Do not speak evil against one another, brethren: it is clear that James is introducing something new here from the fact that instead of “adulteresses” and “double-minded” people he is now addressing brethren, a particular group. The expression speak evil against is a single verb in Greek, literally “to talk [someone] down” or “to speak against.” It is sometimes used of speaking against others behind their backs without giving them a chance to defend themselves, and therefore has acquired the meaning of “speaking evil against” or “slander.” In the New Testament it is sometimes listed as one of those vices and sins in the sense of false accusations (Rom 1.30; 1 Peter 2.1), and at other times it is used for harsh criticism or malicious accusation (2 Cor 12.20; 1 Peter 2.12; 3.16, “abused”). In the present context the verb is used in the sense of criticism or accusation made against others, and therefore it may be rendered as “criticize” (Good News Translation), “slander” (New International Version, New Jerusalem Bible), “disparage” (New English Bible; compare the noun phrase used by Barclay, “the habit of disparaging criticism”). A Handbook on the First Letter from Peter, page 51, provides a number of good alternative renderings for speak evil: “shoot people with words,” “harm others by whispering,” “spoil someone’s honor with evil words.” We can also render speak evil idiomatically as “put evil on others.” Contemporary English Version has a helpful alternative translation model for this clause: “Don’t say cruel things about others.” The word brethren refers to fellow believers and is meant to be inclusive. It may therefore be rendered as “friends” (Revised English Bible, referring to Christian friends), “fellow believers,” or “brothers and sisters” (New Revised Standard Version).

James goes on to define what he means by “speaking evil against” someone; the person who speaks evil against a brother is the one who judges him. In some languages it will be better style to begin the second sentence with “If you do [speak evil against]…” rather than translating literally He that …. It is obvious that James uses the two verbs speaks evil against and judges in the same sense, using the second to define the first. The person who speaks evil against a fellow believer is guilty of passing judgment on (or, condemning) that Christian brother or sister. Furthermore anyone who judges his brother, speaks evil against the law and judges the law. What James is suggesting here is that slander is a form of passing judgment on a fellow Christian, and this is going beyond what is legitimate. The law demands that a believer love his fellow believer (see 2.8); but to slander a fellow believer is to condemn that believer, and is therefore to break the law—for in doing so he is denying the law’s authority and is setting himself above God’s authority. The offense against a fellow human being is an offense against God, who created that person (3.9). The law may refer to the Mosaic law, but in view of the reference to the “royal law” in 2.8, James is here probably referring to the same law—the “love command” of the Kingdom manifested in the teaching of Jesus (see the rendering of Barclay, “… is to disparage Christ’s law of love…”).

But if you judge the law, you are not a doer of the law but a judge: to judge the law is to pass judgment on it or criticize it as useless or unnecessary. The person who passes judgment on the law is therefore not a doer of the law. This person is someone who does not practice the law, but a judge. What James is arguing is this: to set yourself over against another person is to break the law of love that commands you to love your neighbor. For not keeping the law is to judge it to be invalid and to put yourself above and outside it. The violator, then, in effect puts himself into the position of being a judge. And to exercise the function of a judge is something forbidden by Jesus (Matt 7.1-5).

An alternative translation model for this verse is:
• My friends, do not say evil things about a fellow Christian. If you do, or if you criticize [or, condemn] another Christian, you are in fact condemning God’s law of love. And if you condemn this law you are really refusing to obey it and are putting yourself above it as if you were a judge.

Quoted with permission from Loh, I-Jin and Hatton, Howard A. A Handbook on The Letter from James. (UBS Handbook Series). New York: UBS, 1997. For this and other handbooks for translators see here .