Matthew Levering
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199535293
- eISBN:
- 9780191715839
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199535293.001.0001
- Subject:
- Religion, Biblical Studies
This book serves as an introduction to natural law theory. The Introduction proposes that natural law theory makes most sense in light of an understanding of a loving Creator. The first chapter then ...
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This book serves as an introduction to natural law theory. The Introduction proposes that natural law theory makes most sense in light of an understanding of a loving Creator. The first chapter then argues the Bible sketches both such an understanding of a loving Creator and an account of natural law that offers an expansive portrait of the moral life. The second chapter surveys the development of natural law doctrine from Descartes to Nietzsche, and shows how these thinkers reverse the biblical portrait by placing human beings at the center of the moral universe. Whereas the biblical portrait of natural law is other-directed, ordered to self-giving love, the modern accounts turn inward upon the self, with reductive consequences. The final two chapters employ theological and philosophical investigation to achieve a contemporary doctrine of natural law that accords with the biblical witness to a loving Creator. These two chapters interact creatively with the thought of St. Thomas Aquinas. The book revives discussion of natural law among biblical scholars while also challenging philosophers and theologians to re-think their accounts of natural law.Less
This book serves as an introduction to natural law theory. The Introduction proposes that natural law theory makes most sense in light of an understanding of a loving Creator. The first chapter then argues the Bible sketches both such an understanding of a loving Creator and an account of natural law that offers an expansive portrait of the moral life. The second chapter surveys the development of natural law doctrine from Descartes to Nietzsche, and shows how these thinkers reverse the biblical portrait by placing human beings at the center of the moral universe. Whereas the biblical portrait of natural law is other-directed, ordered to self-giving love, the modern accounts turn inward upon the self, with reductive consequences. The final two chapters employ theological and philosophical investigation to achieve a contemporary doctrine of natural law that accords with the biblical witness to a loving Creator. These two chapters interact creatively with the thought of St. Thomas Aquinas. The book revives discussion of natural law among biblical scholars while also challenging philosophers and theologians to re-think their accounts of natural law.
Cheryl Anderson
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195305500
- eISBN:
- 9780199867028
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305500.001.0001
- Subject:
- Religion, Biblical Studies, Theology
The Ten Commandments (Exodus 20) accept slavery, and Deuteronomy 22 requires a single female who has been raped to marry her rapist. Biblical laws, including these two examples, continue to influence ...
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The Ten Commandments (Exodus 20) accept slavery, and Deuteronomy 22 requires a single female who has been raped to marry her rapist. Biblical laws, including these two examples, continue to influence Christian (especially Protestant) attitudes toward women, homosexuals, the poor, as well as those who are from different faiths or racial/ethnic origins. This book argues that such ancient laws and the corresponding contemporary attitudes ignore the harm caused to such groups and fail to consider that these groups may have different, yet valid, perspectives on the meaning of these texts. Specifically, this book argues that the Christian tradition has become inseparable from a privileged male perspective not reflecting the full range of persons found in its faith communities. Furthermore, it is this male norm that has historically established the accepted singular and determinative meaning of any given biblical text. Contemporary controversies about biblical interpretation, then, result from those other groups acknowledging that their realities differ from the putative norm and offering their own interpretations of problematic biblical texts. The book finds that inclusive biblical interpretation and its consideration of these normally excluded perspectives are consistent with the Christian tradition. This work advances support for inclusive interpretation from the Bible (both Old and New Testaments)—from the Protestant tradition itself, based on the writings of Martin Luther, John Calvin, and John Wesley—and from parallels with the interpretation and amendment of the U.S. Constitution.Less
The Ten Commandments (Exodus 20) accept slavery, and Deuteronomy 22 requires a single female who has been raped to marry her rapist. Biblical laws, including these two examples, continue to influence Christian (especially Protestant) attitudes toward women, homosexuals, the poor, as well as those who are from different faiths or racial/ethnic origins. This book argues that such ancient laws and the corresponding contemporary attitudes ignore the harm caused to such groups and fail to consider that these groups may have different, yet valid, perspectives on the meaning of these texts. Specifically, this book argues that the Christian tradition has become inseparable from a privileged male perspective not reflecting the full range of persons found in its faith communities. Furthermore, it is this male norm that has historically established the accepted singular and determinative meaning of any given biblical text. Contemporary controversies about biblical interpretation, then, result from those other groups acknowledging that their realities differ from the putative norm and offering their own interpretations of problematic biblical texts. The book finds that inclusive biblical interpretation and its consideration of these normally excluded perspectives are consistent with the Christian tradition. This work advances support for inclusive interpretation from the Bible (both Old and New Testaments)—from the Protestant tradition itself, based on the writings of Martin Luther, John Calvin, and John Wesley—and from parallels with the interpretation and amendment of the U.S. Constitution.
