於2020-08-27發佈


女巫與司法正義—美國遺產概要33  

牡蠣是海洋的過濾器,每隻牡蠣每小時過濾一加侖的水,結果是牡蠣會將刺激物包裹在硬殼中,也就是我們知道的珍珠─極具價值的珍寶。在一個文化中的刺激物同樣也是如此,本是煽動之物卻可以成為極具價值的珍寶。

塞勒姆審巫案(The Salem witch trials)成為殖民地的刺激物,卻也為美國司法系統帶來最重要的根基,其成為世上最開明和公正的司法系統。

塞勒姆審巫案是很難理解的悲劇,一直是美國歷史上的污點。他們會被浸在水中超過一個人可以在水中存活的時間,如果他們存活了,就被認為是靠著超自然的邪惡能力,他們便被處死。如果他們淹死了,就會被宣告無罪,但仍死了。

這些審判有著許多不正確和誇大報導,就好像對歷史的不實描述一樣。可驗證的事物多到嚇人,因而協助點燃了殖民地對正義的極大擺上,特別是當任何人被控訴任何罪,合法訴訟程序的需要。

塞勒姆審巫案並不是如一些歷史學家所言或暗示,受到清教徒的唆使,儘管有一些清教徒牽涉在其中。事實上,清教徒領袖科頓·馬瑟(Cotton Mather)帶領抗議這些案子,並協助停止審判。他的父親因克瑞斯·馬瑟(Increase Mather)是當時哈佛學院的院長,後來也加入此抗議行列。他們訴求終止這些瘋狂審判是如此明確,以致於審判不僅終止了,並且極大的謙卑和悔改臨到整個殖民地,進而帶來我們今日從中受益的重大司法改革。

馬瑟父子訴求合法訴訟程序的權利是司法公平的基礎,他們聲明寧可錯放十個有罪的人,也不願讓一個無辜人被定罪。他們主張此概念是出於聖經,在聖經中所建立的法理學壓倒性主張保護無辜者,勝過找出有罪的人。

為什麼聖經法學如此看重寧可錯放許多罪人,而不願錯抓一個無辜人的原則呢?主清楚說到,定罪一個無辜人會為土地帶來咒詛,但若錯放有罪的人,祂自己會處罰他們。

耶穌示範了對罪人近乎沒有限制的恩典,甚至是對那些「正在犯罪的人」,但祂卻無法容忍自義的人。馬瑟用這些真理發現在審巫案中極大的不公不義,後來主審法官公開悔改。審巫案的污名持續到今日,但也因為如此才致力於合法訴訟程序,並對「排除合理懷疑」的定罪提高門檻。因此,此瘋狂審判真的產生更大的好處─一個智慧與知識的大寶藏。

這些惡名昭彰的審判也開展出一種模式,當重大的不公不義在美國發生,公義鬥士會起而對抗,就像馬瑟父子當初所做的一樣。直到今日,那些成為如此公義鬥士的人,正是一些最受美國敬重的國家英雄。美國的歷史和每個國家一樣,充滿著愚昧和悲劇,但也充滿著不容愚昧和悲劇得逞的人情故事,甚至帶來悔改,然後帶來救贖。

英國殖民地所擁有的自治政府和宗教自由,促使他們尋求聖經來為大案子找著解決之道,這為政府和司法帶來許多睿智的解答。在大多數國家,「不公不義」的呼求被視為叛亂的毒藥,需要壓制。在美國,那是一種對欠缺回應的關心注意,以確保某人在「上帝所賦予的權利上」沒有遭到踐踏。這就是我們國家屬靈DNA的一部份。

這並非意味著我們擁有完美的司法系統,或是在美國沒有不公不義。「獵巫」這個專有名詞可能來自塞勒姆審巫案,但這仍是當今人們所使用的一種非關正義和真理的策略。聰明的敵人會利用你的強項來對付你,我們國家的敵人尤其曉得利用我們的司法系統予以拆除。我們必須持續下定決心:每個刺激或攪動最終都會使我們變得更好。

儘管美國的司法系統聲明,當事人必須被視為無罪,直到「排除合理懷疑後證明有罪」,美國持續在對抗一旦被告就被視為有罪的傾向。這常引至進一步的不公不義,結果是我們將遭受聖經對我們的警告─咒詛或困難臨到我們的土地。我們目前的許多危機都與我們在這一點上的失敗有關,而這一點卻使我們有別於其他國家,以建立更大的公平正義。

這似乎成為每個新世代都必須自己學習的功課,有一個比較簡單的方式─我們可以向歷史借鏡,好讓我們不須重蹈覆轍,正如我們的國家父母懇求我們所做的。或許這是為何「孝敬/尊榮父母」是神唯一賜給祂子民帶著應許之誡命的主要原因─當孝敬父母,使你的日子在耶和華─你神所賜你的地上得以長久(出埃及記20:12)。主顯然非常關切公平正義,所以我們也必須如此。對於今日一切不公不義的紛擾,我們必須視此為製成另一顆珍珠的機會。

~摘錄第二任總統─湯馬斯·傑弗遜Thomas Jefferson)~

法律的制訂是要普通人能瞭解,因此也應以常識性的一般規則作為解釋。

~摘錄班傑明富蘭克林(Benjamin Franklin)~

我可以肯定地說,真正的偉人同時必具備真正的德行。

 (摘自喬納word for the week, Week 33, 2020)

 

Witches and Justice—Heritage Brief 33

Oysters are filters for the sea as each one filters about a gallon of water an hour. However, just a grain of sand that gets stuck in the oyster can become an irritant. The result is that the oyster will encase the irritant in a hardened substance that we know as a pearl—a treasure of great value. The same can be true of an irritant in a culture. What was an agitation can become a treasure of great value. 

     The Salem witch trials became such an irritant for the colonies. It was an enduring and humbling embarrassment, but also led to some of the most important foundations for the American system of justice, which became the most enlightened and fair in the world. 

     The Salem witch trials were an incomprehensible tragedy that remains a dark stain on American history. By some accounts, these went to the extreme that if one were just accused of being a witch, they would be submerged in water past the time when one could survive underwater. If one did survive, they believed it was through evil supernatural power and they were executed. If they drowned they would be pronounced innocent of the charge, but were still dead. 

      As is too often the case with history, there are many inaccurate and exaggerated accounts about these trials. What is verifiable was so terrible that it helped to ignite a great devotion to justice in the colonies, especially for the need of due process for anyone accused of any crime. 

     The Salem witch trials were not instigated by the Puritans as some historians have said or implied, though some Puritans were involved in them. Actually, it was the Puritan leader Cotton Mather who led the protests against these trials and was instrumental in getting them stopped. Cotton was joined by his father, Increase Mather, who was president of Harvard College at the time. Their demands to end the madness of these trials came with such resounding clarity that the trials were not only stopped, but a great humility and repentance came over the colonies that led to important judicial changes that we benefit from today.

     The Mathers argued that the right of due process was basic to justice. They declared that it would be better for ten guilty to go free than for one innocent person to be condemned. They argued this from the Scriptures and the jurisprudence established in The Bible that overwhelmingly favors protecting the innocent over finding the guilty. 

     Why is biblical jurisprudence so weighted toward the principle that it would be better for many guilty to go free than for a single innocent person to be wrongly condemned? The Lord made it clear that to condemn an innocent person would bring a curse upon the land, but if the guilty went free He Himself would punish them. 

     Jesus demonstrated almost unlimited grace to sinners, even those “caught in the act,” but He had no tolerance for the self-righteous. The Mathers fought the great injustice of the witch trials with these truths, and the presiding judge in the trials repented publicly. The stigma of the witch trials lasts to this day, but so has the devotion to due process and raising the bar high for convictions to “beyond a reasonable doubt.” So, this madness actually resulted in a greater good—a great treasure of wisdom and knowledge.

     These infamous trials also began a pattern that when significant injustices would arise in America, champions of justice would arise to confront them as the Mathers had done. To this day, those who became such champions of justice are some of our most highly esteemed national heroes. Our history is filled with folly and tragedy, as is that of every nation. It is also filled with the stories of people who would not let folly and tragedy prevail, which led to repentance and then to redemption.

     The freedom of self-government and religion given to the English colonies caused them to search the Scriptures to find solutions to the great issues that emerged. This has led to many brilliant solutions to government and justice. In most nations, cries of “injustice” are seen as the poison of rebellion to be suppressed. In America, there is a default reaction to pay attention to it and examine it to be sure that someone’s “God-given rights” have not been trampled. This is a part of our national spiritual DNA. 

     This does not mean that we have a perfect system of justice, or that there are not still injustices in America. The term “witch hunt” may have come from the Salem witch trials, but it is still a strategy used today by those with agendas other than justice and truth. A wise enemy will use your strengths against you, and the enemies of our Republic have learned to especially use our justice system to dismantle it. We must continue with the resolve that every irritant or agitation will just end up making us better. 

     Even though our system of justice states that one must be considered innocent until “proven guilty beyond a reasonable doubt,” there has been a constant battle against the tendency to consider people guilty if accused. This often leads to further injustice, and we suffer what the Scriptures warn us will be the result—a curse, or troubles, upon the land. Many of our present crises are connected to our failures with this one point that has distinguished us from the other nations to establish a greater justice. 

     It seems that this has been a lesson that every new generation has had to learn on their own, but there is an easier way—we can learn from history so that we do not have to keep repeating it, just as our national fathers and mothers have implored us to do. Perhaps this is a main reason why to “honor your fathers and mothers” is the only commandment God gave to His people with a promise attached—“that it will go well with you, and you may dwell long in the land that the Lord has given to you” (see Exodus 20:12). The Lord obviously cares very deeply about justice, and so must we. With all the clamor today about injustice, we must see it as an opportunity to make another pearl.

     Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. –Thomas Jefferson

     I pronounce it as certain that there was never yet a truly great man that was not at the same time truly virtuous. –Benjamin Franklin