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:

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.

Ancient Law

Ancient Law
Author: Henry Sumner Maine
Publisher:
Total Pages: 460
Release: 1906
Genre: Anthropology
ISBN:

Ancient Law

Ancient Law
Author: Henry Sumner Maine
Publisher:
Total Pages: 415
Release: 1870
Genre: Jurisprudence
ISBN:

Ancient Law

Ancient Law
Author: Henry Maine
Publisher: BoD – Books on Demand
Total Pages: 446
Release: 2023-04-17
Genre: Fiction
ISBN: 3368818171

Reprint of the original, first published in 1874.

Ancient Law

Ancient Law
Author: Sir Henry Sumner Maine
Publisher: Routledge
Total Pages: 355
Release: 2017-07-12
Genre: Law
ISBN: 1351531727

Best known as a history of progress, Ancient Law is the enduring work of the 19th-century legal historian Henry Sumner Maine. Even those who have never read Ancient Law may find Maine's famous phrase "from status to contract" familiar. His narrative spans the ancient world, in which individuals were tightly bound by status to traditional groups, and the modern one, in which individuals are viewed as autonomous beings, free to make contracts and form associations with whomever they choose. Maine's dichotomy between status-based societies and contract-based societies is a variation on a theme that has absorbed the social sciences for a century: the distinction between Gemeinschaft (community) and Gesellschaft (society). This theme has been elaborated upon by such eminent scholars as Tonnies, Durkheim, Weber, Simmel, and Parsons. Along with many lesser scholars, they have considered what we gained and what we lost when we left behind a social world held together by communal, primordial bonds, and adopted one based upon impersonal temporary agreements among individuals. Maine wrote Ancient Law to increase knowledge about the internal mechanics of developing societies. He felt a key objective was better understanding of how law develops over time. Failure to understand temporal processes in relation to legal development, he argues, leads to the creation of false dichotomies. The most important of these is the alleged division between the ancient and the modern, which Maine described as an "imaginary barrier" at which modern scholars feel they must stop and go no further. Maine's desire to breach this barrier led him to present this complex and richly nuanced analysis of legal evolution. This book will be of interest to historians, political philosophers, and those interested in the development of law.

Ancient Law

Ancient Law
Author: Henry Summer Maine
Publisher: BoD – Books on Demand
Total Pages: 474
Release: 2022-02-15
Genre: Fiction
ISBN: 3752566612

Reprint of the original, first published in 1867.

Law Not War

Law Not War
Author: Richard Derecktor Schwartz
Publisher: Xlibris Corporation
Total Pages: 296
Release: 2010-08-03
Genre: Law
ISBN: 1664151338

Law is an institution that has evolved and flourished through its 6000-year history. Tracing this history in complex societies from the Ancient Middle East to the contemporary world, this book poses the following question: Can international law become an effective instrument of social control among nations in the emerging world society? To develop effective international law will require minimal standards of inclusiveness and mutual responsibility. International law must be limited in its scope, and in its powers. It also must meet the fundamental requirement of an effective legal system: a widespread belief in its justice and fairness. How has that kind of respect for law come about in earlier societies? And how can it be fostered in the evolution of a world legal order?

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

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.

Law, Power, and Justice in Ancient Israel

Law, Power, and Justice in Ancient Israel
Author: Douglas A. Knight
Publisher: Westminster John Knox Press
Total Pages: 330
Release: 2011-01-01
Genre: Religion
ISBN: 0664221440

Using socio-anthropological theory and archaeological evidence, Knight argues that while the laws in the Hebrew Bible tend to reflect the interests of those in power, the majority of ancient Israelites--located in villages--developed their own unwritten customary laws to regulate behavior and resolve legal conflicts in their own communities. This book includes numerous examples from village, city, and cult. --from publisher description

Ancient Law

Ancient Law
Author: H J S Maine
Publisher: Transaction Publishers
Total Pages: 462
Release:
Genre:
ISBN: 1412817234