Jonathan Burnside
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199759217
- eISBN:
- 9780199827084
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199759217.003.0001
- Subject:
- Law, Public International Law
Making sense of biblical law from the distance of the 21st century means being aware of the “presupposition pool” of biblical Israel, especially in relation to law and its social practice. It shows ...
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Making sense of biblical law from the distance of the 21st century means being aware of the “presupposition pool” of biblical Israel, especially in relation to law and its social practice. It shows how biblical law is similar to, and different from, ancient Near Eastern law, whilst also being different from modern law. This means we should be careful not to project a “semantic” reading onto biblical law when a “narrative” reading is more appropriate. The chapter considers how biblical law is integrated into the wider story of God's purposes for Israel and her vocation. It also shows how biblical law is characterized by a strongly didactic function and by sophisticated literary presentation, whilst also being relational, dynamic and an expression of wisdom.Less
Making sense of biblical law from the distance of the 21st century means being aware of the “presupposition pool” of biblical Israel, especially in relation to law and its social practice. It shows how biblical law is similar to, and different from, ancient Near Eastern law, whilst also being different from modern law. This means we should be careful not to project a “semantic” reading onto biblical law when a “narrative” reading is more appropriate. The chapter considers how biblical law is integrated into the wider story of God's purposes for Israel and her vocation. It also shows how biblical law is characterized by a strongly didactic function and by sophisticated literary presentation, whilst also being relational, dynamic and an expression of wisdom.
Jonathan Burnside
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199759217
- eISBN:
- 9780199827084
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199759217.001.0001
- Subject:
- Law, Public International Law
Biblical law has long been seen as the foundational text of Western legal civilization. But what is the real meaning of the lex talionis and what, really, are the Ten Commandments? This book looks at ...
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Biblical law has long been seen as the foundational text of Western legal civilization. But what is the real meaning of the lex talionis and what, really, are the Ten Commandments? This book looks at aspects of law and legality in the Bible, from the patriarchal narratives in the Hebrew Bible through to the trials of Jesus in the New Testament. The book questions the biblical texts from the perspective of an academic lawyer and criminologist, and explores the nature of biblical law, legal thinking, and legal institutions by setting the biblical texts in their literary, social, and theological context. The book sets out the basic theoretical legal propositions on which biblical law rests, including the character of biblical law, covenant, natural law, and ideas of justice. It also explores a number of substantive subject areas including the environment and use of land; social welfare, homicide, vengeance, and theft; marriage and divorce; sexual offences; and the trials of Jesus. The book concludes by considering the ways in which biblical law encourages the development of larger perspectives on law and legal institutions. It sees biblical law as an integration of different instructional genres of the Bible (including wisdom literature) which together expresses a vision of society ultimately answerable to God.Less
Biblical law has long been seen as the foundational text of Western legal civilization. But what is the real meaning of the lex talionis and what, really, are the Ten Commandments? This book looks at aspects of law and legality in the Bible, from the patriarchal narratives in the Hebrew Bible through to the trials of Jesus in the New Testament. The book questions the biblical texts from the perspective of an academic lawyer and criminologist, and explores the nature of biblical law, legal thinking, and legal institutions by setting the biblical texts in their literary, social, and theological context. The book sets out the basic theoretical legal propositions on which biblical law rests, including the character of biblical law, covenant, natural law, and ideas of justice. It also explores a number of substantive subject areas including the environment and use of land; social welfare, homicide, vengeance, and theft; marriage and divorce; sexual offences; and the trials of Jesus. The book concludes by considering the ways in which biblical law encourages the development of larger perspectives on law and legal institutions. It sees biblical law as an integration of different instructional genres of the Bible (including wisdom literature) which together expresses a vision of society ultimately answerable to God.
David P. Wright
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195304756
- eISBN:
- 9780199866830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195304756.003.0001
- Subject:
- Religion, Biblical Studies
This introduction provides an overview to the comparative study of the Covenant Code and Mesopotamian law, particularly the Laws of Hammurabi. It provides a summary of the argument of the book and ...
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This introduction provides an overview to the comparative study of the Covenant Code and Mesopotamian law, particularly the Laws of Hammurabi. It provides a summary of the argument of the book and contrasts the views of other recent academic studies, including those of Eckart Otto, Raymond Westbrook, Ludger Schwienhort-Schönberger, Ralf Rothenbusch, and Bernard Jackson. It also discusses methodological questions and problems arising in the comparative study of Near Eastern law, including similarities as proof of literary borrowing and the "hermaneutics of legal innovation" (as pioneered by Bernard Levinson) or compositional logic of the text.Less
This introduction provides an overview to the comparative study of the Covenant Code and Mesopotamian law, particularly the Laws of Hammurabi. It provides a summary of the argument of the book and contrasts the views of other recent academic studies, including those of Eckart Otto, Raymond Westbrook, Ludger Schwienhort-Schönberger, Ralf Rothenbusch, and Bernard Jackson. It also discusses methodological questions and problems arising in the comparative study of Near Eastern law, including similarities as proof of literary borrowing and the "hermaneutics of legal innovation" (as pioneered by Bernard Levinson) or compositional logic of the text.
