What those objects were, it does not seem hard to discern. First and supreme in the intention of this law is the satisfaction of outraged justice, and of the regal majesty of the supreme and holy God, defied; the vindication of the holiness of the Most High against that wickedness of men which would set at nought the Holy One and overturn that moral order which He has established. Again and again the crime itself is given as the reason for the penalty, inasmuch as by such iniquity in the midst of Israel the holy sanctuary of God among them was profaned. We read, for example, "I will cut him off ... because he hath defiled My sanctuary, and hath profaned My holy name;" "they have wrought confusion," _i.e._, in the moral and physical order of the family; "their blood shall be upon them;" "they have committed abomination; they shall surely be put to death;" "it is a shameful thing; they shall be cut off." Such are the expressions which again and again ring through this chapter; and they teach with unmistakable clearness that the prime object of the Divine King of Israel in the punishment was, not the reformation of the individual sinner, but the satisfaction of justice and the vindication of the majesty of broken law. And if we have no more explicit statement of the matter here, we yet have it elsewhere; as in Numb. xxxv. 33, where we are expressly told that the death-penalty to be visited with unrelenting severity on the murderer is of the nature of an expiation. Very clear and solemn are the words, "Blood, it polluteth the land: and no expiation can be made for the land for the blood that is shed therein, but by the blood of him that shed it."
But if this is set forth as the fundamental reason for the infliction of the punishment, it is not represented as the only object. If, as regards the criminal himself, the punishment is a satisfaction and expiation to justice for his crime, on the other hand, as regards the people, the punishment is intended for their moral good and purification. This is expressly stated, as in ver. 14: "They shall be burnt with fire, that there be no wickedness among you." Both of these principles are of such a nature that they must be of perpetual validity. The government or legislative power that loses sight of either of them is certain to go wrong, and the people will be sure, sooner or later, to suffer in morals by the error.
In the light we have now, it is easy to see what are the principles according to which, in various cases, the punishments were measured out. Evidently, in the first place, the penalty was determined, even as equity demands, by the intrinsic heinousness of the crime. With the possible exception of a single case, it is easy to see this. No one will question the horrible iniquity of the sacrifice of innocent children to Molech; or of incest with a mother, or of sodomy, or bestiality. A second consideration which evidently had place, was the danger involved in each crime to the moral and spiritual well-being of the community; and, we may add, in the third place, also the degree to which the people were likely to be exposed to the contagion of certain crimes prevalent in the nations immediately about them.
But although these principles are manifestly so equitable and benevolent as to be valid for all ages, Christendom seems to be forgetting the fact. The modern penal codes vary as widely from the Mosaic in respect of their great leniency, as those of a few centuries ago in respect of their undiscriminating severity. In particular, the past few generations have seen a great change with regard to the infliction of capital punishment. Formerly, in England, for example, death was inflicted, with intolerable injustice, for a large number of comparatively trivial offences; the death-penalty is now restricted to high treason and killing with malice aforethought; while in some parts of Christendom it is already wholly abolished. In the Mosaic law, according to this chapter and other parts of the law, it was much more extensively inflicted, though, it may be noted in passing, always without torture. In this chapter it is made the penalty for actual or constructive idolatry, for sorcery, etc., for cursing father or mother, for adultery, for the grosser degrees of incest, and for sodomy and bestiality. To this list of capital offences the law elsewhere adds, not only murder, but blasphemy, sabbath-breaking, unchastity in a betrothed woman when discovered after marriage, rape, rebellion against a priest or judge, and man-stealing.