Author: Meir Malul
Publisher:
ISBN:
Category : Cuneiform inscriptions
Languages : en
Pages : 536
Book Description
Studies in Mesopotamian Legal Symbolism
Author: Meir Malul
Publisher:
ISBN:
Category : Cuneiform inscriptions
Languages : en
Pages : 536
Book Description
Publisher:
ISBN:
Category : Cuneiform inscriptions
Languages : en
Pages : 536
Book Description
Symbols of Law
Author: Åke Viberg
Publisher: BoD - Books on Demand
ISBN: 9188906132
Category : Religion
Languages : en
Pages : 222
Book Description
This analysis deals with Old Testament law in the form of legal symbolic acts, defined as non-verbal acts which fulfil a legal function when performed under the proper circumstances and when the legal function is different from the physical result of the act. Legal symbolic acts belong to customary law. Since the customary law of ancient Israel is not as well-known as the codified law, these acts provide important information regarding the customary law of ancient Israel. Legal symbolic acts are also conventional, i.e., they are not so much dependent upon their performance for their meaning as upon the general agreement attached to the acts by those who form the surrounding socio-cultural context. This invites a contextual approach to the texts in which the acts are described. Such a contextual approach also restricts the use of comparative material to an illustrative function. Only when the literary context cannot be used to conclude whether it is a case of a legal symbolic act or not, will the comparative material be used in a further, explanatory sense. The analysis focuses on the three aspects of performance, legal function, and historical explanation, and includes the following acts: raising the hand, shaking the hand, putting the hand under the thigh, walking through a divided animal, sharing a meal, piercing the ear of a slave, anointing the head with oil, grasping the horns of the altar, transferring the mantle, covering a woman with the mantle, removing the sandal, and putting a child on the knees.
Publisher: BoD - Books on Demand
ISBN: 9188906132
Category : Religion
Languages : en
Pages : 222
Book Description
This analysis deals with Old Testament law in the form of legal symbolic acts, defined as non-verbal acts which fulfil a legal function when performed under the proper circumstances and when the legal function is different from the physical result of the act. Legal symbolic acts belong to customary law. Since the customary law of ancient Israel is not as well-known as the codified law, these acts provide important information regarding the customary law of ancient Israel. Legal symbolic acts are also conventional, i.e., they are not so much dependent upon their performance for their meaning as upon the general agreement attached to the acts by those who form the surrounding socio-cultural context. This invites a contextual approach to the texts in which the acts are described. Such a contextual approach also restricts the use of comparative material to an illustrative function. Only when the literary context cannot be used to conclude whether it is a case of a legal symbolic act or not, will the comparative material be used in a further, explanatory sense. The analysis focuses on the three aspects of performance, legal function, and historical explanation, and includes the following acts: raising the hand, shaking the hand, putting the hand under the thigh, walking through a divided animal, sharing a meal, piercing the ear of a slave, anointing the head with oil, grasping the horns of the altar, transferring the mantle, covering a woman with the mantle, removing the sandal, and putting a child on the knees.
Writing, Law, and Kingship in Old Babylonian Mesopotamia
Author: Dominique Charpin
Publisher: University of Chicago Press
ISBN: 0226101592
Category : History
Languages : en
Pages : 197
Book Description
Ancient Mesopotamia, the fertile crescent between the Tigris and Euphrates rivers in what is now western Iraq and eastern Syria, is considered to be the cradle of civilization—home of the Babylonian and Assyrian empires, as well as the great Code of Hammurabi. The Code was only part of a rich juridical culture from 2200–1600 BCE that saw the invention of writing and the development of its relationship to law, among other remarkable firsts. Though ancient history offers inexhaustible riches, Dominique Charpin focuses here on the legal systems of Old Babylonian Mesopotamia and offers considerable insight into how writing and the law evolved together to forge the principles of authority, precedent, and documentation that dominate us to this day. As legal codes throughout the region evolved through advances in cuneiform writing, kings and governments were able to stabilize their control over distant realms and impose a common language—which gave rise to complex social systems overseen by magistrates, judges, and scribes that eventually became the vast empires of history books. Sure to attract any reader with an interest in the ancient Near East, as well as rhetoric, legal history, and classical studies, this book is an innovative account of the intertwined histories of law and language.