Christine Hayes
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691165196
- eISBN:
- 9781400866410
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691165196.003.0007
- Subject:
- Religion, Judaism
This chapter explores a sharply contrasting response to the cognitive dissonance engendered by the incongruity between biblical and classical notions of divine law. This response distinguished ...
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This chapter explores a sharply contrasting response to the cognitive dissonance engendered by the incongruity between biblical and classical notions of divine law. This response distinguished biblical divine law from classical divine law. Far from bridging the gap between the universal law grounded in reason and the particular Mosaic Law grounded in will, this response chose to emphasize it, attributing few or none of the features of classical divine law to biblical Law. Versions of this response in the period under study are found in the Gospels and other New Testament books, especially the letters of Paul, and in subsequent Christian writings. The chapter examines select passages touching on the Law in the writings of Paul as but one example of this response.Less
This chapter explores a sharply contrasting response to the cognitive dissonance engendered by the incongruity between biblical and classical notions of divine law. This response distinguished biblical divine law from classical divine law. Far from bridging the gap between the universal law grounded in reason and the particular Mosaic Law grounded in will, this response chose to emphasize it, attributing few or none of the features of classical divine law to biblical Law. Versions of this response in the period under study are found in the Gospels and other New Testament books, especially the letters of Paul, and in subsequent Christian writings. The chapter examines select passages touching on the Law in the writings of Paul as but one example of this response.
Michael C. Legaspi
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195394351
- eISBN:
- 9780199777211
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195394351.003.0006
- Subject:
- Religion, History of Christianity
This chapter describes Michaelis’s efforts to remake the figure of Moses and reexamine biblical law. Michaelis was not alone among early modern interpreters in wanting to reinterpret the significance ...
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This chapter describes Michaelis’s efforts to remake the figure of Moses and reexamine biblical law. Michaelis was not alone among early modern interpreters in wanting to reinterpret the significance of the great prophet. He portrayed Moses as an enlightened statesman committed to philosophical monotheism, tolerance, and happiness. He also saw Moses as a poetic genius, the author of the book of Job, and a sublime moralist; his portrait of Moses as a classical paragon rested on erudite foundations. Michaelis denied that the Old Testament, as scripture, had any kind of direct relevance or authority in modern life. His work on Moses showed how a scholar could apply the tools of history and philology to remake the biblical tradition and see the value of biblical figures by new, non-confessional lights.Less
This chapter describes Michaelis’s efforts to remake the figure of Moses and reexamine biblical law. Michaelis was not alone among early modern interpreters in wanting to reinterpret the significance of the great prophet. He portrayed Moses as an enlightened statesman committed to philosophical monotheism, tolerance, and happiness. He also saw Moses as a poetic genius, the author of the book of Job, and a sublime moralist; his portrait of Moses as a classical paragon rested on erudite foundations. Michaelis denied that the Old Testament, as scripture, had any kind of direct relevance or authority in modern life. His work on Moses showed how a scholar could apply the tools of history and philology to remake the biblical tradition and see the value of biblical figures by new, non-confessional lights.
BERNARD S. JACKSON
- Published in print:
- 2007
- Published Online:
- January 2012
- ISBN:
- 9780197264010
- eISBN:
- 9780191734946
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264010.003.0018
- Subject:
- Religion, Biblical Studies
The Chronicler attributes to Jehoshaphat of Judah (874–850 BCE) the appointment of royal judges in all the fortified cities of his kingdom, and the establishment of a central court in Jerusalem (2 ...
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The Chronicler attributes to Jehoshaphat of Judah (874–850 BCE) the appointment of royal judges in all the fortified cities of his kingdom, and the establishment of a central court in Jerusalem (2 Chron. 19.5–11). This chapter examines the issue of anachronism from the standpoint of the history of biblical law, and asks whether the Chronicler paints a picture coherent with law as it is likely to have functioned in the ninth century. The problem, however, does not commence in the ninth century. Almost universally, 2 Chron. 19.4–11 is taken to be a ‘judicial reform’, which assumes the existence of a preceding judicial system. Unlike some parts of the ancient Near East, ancient Israel was weakly institutionalized. Regular law courts and applying written rules (and thus assuming the presence of literate personnel) backed by state enforcement was a matter for the future.Less
The Chronicler attributes to Jehoshaphat of Judah (874–850 BCE) the appointment of royal judges in all the fortified cities of his kingdom, and the establishment of a central court in Jerusalem (2 Chron. 19.5–11). This chapter examines the issue of anachronism from the standpoint of the history of biblical law, and asks whether the Chronicler paints a picture coherent with law as it is likely to have functioned in the ninth century. The problem, however, does not commence in the ninth century. Almost universally, 2 Chron. 19.4–11 is taken to be a ‘judicial reform’, which assumes the existence of a preceding judicial system. Unlike some parts of the ancient Near East, ancient Israel was weakly institutionalized. Regular law courts and applying written rules (and thus assuming the presence of literate personnel) backed by state enforcement was a matter for the future.
