The Authority of Law in the Hebrew Bible and Early Judaism

The Authority of Law in the Hebrew Bible and Early Judaism
Author: Jonathan Vroom
Publisher: BRILL
Total Pages: 263
Release: 2018-09-11
Genre: Religion
ISBN: 9004381643

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In The Authority of Law in the Hebrew Bible and Early Judaism, Vroom tracks the emergence of legal obligation in early Judaism. He draws from legal theory to develop a means of identifying instances in which ancient interpreters treated a legal text as a source of binding obligation.

The Crown and the Courts

The Crown and the Courts
Author: David C. Flatto
Publisher: Harvard University Press
Total Pages: 380
Release: 2020-11-10
Genre: Law
ISBN: 0674249585

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A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers. The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born. During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance. The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.

Sovereign Authority and the Elaboration of Law in the Bible and the Ancient Near East

Sovereign Authority and the Elaboration of Law in the Bible and the Ancient Near East
Author: Dylan R. Johnson
Publisher: Mohr Siebeck
Total Pages: 383
Release: 2020-08-04
Genre: Religion
ISBN: 3161595092

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Five Pentateuchal texts (Lev 24:10-23; Num 9:6-14; Num 15:32-36; Num 27:1-11; Num 36:1-12) offer unique visions of the elaboration of law in Israel's formative past. In response to individual legal cases, Yahweh enacts impersonal and general statutes reminiscent of biblical and ancient Near Eastern law collections. From the perspective of comparative law, Dylan R. Johnson proposes a new understanding of these texts as biblical rescripts: a legislative technique that enabled sovereigns to enact general laws on the basis of particular legal cases. Typological parallels drawn from cuneiform and Roman law illustrate the complex ideology informing the content and the form of these five cases. The author explores how latent conceptions of law, justice, and legislative sovereignty shaped these texts, and how the Priestly vision of law interacted with and transformed earlier legal traditions.

Fixing God's Torah

Fixing God's Torah
Author: B. Barry Levy
Publisher: Oxford University Press
Total Pages: 256
Release: 2001-11-08
Genre: Bibles
ISBN: 0198032366

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The Hebrew text of the Torah has never been finalized down to the last letter. This is important not least because Jewish law requires that Torah scrolls read publicly in the synagogue be error-free. Jewish scribes, scholars, and legal authorities have sought to overcome or narrow these differences, but to this day have not completely succeeded in doing so. This book offers an in-depth study of how rabbinic leaders of the past two millennia have dealt with questions about the text's accuracy, presenting numerous authoritative rabbinic sources, many translated here for the first time.

Law, Authority, and Interpretation in the Ancient World

Law, Authority, and Interpretation in the Ancient World
Author: Jonathan Vroom
Publisher:
Total Pages:
Release: 2017
Genre: Authority
ISBN:

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This study draws from legal theory to help identify a development in the authority of written law that took place in early Judaism. Since the discovery of the so-called ‘Code’ of Hammurabi, Assyriologists generally agree that the ancient Near Eastern law collections did not function as binding law. The tens of thousands of legal records preserved indicate that the practice of law operated independently from the written codes. Consequently, scholars have been grappling with the question of when written law came to be treated as legally binding. Rather than starting with the question of when law became binding, however, this study begins by asking the question of what it means for law to be binding. Furthermore, drawing from legal theory, it develops a method for identifying instances in which legal texts were treated as binding by ancient interpreters. This study claims that when a written directive is treated as law, it produces a unique normative effect within its addressees. This normative effect can be identified by the manner in which the legal text is interpreted; when a text is being treated as binding law, its interpreters will treat it in a unique and identifiable way. Drawing from Joseph Raz’s Preemption Thesis, and Lon Fuller’s inner morality of the law, this study develops seven criteria for determining when a text is being treated as legally binding by an ancient interpreter. The bulk of this study applies these criteria to four instances of legal interpretation in early Jewish sources: 1) the Temple Scroll’s interpretation of the Torah’s Day of Atonement laws; 2) The Samaritan Pentateuch’s interpretive rewriting of a series of laws from the Pentateuch, particularly the goring ox laws of Exodus 21:28–37; 3) the interpretive reformulations of the Qumran penal codes from the Dead Sea scrolls’ rule texts; 4) the depiction of Torah-obedience in Ezra 9–10, Nehemiah 8:13–18, and Nehemiah 10. In the end, this study concludes that the scribes responsible for the interpretations of the Torah in the Temple Scroll and the Samaritan Pentateuch viewed the Torah’s laws as a source of binding obligation. By contrast, the scribes responsible for the changes to the Qumran penal codes did not view the rule texts as binding law. Finally, although the community depicted in the Ezra-Nehemiah Torah-obedience narratives viewed the Torah as legally binding, they did not interpret it as such. Rather, they relied on the expert in the law to make Torah declarations, rather than relying on text-interpretive consultation of the text. While these conclusions do not fully determine when written law came to be viewed as legally binding, they provide an important first step, and lay the methodological foundation for future study.