Publisher: University of Chicago Press
ISBN: 0226101592
Category : History
Languages : en
Pages : 197
Book Description
Ancient Mesopotamia, the fertile crescent between the Tigris and Euphrates rivers in what is now western Iraq and eastern Syria, is considered to be the cradle of civilization—home of the Babylonian and Assyrian empires, as well as the great Code of Hammurabi. The Code was only part of a rich juridical culture from 2200–1600 BCE that saw the invention of writing and the development of its relationship to law, among other remarkable firsts. Though ancient history offers inexhaustible riches, Dominique Charpin focuses here on the legal systems of Old Babylonian Mesopotamia and offers considerable insight into how writing and the law evolved together to forge the principles of authority, precedent, and documentation that dominate us to this day. As legal codes throughout the region evolved through advances in cuneiform writing, kings and governments were able to stabilize their control over distant realms and impose a common language—which gave rise to complex social systems overseen by magistrates, judges, and scribes that eventually became the vast empires of history books. Sure to attract any reader with an interest in the ancient Near East, as well as rhetoric, legal history, and classical studies, this book is an innovative account of the intertwined histories of law and language.
Sexuality and Law in the Torah
Author: Hilary Lipka
Publisher: Bloomsbury Publishing
ISBN: 0567681602
Category : Religion
Languages : en
Pages : 344
Book Description
This book examines many of the laws in the Torah governing sexual relations and the often implicit motivations underlying them. It also considers texts beyond the laws in which legal traditions and ideas concerning sexual behavior intersect and provide insight into ancient Israel's social norms. The book includes extended treatments on the nature and function of marriage and divorce in ancient Israel, the variation in sexual rules due to status and gender, the prohibition on male-with-male sex, and the different types of sexualities that may have existed in ancient Israel. The essays draw on a variety of methodologies and approaches, including narrative criticism, philological analysis, literary theory, feminist and gender theory, anthropological models, and comparative analysis. They cover content ranging from the narratives in Genesis, to the laws of Exodus, Leviticus, and Deuteronomy, to later re-interpretations of pentateuchal laws in Jeremiah and texts from the Second Temple period. Overall, the book presents a combination of theoretical discussion and close textual analysis to shed new light on the connections between law and sexuality within the Torah and beyond.
Publisher: Bloomsbury Publishing
ISBN: 0567681602
Category : Religion
Languages : en
Pages : 344
Book Description
This book examines many of the laws in the Torah governing sexual relations and the often implicit motivations underlying them. It also considers texts beyond the laws in which legal traditions and ideas concerning sexual behavior intersect and provide insight into ancient Israel's social norms. The book includes extended treatments on the nature and function of marriage and divorce in ancient Israel, the variation in sexual rules due to status and gender, the prohibition on male-with-male sex, and the different types of sexualities that may have existed in ancient Israel. The essays draw on a variety of methodologies and approaches, including narrative criticism, philological analysis, literary theory, feminist and gender theory, anthropological models, and comparative analysis. They cover content ranging from the narratives in Genesis, to the laws of Exodus, Leviticus, and Deuteronomy, to later re-interpretations of pentateuchal laws in Jeremiah and texts from the Second Temple period. Overall, the book presents a combination of theoretical discussion and close textual analysis to shed new light on the connections between law and sexuality within the Torah and beyond.
Human Rights in Deuteronomy
Author: Daisy Yulin Tsai
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110364425
Category : Religion
Languages : en
Pages : 260
Book Description
The humanitarian concerns of the biblical slave laws and their rhetorical techniques rarely receive scholarly attention, especially the two slave laws in Deuteronomy. Previous studies that compared the biblical and the ANE laws focused primarily on their similarities and developed theories of direct borrowing. This ignored the fact that legal transplants were common in ancient societies. This study, in contrast, aims to identify similarities and dissimilarities in order to pursue an understanding of the underlying values promoted within these slave laws and the interests they protected. To do so, certain innovative methodologies were applied. The biblical laws examined present two diverse legal concepts that contrast to the ANE concepts: (1) all agents are regarded as persons and should be treated accordingly, and (2) all legal subjects are seen as free, dignified, and self-determining human beings. In addition, the biblical laws often distinguish an offender’s “criminal intent,” by which a criminal’s rights are also considered. Based on these features, the biblical laws are able to articulate YHWH’s humanitarian concerns and the basic concepts of human rights presented in Deuteronomy.