John Van Seters
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195153156
- eISBN:
- 9780199834785
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195153154.001.0001
- Subject:
- Religion, Biblical Studies
The foundation for all scholarly study in biblical law is the shared assumption that the Covenant Code, as contained in Exodus 20:23–23:33, is the oldest code of laws in the Hebrew Bible and that all ...
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The foundation for all scholarly study in biblical law is the shared assumption that the Covenant Code, as contained in Exodus 20:23–23:33, is the oldest code of laws in the Hebrew Bible and that all other laws are later revisions of that code. This book strikes at that foundation by arguing that those laws in the Covenant Code that are similar to Deuteronomy and the Holiness Code are in fact later than both of these, dependent upon them as sources, and therefore do not constitute the oldest code and cannot be taken as the foundation of Hebrew law. The first chapter reviews the history of research on the Covenant Code that led to the conviction that it was the oldest code and why that view is called into question. In successive chapters, Van Seters defends his radical hypothesis with a systematic comparison of the Covenant Code with the other legal codes and the broader ethical traditions of the Hebrew Bible. The book first examines the legal framework of the Covenant Code, its opening laws and closing epilogue, and the code's place within the narrative of the Sinai pericope. The author next considers the corpus of the code's civil laws in comparison with both the Babylonian law codes and the parallel laws in the other biblical codes. Finally, the laws consisting mostly of humanitarian demands, general religious obligations, and the regulations for Sabbath and festivals are those containing the most parallels with the other biblical codes. From this detailed comparison of laws, Van Seters concludes that the Covenant Code must be placed in the time of the Jews’ Babylonian exile as a code for the diaspora with minimal cultic requirements, strong humanitarian concerns that include social contact with non‐Jews, and laws for a semiautonomous community within the larger imperial rule. The Covenant Code was never an independent legal corpus but was an integral part of the literary work known as the Yahwist. The effect of this reading is to challenge not only the traditional dating of law codes in the Hebrew Bible but also the conventional understanding of the history of ancient Israel.Less
The foundation for all scholarly study in biblical law is the shared assumption that the Covenant Code, as contained in Exodus 20:23–23:33, is the oldest code of laws in the Hebrew Bible and that all other laws are later revisions of that code. This book strikes at that foundation by arguing that those laws in the Covenant Code that are similar to Deuteronomy and the Holiness Code are in fact later than both of these, dependent upon them as sources, and therefore do not constitute the oldest code and cannot be taken as the foundation of Hebrew law. The first chapter reviews the history of research on the Covenant Code that led to the conviction that it was the oldest code and why that view is called into question. In successive chapters, Van Seters defends his radical hypothesis with a systematic comparison of the Covenant Code with the other legal codes and the broader ethical traditions of the Hebrew Bible. The book first examines the legal framework of the Covenant Code, its opening laws and closing epilogue, and the code's place within the narrative of the Sinai pericope. The author next considers the corpus of the code's civil laws in comparison with both the Babylonian law codes and the parallel laws in the other biblical codes. Finally, the laws consisting mostly of humanitarian demands, general religious obligations, and the regulations for Sabbath and festivals are those containing the most parallels with the other biblical codes. From this detailed comparison of laws, Van Seters concludes that the Covenant Code must be placed in the time of the Jews’ Babylonian exile as a code for the diaspora with minimal cultic requirements, strong humanitarian concerns that include social contact with non‐Jews, and laws for a semiautonomous community within the larger imperial rule. The Covenant Code was never an independent legal corpus but was an integral part of the literary work known as the Yahwist. The effect of this reading is to challenge not only the traditional dating of law codes in the Hebrew Bible but also the conventional understanding of the history of ancient Israel.
Michael J. McVicar
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9781469622743
- eISBN:
- 9781469622767
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469622743.003.0004
- Subject:
- Religion, Religious Studies
This chapter discusses how Christian Reconstructionism had grown out of Rushdoony’s hostile relationship with the editors of Christianity Today, most notably Carl F. H. Henry, as he tried to ...
