Albert Barnes Commentary Psalms 82

God stands in the congregation of the mighty — In the assembly of the rulers and judges; among those of most exalted rank and station. He is there to observe them, to give them law, to direct their decisions, and to judge them. He is supreme over them, and he holds them responsible to himself.

The word translated “congregation” is that which is commonly applied to the assembly of the people of Israel, considered as an organized body or as a body politic.

Here, however, it refers to magistrates considered as a body or class of people; as those who have assemblages or meetings with special reference to their duties as magistrates. The word translated “mighty” — אל ('Êl) — is in the singular number and is one of the names which are given to God; hence, the literal translation is, “God stands in the assembly of God.” The Septuagint translates it, In the synagogue of the gods. So also the Latin Vulgate.

The reference, however, is undoubtedly to magistrates, and the idea is that they were to be regarded as representatives of God, as acting in his name, and as those, therefore, to whom, in a subordinate sense, the name gods might be given. Compare Psalm 82:6.

In Exodus 21:6, Exodus 22:8–9, and Exodus 22:28, also, the same word in the plural is applied to magistrates and is properly translated judges in our common version. Compare the notes at John 10:34-35.

The idea is that they were the representatives of the divine sovereignty in the administration of justice. Compare Romans 13:1-2 and Romans 13:6. They were, in a sense, gods to other people; but they were not to forget that God stood among them as their God; that if they were exalted to a high rank in respect to their fellowmen, they were, nevertheless, subject to One to whom the name of God belonged in the highest sense.

He judges among the gods — As those to whom the name gods is thus given as representatives of the divine sovereignty judged among people, so God would judge among them. If they were, in some sense (in consequence of their representing the divine majesty and deriving their power and appointment from God), independent of people, they were in no sense independent of God himself.

How long will ye judge unjustly - literally, Judge evil. This is designed, evidently, to denote the prevailing character of the magistrates at the time when the psalm was written. Unhappily, such occasions occur very often in the course of human affairs.

And accept the persons of the wicked? - literally, Lift up, or bear, the faces of the wicked. The meaning is that they showed favor or partiality to wicked people; they did not decide cases according to truth, but were influenced by a regard for particular persons on account of their rank, their position, their wealth, or their relation to themselves. This is a common phrase in the Scriptures to denote favoritism or partiality (Job 34:19; Acts 10:34; Romans 2:11; 1 Peter 1:17; Leviticus 19:15; Deuteronomy 1:17).

Defend the poor and fatherless – literally, judge; that is, pronounce just judgment; see that right is done to them. This is required everywhere in the Scriptures.

The meaning is not that judgment is to be pronounced in their favor because they are poor or because they are orphans, for this would be to do what they had just been charged with as in itself wrong, accepting of persons; that is, showing favor on account of condition or rank, rather than on account of a just claim.

The idea is that the poor and the fatherless, having no natural protectors, were likely to be wronged or oppressed; that they had no one to defend their claims; and that magistrates, therefore, as if they were their natural protectors, should see that their rights are maintained. See the notes at Isaiah 1:17.

Do justice to the afflicted and needy – See that justice is done to them; that they are not wronged by persons of wealth, of power, and of rank. Such care does religion take of those who have no natural guardians. The poor and the needy – the widow and the fatherless – owe to the religion of the Bible a debt which no language can express.

Deliver the poor and needy - That is, Deliver them from the power and the arts of those who would oppress and wrong them. This would not be showing them partiality; it would be simply doing them justice.

Rid them out of the hand of the wicked - Deliver, or Rescue them from their hands; that is, from their attempts to oppress and wrong them.

They know not, neither will they understand – This is designed still further to characterize the magistrates at the time referred to in the psalm.

They not merely judged unjustly and were not merely partial in the administration of justice (Psalms 82:2), but they did not desire to understand their duty and the true principles on which justice should be administered.

They made no effort to inform themselves, either about those principles or about the facts in particular cases.

All just judgment must be based on:

• a true knowledge of what the law is, or what is right; and
• a knowledge of the facts in a particular case.

Where there is no such knowledge, of course, there must be a maladministration of justice.

One of the first requisites, therefore, in a magistrate is that he should have a proper knowledge of the law. His duty is to ascertain the exact facts in each individual case that comes before him and then impartially to apply the law to that case.

They walk on in darkness – in ignorance of the law and of the facts in the case.

All the foundations of the earth – (see Psalm 11:3, note; Psalms 75:3, note). This refers to all settled principles, all the things on which the welfare of society rests, and all on which the prosperity of the world depends.

The manner in which justice is administered is as if the very foundations of the earth should be disturbed, and the world should move without order.

Are out of course – Margin, as in Hebrew, moved. That is, they are moved from their proper place; the earth no longer rests firmly and safely on its foundation.

This language is taken from the idea, so often occurring in the Scriptures and in the language of people generally, that the earth rests on solid foundations – as a building does.

The idea is derived from the stability and fixedness of the earth, and from the fact that when a building is fixed and stable, we infer that it has a solid foundation.

The thought here is that a proper administration of justice is essential to the stability and prosperity of a state—as essential as a solid foundation is to the stability of the edifice built on it.

The effect of a real-administration of justice in any community may be well compared with what the result would be if the foundations of the earth should be removed, or if the laws that now keep it in its place should cease to operate.