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110364425
Category : Religion
Languages : en
Pages : 260
Book Description
The humanitarian concerns of the biblical slave laws and their rhetorical techniques rarely receive scholarly attention, especially the two slave laws in Deuteronomy. Previous studies that compared the biblical and the ANE laws focused primarily on their similarities and developed theories of direct borrowing. This ignored the fact that legal transplants were common in ancient societies. This study, in contrast, aims to identify similarities and dissimilarities in order to pursue an understanding of the underlying values promoted within these slave laws and the interests they protected. To do so, certain innovative methodologies were applied. The biblical laws examined present two diverse legal concepts that contrast to the ANE concepts: (1) all agents are regarded as persons and should be treated accordingly, and (2) all legal subjects are seen as free, dignified, and self-determining human beings. In addition, the biblical laws often distinguish an offender’s “criminal intent,” by which a criminal’s rights are also considered. Based on these features, the biblical laws are able to articulate YHWH’s humanitarian concerns and the basic concepts of human rights presented in Deuteronomy.
Sworn Enemies
Author: C. A. Strine
Publisher: Walter de Gruyter
ISBN: 3110290537
Category : Religion
Languages : en
Pages : 360
Book Description
Sworn Enemies explains how the book of Ezekiel uses formulaic language from the exodus origin tradition – especially YHWH’s oath – to craft an identity for the Judahite exiles. This language openly refutes an autochthonous origin tradition preferred by the non-exiled Judahites while covertly challenging Babylonian claims that YHWH was no longer worthy of worship. After specifying the layers of meaning in the divine oath, the book shows how Ezekiel uses these connotations to construct an explicit, public transcript that denies and mocks the non-exiles’ appeals to a combined Abraham and Jacob tradition (e.g. Ezek 35). Simultaneously, Ezekiel employs the oath’s exodus connotations to support a disguised polemic that resists Babylonian claims that YHWH was powerless to help the exiles. When YHWH swears “as I live” the text goes on to implicitly replace Marduk with YHWH as the deity who controls nations and history (e.g. Ezek 17). Ezekiel, thus, shares the “monotheistic” concepts found in Deutero-Isaiah and elsewhere. Finally, using James C. Scott’s concept of hidden transcripts, the author shows how both polemics cooperate to define a legitimate Judahite nationalism and faithful Yahwism that allows the exiles to resist these threatening “others”.
Publisher: Walter de Gruyter
ISBN: 3110290537
Category : Religion
Languages : en
Pages : 360
Book Description
Sworn Enemies explains how the book of Ezekiel uses formulaic language from the exodus origin tradition – especially YHWH’s oath – to craft an identity for the Judahite exiles. This language openly refutes an autochthonous origin tradition preferred by the non-exiled Judahites while covertly challenging Babylonian claims that YHWH was no longer worthy of worship. After specifying the layers of meaning in the divine oath, the book shows how Ezekiel uses these connotations to construct an explicit, public transcript that denies and mocks the non-exiles’ appeals to a combined Abraham and Jacob tradition (e.g. Ezek 35). Simultaneously, Ezekiel employs the oath’s exodus connotations to support a disguised polemic that resists Babylonian claims that YHWH was powerless to help the exiles. When YHWH swears “as I live” the text goes on to implicitly replace Marduk with YHWH as the deity who controls nations and history (e.g. Ezek 17). Ezekiel, thus, shares the “monotheistic” concepts found in Deutero-Isaiah and elsewhere. Finally, using James C. Scott’s concept of hidden transcripts, the author shows how both polemics cooperate to define a legitimate Judahite nationalism and faithful Yahwism that allows the exiles to resist these threatening “others”.
Economy and Society in Northern Babylonia in the Early Old Babylonian Period (ca. 2000-1800 BC)
Author: Anne Goddeeris
Publisher: Peeters Publishers
ISBN: 9789042911239
Category : History
Languages : en
Pages : 466
Book Description
Early Old Babylonian economy and society are analyzed in this volume. The first part presents all the relevant cuneiform documents published before 2002, about 1200 in number. As far as possible, the texts are situated in their original archival context. A short summary of the content of each of them is given and, if necessary, there is an accompanying discussion of specific problems. Each reconstructed archive is followed by a description of the activities recorded in it and by a study of its protagonists. A family tree is often added to clarify the history of the archive. In the second part of the volume, the data presented in the archival study are integrated in a comprehensive analysis of the early Old Babylonian economy. Aspects of economy, such as land and labor management, trade, crafts and credit are evaluated and situated in their specific historical context.
Publisher: Peeters Publishers
ISBN: 9789042911239
Category : History
Languages : en
Pages : 466
Book Description
Early Old Babylonian economy and society are analyzed in this volume. The first part presents all the relevant cuneiform documents published before 2002, about 1200 in number. As far as possible, the texts are situated in their original archival context. A short summary of the content of each of them is given and, if necessary, there is an accompanying discussion of specific problems. Each reconstructed archive is followed by a description of the activities recorded in it and by a study of its protagonists. A family tree is often added to clarify the history of the archive. In the second part of the volume, the data presented in the archival study are integrated in a comprehensive analysis of the early Old Babylonian economy. Aspects of economy, such as land and labor management, trade, crafts and credit are evaluated and situated in their specific historical context.
