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The practice of law in ancient Israel was ideally to combine all of the above: to channel the wisdom and justice of YHWH, to conform to precedent or tradition as much as possible, and to promote a moral vision that would lead to harmony within Israelite families, clans, and communities. 28.
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The casuistic laws spelled out penalties for offenses, including many relating directly to commerce, especially in the case of liability for loss or injury. The so-called lex talionis , which also appears in Leviticus 24:17-21 and Deuteronomy 19:16-21, is central to the concept of retribution. [1]
- Slavery and The Law
- Consequences of Violence
- Other Laws
We cannot comment on all these laws, but can discuss a few illustrative cases. The first issue raised may surprise the reader in the context of the exodus: “when you buy a Hebrew slave. . . .” If Israel had its origin in liberation from slavery, how could buying a Hebrew slave be condoned? But in fact slavery is taken for granted, and remains a pro...
In general, the laws of Exodus stand in the legal tradition of the ancient Near East. The classic example is the case of the ox that gores (Exod 21:28). Laws on this subject are found in the codes of Eshnunna (§§53-54) and Hammurabi (§§250-51) in the early second millennium B.C.E. The Mesopotamian codes differ from the biblical one in placing great...
Several other laws require a brief comment. Exodus 22:16 stipulates that if a man seduces a virgin, he must pay the bride-price for her and make her his wife. The woman is not consulted as to her feelings. The issue is primarily an economic one. A woman who has been defiled would not be able to find another husband (compare the story of the rape of...
Two types of law are noted in the Hebrew law codes: (1) casuistic, or case, law, which contains a conditional statement and a type of punishment to be meted out; and (2) apodictic law, i.e., regulations in the form of divine commands (e.g., the Ten Commandments). The following Hebraic law codes are incorporated in the Old Testament: (1) the ...
- The Editors of Encyclopaedia Britannica
Biblical law is primarily casuistic: if–then clauses which are each mini hypothetical narratives, posing a tense protasis and concluding with an appropriate, and often satisfying, resolution.56 Assnat Bartor describes them in narratological terms: The outstanding poetic accomplishment that is reflected in the casuistic laws is the production ...
- Chaya Halberstam
Access Israel Law Reports This Hein module includes the Israel Law Reports from1948-2010 (Title Varies: Vols. 1-10 (1948-1993) as Selected Judgments of the Supreme Court of Israel). Also available areVols. 1-47#2 (1966-2014) of the Israel Law Review.
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Sep 1, 2009 · The middle section of the Covenant Code, nearly two chapters in length (21:2–22:19), consists of laws formulated mostly in casuistic form. 1 Close This matches the genre of the central body of laws in the Laws of Hammurabi. This general correlation has been noted by scholars ever since the discovery of LH at the beginning of the twentieth century.
