Charles Ellicott Commentary James 4:11

"Speak not one against another, brethren. He that speaketh against a brother, or judgeth his brother, speaketh against the law, and judgeth the law: but if thou judgest the law, thou art not a doer of the law, but a judge." — James 4:11 (ASV)

Speak not evil . . .—Do not “back-bite,” as the same word is translated in Romans 1:30 and 2 Corinthians 12:20. The good reason why not is given in the graceful interjection “brothers.” Omit the conjunction in the next phrase, and read as follows:

He that speaketh evil . . .—Punctuate thus: He that speaketh evil of his brother, judgeth his brother; speaketh evil of the law, and judgeth the law. In this way the cumulative force of St. James’s remarks is best preserved. Listen to the echo of his Master’s words: Judge not, that ye be not judged (Matthew 7:1). But the apostolic condemnation is in no way meant to condone a vicious life, and leave it unalarmed and self-contented; for boldness in rebuke of it, we have the example of John the Baptist.

All that he reproves is the setting up of our own tribunals, in which we are at once prosecutor, witness, law, lawgiver, and judge—not to say executioner as well. Prœjudicium was a merciful provision under Roman law, and often spared the innocent a lengthier trial afterward; but prejudice—our word taken from it—is its most unhappy opposite. Many worthy people have much sympathy with David, in their effort to hold their tongue and keep silence, yea even from good words; truly it is pain and grief to them (Psalms 39:3). But “to take the law into one’s own hands” is to break it, and administer it inequitably.