John Calvin Commentary Deuteronomy 1:16

"And I charged your judges at that time, saying, Hear [the causes] between your brethren, and judge righteously between a man and his brother, and the sojourner that is with him." — Deuteronomy 1:16 (ASV)

And I charged your judges. This charge is not found in Exodus 18, where Moses's only object was to point out the origin of the change; but now, omitting the praise of his father-in-law, he merely reminds the Israelites of what he did with them. The sum of the exhortation, however, is that they should adjudicate impartially between their brethren; this is more fully expressed in the next verse, where they are forbidden to “acknowledge faces.”²⁰⁶

For there can be no greater corruption than to judge from personal appearance, which always draws people's minds away from the merits of the case. Therefore, Christ rightly contrasts these two things: to “judge righteous judgment,” and “according to the appearance” (John 7:24). Even philosophers have perceived this, advising that, as far as possible, judges should be restrained by fixed laws, lest, being left free, they should be swayed this way or that by favor or ill will.

And, in fact, wherever there is sufficient intellectual capacity, equity and rectitude will prevail, unless respect to persons influences the judge. It is plain from the context, where Moses forbids making a distinction between small and great, what is meant by “acknowledging persons.” But although judges often inflict injury upon the poor and wretched out of contempt for them, Moses addresses the more common fault when he charges them “to be afraid of no man.” For it very often happens that those who are otherwise just, and inclined to pursue what is equitable and right, are made to swerve through fear of the threats of the powerful, and dare not manfully confront their ill will.

Moses, therefore, requires magnanimity in judges, so that they may not hesitate to bring upon themselves the hatred of anyone in their defense of a good cause. But we must especially observe the reason by which he corrects their fear and alarm: for he says that they are to be afraid of no mortal man, because “the judgment is God’s.”

He does not here merely remind them, as it appears to some, that an account must be rendered to God. Rather, he shows how absurd it is to turn from the right course out of fear of man, because in this way the majesty of God is prostituted and exposed to scorn. This is as much as to say that this honor must be paid to God, whose representatives they are: that they should look upon all people as beneath them and restrain the audacity of the wicked with such inflexible magnanimity, that God alone may have preeminence. The same is the purpose of Jehoshaphat’s words:

Take heed what you do: for you judge not for man but for the Lord (2 Chronicles 19:6).

If this were thoroughly impressed upon the minds of both magistrates and pastors, they would not vacillate so often; for relying on God’s aid, they would stand firmly against all the terrors by which they are so pitifully agitated. Therefore, let all those who are called to any public office sustain themselves by this doctrine: that they are doing God’s work, and He is well able to keep them safe from the violence as well as the craftiness of the whole world. Yet, at the same time, we are taught by these words that all posts of command are sacred to God, so that whoever are called to them should reverently and diligently serve God, and always reflect that His is the dominion of which they are the ministers.

²⁰⁶ So margin A. V.