What Rights Get Wrong about Justice for Orphans: An Old Testament Challenge to a Modern Ideology

Abstract

This article challenges Nicholas Wolterstorff’s rights-based reading of Old Testament orphans by arguing that the prophetic demand for their cause not only assumes a right-order ethos championed in the Torah, but in doing so exposes the shortcomings in how justice is defined for orphaned children within current rights ideology, whether theistic or not. I present the orphan’s historical trajectory towards becoming socially vulnerable as the final stage in the transition from the kinship-redeemer justice of Israelite village clans to the chesed justice of the patronage economy in emerging urban conditions. In light of these conditions, I show how the orphan laws in Deuteronomy are, counter to Wolterstorff’s claims of corruption, attempting to re-create in legal terms the kinship bond and chesed benevolence that defines the orphan’s justice as the return to a family. I argue that the prophet does not blame inherently corrupt laws, but rather blames patrons and elders who have ignored good laws and ignored right-order by forgetting their brothers’ and sons’ children.