In verses 12-13 James brings his discussion of partiality in the congregation to a climax. Because partiality is a violation of the love command, and because violation of the law in a single aspect renders one guilty of the whole law, his hearers are to “so speak and so act as those who are to be judged by the law of liberty” (houtōs laleite kai houtōs poieite hōs dia nomou eleutherias mellontes krinesthai).
The double use of houtōs (“so”) serves to emphasise James’ point, as well as tie the exhortation to the clause which follows; that is, houtōs…houtōs…hōs (so speak and so act as those…). Laleite and poieite are both present imperatives, and together cover the whole of the believer’s public life—their speech and their activity. All they say and all they do is to be said and done in light of the coming judgement.
The prominence and severity of judgement as a New Testament theme is often under-estimated by believers in the contemporary church, nurtured as we are on a vision of a gracious and merciful God. Yet the reality of divine judgement is central to the New Testament vision, being found in the teaching of Jesus, Paul, Peter, John, Hebrews, Jude and James, and providing the rationale for the proclamation of the gospel. In 4:12 James will affirm that “there is only one Lawgiver and Judge, the One who is able to save and to destroy.” In 5:9 he warns that “behold, the Judge is standing right at the door.” In verses 9-11 he implies the theme of judgement by referring to his hearers as “transgressors,” and speaking of those who are liable for the whole law. For James, this judgement is certain, and probably in his mind, imminent. His congregation, along with all believers, are certain to face the judgement (mellontes krinesthai).
This judgement will be in accordance with “the law of liberty” (dia nomou eleutherias). James has used this phrase already in 1:25, and its use again here suggests that the whole section on partiality be considered together with James’ discussion of true religion and active Christianity. In our discussion of the phrase in 1:25, we found that the “perfect law of liberty” refers to “the Old Testament ethic as explained and altered by Jesus… [i.e.] the teaching of Jesus” (Davids, 100). Important also is James’ reference to the “royal law” in 2:8, identifying the love command for one’s neighbour as the centre and sum of the whole law. So, too, in verse 13, he will summarise this law in the single term “mercy.” If the coming judgement is the lens through which we are to conduct our lives, the law—especially the love commandment, and its enactment through concrete practices of mercy toward the poor—is the measure by which our lives will be measured.