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This chapter discusses how Christian Reconstructionism had grown out of Rushdoony’s hostile relationship with the editors of Christianity Today, most notably Carl F. H. Henry, as he tried to challenge other conservative Christians to see Mosaic law as the antidote to the perceived lawlessness of the 1960s. After failing to create an expedient alliance with businessman and philanthropist J. Howard Pew in an attempt to influence Christianity Today and the neoevangelical coalition it represented, Rushdoony turned his attention to fully articulating his vision of Biblical law as an alternative to the “law and order” discourse emerging among his fellow conservatives. He argued that Biblical law could provide the necessary mechanism to reconstruct America into a neofeudal Protestant state that would eventually usher in Christ’s second coming.Less
This chapter discusses how Christian Reconstructionism had grown out of Rushdoony’s hostile relationship with the editors of Christianity Today, most notably Carl F. H. Henry, as he tried to challenge other conservative Christians to see Mosaic law as the antidote to the perceived lawlessness of the 1960s. After failing to create an expedient alliance with businessman and philanthropist J. Howard Pew in an attempt to influence Christianity Today and the neoevangelical coalition it represented, Rushdoony turned his attention to fully articulating his vision of Biblical law as an alternative to the “law and order” discourse emerging among his fellow conservatives. He argued that Biblical law could provide the necessary mechanism to reconstruct America into a neofeudal Protestant state that would eventually usher in Christ’s second coming.
Bernard S Jackson
- Published in print:
- 2006
- Published Online:
- October 2011
- ISBN:
- 9780198269311
- eISBN:
- 9780191683596
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198269311.001.0001
- Subject:
- Religion, Biblical Studies, Judaism
This book offers fresh perspectives on the nature of biblical law and the methodology we bring to its study. We think of law as rules whose words are binding, used by the courts in the adjudication ...
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This book offers fresh perspectives on the nature of biblical law and the methodology we bring to its study. We think of law as rules whose words are binding, used by the courts in the adjudication of disputes. The book explains that early biblical law was significantly different, and that many of the laws in the Covenant Code in Exodus should be viewed as ‘wisdom-laws’. By this term is meant ‘self-executing’ rules, the provisions of which permit their application without recourse to the law-courts or similar institutions. They thus conform to two tenets of the ‘wisdom tradition’: that judicial dispute should be avoided, and that the law is a type of teaching, or ‘wisdom’.Less
This book offers fresh perspectives on the nature of biblical law and the methodology we bring to its study. We think of law as rules whose words are binding, used by the courts in the adjudication of disputes. The book explains that early biblical law was significantly different, and that many of the laws in the Covenant Code in Exodus should be viewed as ‘wisdom-laws’. By this term is meant ‘self-executing’ rules, the provisions of which permit their application without recourse to the law-courts or similar institutions. They thus conform to two tenets of the ‘wisdom tradition’: that judicial dispute should be avoided, and that the law is a type of teaching, or ‘wisdom’.
David M. Freidenreich
- Published in print:
- 2011
- Published Online:
- May 2012
- ISBN:
- 9780520253216
- eISBN:
- 9780520950276
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520253216.003.0002
- Subject:
- Religion, World Religions
This chapter considers the Hebrew Bible's seemingly nonchalant attitude toward the food of foreigners. The Hebrew Bible emphasizes the distinction between “us” and “them”, and the superiority of ...
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This chapter considers the Hebrew Bible's seemingly nonchalant attitude toward the food of foreigners. The Hebrew Bible emphasizes the distinction between “us” and “them”, and the superiority of Israelite religion over all others. Biblical texts that address dietary laws, moreover, consistently associate these regulations with Israel's distinctive identity. Because Israelites are holy, these texts declare, they must adhere to various norms regarding the consumption of flesh from formerly living creatures. Why, then, do these texts fail to prohibit the consumption of meat prepared by non-Israelites or, for that matter, the practice of eating with non-Israelites? The silence of Biblical law in this respect becomes even more perplexing when narrative references to instances in which Israelites consume food associated with foreigners are examined. The chapter surveys such references before turning its attention to the central question. It concludes with a brief discussion of impurity, a concept whose significance to the present study will become apparent in subsequent chapters.Less
This chapter considers the Hebrew Bible's seemingly nonchalant attitude toward the food of foreigners. The Hebrew Bible emphasizes the distinction between “us” and “them”, and the superiority of Israelite religion over all others. Biblical texts that address dietary laws, moreover, consistently associate these regulations with Israel's distinctive identity. Because Israelites are holy, these texts declare, they must adhere to various norms regarding the consumption of flesh from formerly living creatures. Why, then, do these texts fail to prohibit the consumption of meat prepared by non-Israelites or, for that matter, the practice of eating with non-Israelites? The silence of Biblical law in this respect becomes even more perplexing when narrative references to instances in which Israelites consume food associated with foreigners are examined. The chapter surveys such references before turning its attention to the central question. It concludes with a brief discussion of impurity, a concept whose significance to the present study will become apparent in subsequent chapters.
