A Warning Against Being Judges Of Others And Thus Pre-empting God (James 4:11-12 a).
The passage commences with a warning. Aware that his strong words and his appeal to repentance could now result in some members of the church judging others James issues a strong warning against their doing so. We can compare here Matthew 7:1-6. As Jesus says there it is one thing to seek to help one another, as they should, but it will be quite another to issue harsh and hypocritical judgments. For the one who so judges sets himself up in God's place as lawgiver and judge, which ill accords with his cry for humility (James 4:6; James 4:10).
Note how these particular verses (James 4:11-12 a) continue the thought of the previous verses, both in terms of the need to control the tongue, and the need to be humble, and within the whole pattern of the letter parallel James 1:12, with its emphasis on those who, on being judged, will receive the crown of life.
Analysis.
a Do not speak one against another, brothers (James 4:11 a).
b He who speaks against a brother, or judges his brother, speaks against the law, and judges the law (James 4:11 b).
b But if you judge the law, you are not a doer of the law, but a judge (James 4:11 c).'
a One only is the lawgiver and judge, even he who is able to save and to destroy (James 4:12 a).
Note that in ‘a' he argues against brothers speaking against one another, and in the parallel only One is qualified to judge. In ‘b' to speak against or judge a brother is to speak against and judge the Law, and in the parallel those who judge the Law are not doers of the Law. They rather set themselves up on the other side of the dock and become judges. ‘One only is the lawgiver and judge, even he who is able to save and to destroy.'
For in the end they need to recognise that they have no right to set themselves up as judges because that is the prerogative of God alone. He alone is the One who both gives out and determines the Law and is finally responsible to judge those who break it. For He alone is the One Who is able to save and to destroy (compare Luke 12:4-5). Note here the intimation that the lawgiver and judge can be a Saviour as well as a Destroyer. God's Law, having required the ultimate in justice, ever from the beginning leaves room for mercy through forgiveness and the shedding of the blood of a substitute.
Note On Human Judgment.
James was not, of course, talking about whether magistrates were needed. He was not talking about criminality but about the affairs of day-to-day life. The Scriptures themselves emphasise the need for magistrates, and emphasise that they must be impartial, independent and concerned to pass judgment as in the sight of God (Deuteronomy 1:16-18; Deuteronomy 16:18-20; etc. Romans 13:1-5). But the last point is to be taken note of, for nothing brought down God's wrath more than unjust judges (Isaiah 1:23; Isaiah 3:14-15; Jeremiah 5:28; Amos 2:3; etc).
End of note. ‘But who are you who judge your neighbour?'
Now James finally faces them (and us) up with the truth about themselves. They are not important enough or sophisticated enough to behave like God and judge their neighbour. Indeed they are so frail that with all their big ideas they do not even know whether they will last another day (James 4:13). What they should therefore do is recognise that all are in the same situation together, and should do what the Law says, and that is that they should love their neighbours as they love themselves (compare James 2:8, where it is also linked with judgment), and therefore seek to do them good (James 4:17). That is far more in accord with what they are than the idea that they have a right to pass judgment.