Law and Ethics in Early Judaism and the New Testament

Law and Ethics in Early Judaism and the New Testament
Author: Stephen Westerholm
Publisher: Mohr Siebeck
Total Pages: 460
Release: 2017-10-20
Genre: Religion
ISBN: 9783161551338

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Pious Jews of the Second Temple period sought to conform their lives to Torah, the law God had given Israel. Their different sects disagreed, however, on how to interpret particular laws and even on the question of who had the authority to interpret them. Jesus and his earliest followers, while focusing primarily on what they believed God was doing in their own day, were repeatedly confronted with issues raised by its relation to God's prior revelation in Torah. This volume contains studies by Stephen Westerholm devoted to the meaning and place of Torah in Early Judaism as well as to New Testament understandings, particularly those of the gospels and Pauline literature. Attention is also given to the "New Perspective on Paul," to recent discussions of justification and Paul's relation to Judaism, and to aspects of the transmission of Jesus tradition among his earliest followers.

The Cambridge Companion to Judaism and Law

The Cambridge Companion to Judaism and Law
Author: Christine Hayes
Publisher: Cambridge University Press
Total Pages: 439
Release: 2017-02-17
Genre: Law
ISBN: 1107036151

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The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.

Theory and Practice in Essene Law

Theory and Practice in Essene Law
Author: Aryeh Amihay
Publisher: Oxford University Press
Total Pages: 257
Release: 2017
Genre: History
ISBN: 0190631015

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This book offers a novel approach for the study of law in the Judean Desert Scrolls, using the prism of legal theory. Following a couple of decades of scholarly consensus withdrawing from the "Essene hypothesis," it proposes to revive the term, and suggests employing it for the sectarian movement as a whole, while considering the group that lived in Qumran as the Yahad. It further proposes a new suggestion for the emergence of the Yahad, based on the roles of the Examiner and the Instructor in the two major legal codes, the Damascus Document and the Community Rule. The understanding of Essene law is divided into concepts and practices, in order to emphasize the discrepancy between creed, rhetoric, and practices. The abstract exploration of notions such as time, space, obligation, intention, and retribution, is then compared against the realities of social practices, including admission, initiation, covenant, leadership, reproof, and punishment. The legal analysis yields several new suggestions for the study of the scrolls: first, Amihay proposes to rename the two strands of thought of Jewish law, formerly referred to as "nominalism" and "realism," with the terms "legal essentialism" and "legal formalism." The two laws of admission in the Community Rule are distinguished as two different laws, one of an association for a group as a whole, the other as an admission of an individual. The law of reproof is proven to be an independent legal procedure, rather than a preliminary stage of prosecution. The methodological division in this study of thought and practice provides a nuanced approach for the study of law in general, and religious law in particular.

What's Divine about Divine Law?

What's Divine about Divine Law?
Author: Christine Hayes
Publisher: Princeton University Press
Total Pages: 430
Release: 2017-05-09
Genre: History
ISBN: 0691176256

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How ancient thinkers grappled with competing conceptions of divine law In the thousand years before the rise of Islam, two radically diverse conceptions of what it means to say that a law is divine confronted one another with a force that reverberates to the present. What's Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition—Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis—struggled to make sense of this conflicting legacy. Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West. A stunning achievement in intellectual history, What's Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture.