Albert Barnes Commentary Deuteronomy 25:1-2

"If there be a controversy between men, and they come unto judgment, and [the judges] judge them; then they shall justify the righteous, and condemn the wicked; and it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his wickedness, by number." — Deuteronomy 25:1-2 (ASV)

The passage may be rendered as follows:

1. If there be a controversy between men, and they come to judgment, and the judges judge them, and justify the righteous and condemn the wicked (compare the marginal reference and Exodus 23:7; Proverbs 17:15);
2. then it shall be, etc. (Deuteronomy 25:2).

Scourging is named as a penalty in Leviticus 19:20. The beating spoken of here would be on the back with a rod or stick (Proverbs 19:29; Proverbs 26:3).