Aharon Shemesh
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199550234
- eISBN:
- 9780191747199
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550234.003.0014
- Subject:
- Classical Studies, Ancient Religions
Scholars of the Dead Sea Scrolls often compare and contrast ‘sectarian law’ as opposed to ‘biblical law’. This chapter argues that this differentiation was not upheld by Qumran sectarians with regard ...
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Scholars of the Dead Sea Scrolls often compare and contrast ‘sectarian law’ as opposed to ‘biblical law’. This chapter argues that this differentiation was not upheld by Qumran sectarians with regard to the origins and authority of the law. There was no distinction between these areas of law at Qumran; the sectarians believed that all aspects of the law are from God and have the same binding authority. The Damascus Document is the composition in which the distinction between religious and communal law is most visible.Less
Scholars of the Dead Sea Scrolls often compare and contrast ‘sectarian law’ as opposed to ‘biblical law’. This chapter argues that this differentiation was not upheld by Qumran sectarians with regard to the origins and authority of the law. There was no distinction between these areas of law at Qumran; the sectarians believed that all aspects of the law are from God and have the same binding authority. The Damascus Document is the composition in which the distinction between religious and communal law is most visible.
Calum Carmichael
- Published in print:
- 2010
- Published Online:
- October 2013
- ISBN:
- 9780300153774
- eISBN:
- 9780300153781
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300153774.003.0007
- Subject:
- Religion, Religion and Society
This chapter discusses the importance of biblical law on the suspected adulteress. It explains the reasons why the law relating to sexual adulteress has received so much attention. First, the topic ...
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This chapter discusses the importance of biblical law on the suspected adulteress. It explains the reasons why the law relating to sexual adulteress has received so much attention. First, the topic of sexual wrongdoing is always likely to attract interest. Second, with no witness to testify, trials will always involve self-incrimination, which is detrimental from a legal perspective. Third, there has been little or no light shed on what prompts a lawgiver to present the law in the first place. Fourth, from the point of view of comparative law, we find a rule in Hammurabi Code wherein a wife is accused by a husband but there is a lack of evidence, so therefore she has to swear an oath to clear herself.Less
This chapter discusses the importance of biblical law on the suspected adulteress. It explains the reasons why the law relating to sexual adulteress has received so much attention. First, the topic of sexual wrongdoing is always likely to attract interest. Second, with no witness to testify, trials will always involve self-incrimination, which is detrimental from a legal perspective. Third, there has been little or no light shed on what prompts a lawgiver to present the law in the first place. Fourth, from the point of view of comparative law, we find a rule in Hammurabi Code wherein a wife is accused by a husband but there is a lack of evidence, so therefore she has to swear an oath to clear herself.
Eckart Otto
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199550234
- eISBN:
- 9780191747199
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550234.003.0010
- Subject:
- Classical Studies, Ancient Religions
This chapter analyses the transformation of biblical law into Torah in both historical and literary perspective. It traces and illuminates the difficult literary history of Deuteronomy from its ...
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This chapter analyses the transformation of biblical law into Torah in both historical and literary perspective. It traces and illuminates the difficult literary history of Deuteronomy from its beginnings in the Assyrian Period to Hellenistic times. It shows the historical anchor of the earliest parts of Deuteronomy in both the revision of the Covenant Code and in the application of Neo-Assyrian treaty rhetoric to Israel's relationship with Yahweh. As such Deuteronomy has its beginnings in a document of reform during the Josianic period.Less
This chapter analyses the transformation of biblical law into Torah in both historical and literary perspective. It traces and illuminates the difficult literary history of Deuteronomy from its beginnings in the Assyrian Period to Hellenistic times. It shows the historical anchor of the earliest parts of Deuteronomy in both the revision of the Covenant Code and in the application of Neo-Assyrian treaty rhetoric to Israel's relationship with Yahweh. As such Deuteronomy has its beginnings in a document of reform during the Josianic period.
Joshua A. Berman
- Published in print:
- 2017
- Published Online:
- June 2017
- ISBN:
- 9780190658809
- eISBN:
- 9780190675295
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190658809.003.0010
- Subject:
- Religion, Judaism, Religion in the Ancient World
This chapter assesses the state of the field concerning the mechanics of legal revision among the Torah’s four codes of law. Classically, scholars of biblical law assumed that as jurists redrafted ...
