate on non-legislative theonomy with Marek Kizer, a fellow Christian and YouTuber. My esteemed and worthy “opponent” (a term used only in the context of the debate) argued in defense of what I call man-made law, stating that these human laws constitute a form of “pre-adjudication” (this section can be found at the 1:55 mark of the video). Our discussion was extensive, lasting over two hours, and we covered a wide range of topics. However, my direct response to his comment about “pre-adjudication” was brief due to the conversation’s flow to other aspects of our disagreement. My response to his pre-adjudication claim was essentially, “That’s wrong.” In this article, I will elaborate on my rejection of “pre-adjudication.”

If I have misunderstood Kizer’s claim, I hope he will have the opportunity to clarify, as I intend to invite him back on The Lancaster Patriot Podcast for many more in-depth discussions (our next one will focus on immigration). However, I will respond based on my understanding of Kizer’s claim. I believe his view is that a “new” human law (i.e., a law not inscripturated in the Bible) is similar to “pre-adjudication” because it allows a civil magistrate to bypass the need for examining a case and instead enables the magistrate (or their agents, such as police officers in a statist system) to preemptively enact or threaten punishment before an accuser brings a charge to a judge, followed by the adjudication process.

Note that this “punishment” might be more of an underlying threat rather than an explicit action. For example, if people believe that breaking one of these new laws (e.g., driving without a license) makes them liable to be harassed by a statist enforcement officer (i.e., police officer) and fined, they may be preemptively intimidated into submission due to the enacted “pre-adjudication.” While it is true that a person could appeal a violation of these new man-made laws, the process is often cumbersome, costly, and, most importantly, not in accordance with biblical law.

Biblical law requires an accuser to bring the charge against the accused (cf. Deuteronomy 17:6-7). The burden of proof lies with the accuser, not the accused. If a man wishes to accuse his neighbor of driving without a driver’s license, he must bring the case before a magistrate and accuse his neighbor of breaking God’s law. Of course, a godly judge would promptly dismiss the case, as God’s law inscripurated in the Bible does not require a man to obtain a license to travel.

After my conversation with Kizer, I discussed the concept of pre-adjudication with Luke Saint, author of The Sound Doctrine of Theocracy. He reminded me that this idea is contrary to the clear biblical command that a magistrate or judge must conduct a diligent inquiry in matters of justice. Man’s law, Saint insisted, cannot account for this need for diligent inquiry.

Some argue that pre-adjudication is necessary to prevent an overwhelming number of cases brought before judges. However, I believe that if we eliminated the numerous man-made laws, we would find that there would be surprisingly few cases to adjudicate compared to our current system. In fact, I contend that even with our present system of pre-adjudication/man-made law, we still have far more court cases, ongoing litigation, and lawsuits than we would have if we eliminated pre-adjudication (man-made law) and simply had magistrates adjudicate cases by referring to the evidence and the inscripturated laws in the Bible. Biblical law places the burden of proof on the accuser (to bring the case) and the magistrate (to conduct a diligent inquiry). In contrast, man-made law (pre-adjudication) places the burden on the accused.

The concept of pre-adjudication, or the creation of laws applied before any dispute arises, stands in contrast to the biblical model of justice. The Bible (God’s special revelation) provides not only laws for the civil realm but also a structure for applying them – through judges adjudicating between disputants. This system underscores the importance of adjudication, a theme that permeates the Bible. Deuteronomy 25:1 highlights this theme: “If there is a dispute between men and they come into court and the judges decide between them, acquitting the innocent and condemning the guilty…” Similarly, Jeremiah 7:5 emphasizes the practice of justice between a man and his neighbor, and Ezekiel 18:8 describes a righteous man as one who executes true justice between man and man.

The judiciary structure enabling man to pursue “justice, and only justice” in the civil realm is outlined in Deuteronomy 16:18-20: “You shall appoint judges and officers in all your towns that the Lord your God is giving you, according to your tribes, and they shall judge the people with righteous judgment. You shall not pervert justice. You shall not show partiality, and you shall not accept a bribe, for a bribe blinds the eyes of the wise and subverts the cause of the righteous. Justice, and only justice, you shall follow, that you may live and inherit the land that the Lord your God is giving you.”

The biblical structure is a system of judges (magistrates), with the standing body of civil law provided in the Bible. The general equity of these laws is applied in adjudication between disputants, not in creating new laws. Proponents of man-made law may argue that the creation of “new” laws is simply a form of pre-adjudication. However, this argument overlooks the biblical requirement for judges to “inquire diligently” in matters of justice/civil cases.

Several verses in the Bible emphasize this requirement, indicating that pre-adjudication does not align with God’s Law. For instance, Deuteronomy 13:14 and 17:4 both emphasize the need for diligent inquiry in cases of idolatry and other serious offenses, demonstrating that God’s justice system is built on thorough investigation and adjudication, not preemptive lawmaking. This process ensures that each case is judged on its own merits, in line with the biblical model of justice. The diligence required to find a man guilty of bearing false witness must also be applied in finding a man guilty of any offense: “The judges shall inquire diligently, and if the witness is a false witness and has accused his brother falsely, then you shall do to him as he had meant to do to his brother. So you shall purge the evil from your midst” (Deuteronomy 19:18-19). Biblical law requires a magistrate to inquire diligently in every case. Pre-adjudication undermines this divine requirement and therefore must be rejected by those seeking to honor God’s Law-Word. Justice is a weighty matter (Matthew 23:23), and no shortcuts are permissible for us.