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This chapter assesses the state of the field concerning the mechanics of legal revision among the Torah’s four codes of law. Classically, scholars of biblical law assumed that as jurists redrafted these laws, they did so with the intention that their new formulations would supersede the older ones, and that the older versions of the law were thereby denied any authority or standing. However, since the 1990’s some scholars have viewed the biblical law corpora as complementary. For these scholars, the inconsistencies between the various law corpora represent a process of reapplication, not rejection. No study to date has thoroughly measured the arguments for the two approaches. The evidence brought thus far in Part II of this book bolsters the argument for the complementary nature of the inconsistent law collections.Less
This chapter assesses the state of the field concerning the mechanics of legal revision among the Torah’s four codes of law. Classically, scholars of biblical law assumed that as jurists redrafted these laws, they did so with the intention that their new formulations would supersede the older ones, and that the older versions of the law were thereby denied any authority or standing. However, since the 1990’s some scholars have viewed the biblical law corpora as complementary. For these scholars, the inconsistencies between the various law corpora represent a process of reapplication, not rejection. No study to date has thoroughly measured the arguments for the two approaches. The evidence brought thus far in Part II of this book bolsters the argument for the complementary nature of the inconsistent law collections.
Yaacov Deutsch
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199756537
- eISBN:
- 9780199950201
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199756537.001.0001
- Subject:
- Religion, Judaism
This book examines Christian ethnographic writing about the Jews in early modern Europe, offering a systematic historical analysis of this literary genre and arguing its importance for better ...
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This book examines Christian ethnographic writing about the Jews in early modern Europe, offering a systematic historical analysis of this literary genre and arguing its importance for better understanding both the period in general and Jewish–Christian relations in particular. The book focuses on nearly eighty texts from Western Europe (mostly Germany) that describe the customs and ceremonies of the contemporary Jews, containing both descriptions and illustrations of their subjects. It examines books in which Christian authors describe Jewish life and provides new interpretations of Christian perceptions of Jews, Christian Hebraism, and the attention paid by the Hebraist to contemporary Jews and Judaism. Since many of the authors were converts, studying their books offers new insights into conversion during the period. Their work presents new perspectives on the study of religion, developments in the field of anthropology and ethnography, and internal Christian debates that arose from the portrayal of Jewish life. Despite the lack of attention by modern scholars, some of these books were extremely popular in their time and represent one of the important ways by which Jews were perceived during the period. The key claim of the study is that, although almost all of the descriptions of Jewish customs are accurate, the authors chose to concentrate mainly on details that show the Jewish ceremonies as anti-Christian, superstitious, and ridiculous; these details also reveal the deviation of Judaism from the Biblical law. The book suggests that these ethnographic descriptions are better defined as polemical ethnographies and argues that the texts, despite their polemical tendency, represent a shift from writing about Judaism as a religion to writing about Jews, and from a mode of writing based on stereotypes to one based on direct contact and observation.Less
This book examines Christian ethnographic writing about the Jews in early modern Europe, offering a systematic historical analysis of this literary genre and arguing its importance for better understanding both the period in general and Jewish–Christian relations in particular. The book focuses on nearly eighty texts from Western Europe (mostly Germany) that describe the customs and ceremonies of the contemporary Jews, containing both descriptions and illustrations of their subjects. It examines books in which Christian authors describe Jewish life and provides new interpretations of Christian perceptions of Jews, Christian Hebraism, and the attention paid by the Hebraist to contemporary Jews and Judaism. Since many of the authors were converts, studying their books offers new insights into conversion during the period. Their work presents new perspectives on the study of religion, developments in the field of anthropology and ethnography, and internal Christian debates that arose from the portrayal of Jewish life. Despite the lack of attention by modern scholars, some of these books were extremely popular in their time and represent one of the important ways by which Jews were perceived during the period. The key claim of the study is that, although almost all of the descriptions of Jewish customs are accurate, the authors chose to concentrate mainly on details that show the Jewish ceremonies as anti-Christian, superstitious, and ridiculous; these details also reveal the deviation of Judaism from the Biblical law. The book suggests that these ethnographic descriptions are better defined as polemical ethnographies and argues that the texts, despite their polemical tendency, represent a shift from writing about Judaism as a religion to writing about Jews, and from a mode of writing based on stereotypes to one based on direct contact and observation.
T. M. Lemos
- Published in print:
- 2017
- Published Online:
- February 2018
- ISBN:
- 9780198784531
- eISBN:
- 9780191827006
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198784531.003.0003
- Subject:
- Religion, Biblical Studies, Judaism
This chapter argues that women, like foreigners, were subject to having their personhood erased by those who were dominant over them. The chapter begins with an assessment of whether women were ...
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This chapter argues that women, like foreigners, were subject to having their personhood erased by those who were dominant over them. The chapter begins with an assessment of whether women were considered persons in ancient Israel, addressing in detail the issue of whether they were considered to be property. Responding to previous research on this question, the chapter contends that women were treated in the ways they were not because they were the property of their husbands but because they were subordinates, and their subordination had clear physical dimensions. Just as subordinate men were liable to having their personhood erased in certain situations, the position of having dominance over women as husbands and fathers also entailed the ability to erase women’s personhood through violence in cases of transgression.Less
This chapter argues that women, like foreigners, were subject to having their personhood erased by those who were dominant over them. The chapter begins with an assessment of whether women were considered persons in ancient Israel, addressing in detail the issue of whether they were considered to be property. Responding to previous research on this question, the chapter contends that women were treated in the ways they were not because they were the property of their husbands but because they were subordinates, and their subordination had clear physical dimensions. Just as subordinate men were liable to having their personhood erased in certain situations, the position of having dominance over women as husbands and fathers also entailed the ability to erase women’s personhood through violence in cases of transgression.
Joshua A. Berman
- Published in print:
- 2017
- Published Online:
- June 2017
- ISBN:
- 9780190658809
- eISBN:
- 9780190675295
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190658809.003.0006
- Subject:
- Religion, Judaism, Religion in the Ancient World
Scholars of biblical law have long seen the inconsistencies among the law corpora of the Pentateuch as signs of schools and communities in conflict. This chapter offers an introductory foundation for ...
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Scholars of biblical law have long seen the inconsistencies among the law corpora of the Pentateuch as signs of schools and communities in conflict. This chapter offers an introductory foundation for the following five chapters on biblical and ancient Near Eastern law. It demonstrates that the dominant approach to the critical study of biblical law—that is, as statutory law—is based on anachronistic, nineteenth-century notions of how law works and how legal texts are formulated. The chapter traces the history of legal thought in that century, and how it shaped (a better term might be distorted) how we view the ancient legal texts of the Bible and the Near East, and recovers premodern understandings of how law works and how legal texts are to be read in accordance with common-law jurisprudence.Less
Scholars of biblical law have long seen the inconsistencies among the law corpora of the Pentateuch as signs of schools and communities in conflict. This chapter offers an introductory foundation for the following five chapters on biblical and ancient Near Eastern law. It demonstrates that the dominant approach to the critical study of biblical law—that is, as statutory law—is based on anachronistic, nineteenth-century notions of how law works and how legal texts are formulated. The chapter traces the history of legal thought in that century, and how it shaped (a better term might be distorted) how we view the ancient legal texts of the Bible and the Near East, and recovers premodern understandings of how law works and how legal texts are to be read in accordance with common-law jurisprudence.
Joshua A. Berman
- Published in print:
- 2017
- Published Online:
- June 2017
- ISBN:
- 9780190658809
- eISBN:
- 9780190675295
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190658809.003.0009
- Subject:
- Religion, Judaism, Religion in the Ancient World
This chapter highlights a peculiar phenomenon in biblical literature outside of the Pentateuch: a biblical writer will invoke iterations of a given law from two or more of the Pentateuch’s four ...
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This chapter highlights a peculiar phenomenon in biblical literature outside of the Pentateuch: a biblical writer will invoke iterations of a given law from two or more of the Pentateuch’s four corpora. Scholars have assumed that this phenomenon was limited to post-exilic literature, and stemmed from the exigencies of exile and return that created an urgent need to create a vehicle that would grant legitimacy to various communities and their legal traditions. However, the broad array of books in which such legal blending is found mandates us to question whether the legal blend is strictly a literary phenomenon of the post-exilic period. Moreover, the phenomenon obliges us to question the long-standing assumption that diverging iterations of the same law in two (or more) of the Torah’s law corpora are inherently mutually exclusive. Sources: Josh 20:1–9; Judg 6:25–31; 1 Sam 15:2, 1 Sam 28:3–25; 2 Kgs 4:1–7; Jer 34:12–17; Neh 5:1–12.Less
This chapter highlights a peculiar phenomenon in biblical literature outside of the Pentateuch: a biblical writer will invoke iterations of a given law from two or more of the Pentateuch’s four corpora. Scholars have assumed that this phenomenon was limited to post-exilic literature, and stemmed from the exigencies of exile and return that created an urgent need to create a vehicle that would grant legitimacy to various communities and their legal traditions. However, the broad array of books in which such legal blending is found mandates us to question whether the legal blend is strictly a literary phenomenon of the post-exilic period. Moreover, the phenomenon obliges us to question the long-standing assumption that diverging iterations of the same law in two (or more) of the Torah’s law corpora are inherently mutually exclusive. Sources: Josh 20:1–9; Judg 6:25–31; 1 Sam 15:2, 1 Sam 28:3–25; 2 Kgs 4:1–7; Jer 34:12–17; Neh 5:1–12.