Continuity and Innovation in the Aramaic Legal Tradition
Author: Andrew Gross
Publisher: BRILL
ISBN: 9047442229
Category : Religion
Languages : en
Pages : 242
Book Description
Ever since the Elephantine papyri were first published over a century ago, scholars have speculated on the origins of the well-developed legal formularies used in these documents. Since then, many more Aramaic deeds of conveyance both from Elephantine and from elsewhere have been published, especially within the last decade or so. With this expanded text base now available, the time is ripe for a comprehensive re-assessment of these legal formularies. This book endeavors to show that these disparate Aramaic documents, whose chronological scope spans several centuries, form a discrete and coherent tradition. It isolates and identifies the distinctive elements that form the core of this tradition and traces the histories of these elements back through the cuneiform record.
Publisher: BRILL
ISBN: 9047442229
Category : Religion
Languages : en
Pages : 242
Book Description
Ever since the Elephantine papyri were first published over a century ago, scholars have speculated on the origins of the well-developed legal formularies used in these documents. Since then, many more Aramaic deeds of conveyance both from Elephantine and from elsewhere have been published, especially within the last decade or so. With this expanded text base now available, the time is ripe for a comprehensive re-assessment of these legal formularies. This book endeavors to show that these disparate Aramaic documents, whose chronological scope spans several centuries, form a discrete and coherent tradition. It isolates and identifies the distinctive elements that form the core of this tradition and traces the histories of these elements back through the cuneiform record.
From Mesopotamia to the Mishnah
Author: Jonathan S. Milgram
Publisher: Mohr Siebeck
ISBN: 9783161540219
Category : Religion
Languages : en
Pages : 230
Book Description
In this study, Jonathan S. Milgram demonstrates that the transformation of inheritance law from the biblical to the tannaitic period is best explained against the backdrop of the legal and social contexts in which the tannaitic laws were formulated. Employing text and source critical methods, he argues that, in the absence of the hermeneutic underpinnings for tannaitic innovations, the laws were not the result of the rabbinic imagination and its penchant for inventive interpretation of Scripture. Turning to the rich repositories in biblical, ancient near eastern, Second Temple, Greek, Elephantine, Judean desert, and Roman sources, the author searches for conceptual parallels and antecedents as well as formulae and terminology adopted and adapted by the tannaim. Since the tannaitic traditions reflect the social and economic contexts of the tannaitic period - the nuclear family on privatized landholdings in urban centers - the author also considers the degree to which tannaitic inheritance laws may have emerged out of these contexts.
Publisher: Mohr Siebeck
ISBN: 9783161540219
Category : Religion
Languages : en
Pages : 230
Book Description
In this study, Jonathan S. Milgram demonstrates that the transformation of inheritance law from the biblical to the tannaitic period is best explained against the backdrop of the legal and social contexts in which the tannaitic laws were formulated. Employing text and source critical methods, he argues that, in the absence of the hermeneutic underpinnings for tannaitic innovations, the laws were not the result of the rabbinic imagination and its penchant for inventive interpretation of Scripture. Turning to the rich repositories in biblical, ancient near eastern, Second Temple, Greek, Elephantine, Judean desert, and Roman sources, the author searches for conceptual parallels and antecedents as well as formulae and terminology adopted and adapted by the tannaim. Since the tannaitic traditions reflect the social and economic contexts of the tannaitic period - the nuclear family on privatized landholdings in urban centers - the author also considers the degree to which tannaitic inheritance laws may have emerged out of these contexts.
Deuteronomy and the Hermeneutics of Legal Innovation
Author: Bernard M. Levinson
Publisher: Oxford University Press, USA
ISBN: 0195152883
Category : Bible
Languages : en
Pages : 220
Book Description
Positioned at the boundary of traditional biblical studies, legal history, and literary theory, Deuteronomy and the Hermeneutics of Legal Innovation shows how the legislation of Deuteronomy reflects the struggle of its authors to renew late seventh- century Judean society. Seeking to defend their revolutionary vision during the neo-Assyrian crisis, the reformers turned to earlier laws, even when they disagreed with them, and revised them in such a way as to lend authority to their new understanding of God's will. Passages that other scholars have long viewed as redundant, contradictory, or displaced actually reflect the attempt by Deuteronomy's authors to sanction their new religious aims before the legacy of the past. Drawing on ancient Near Eastern law and informed by the rich insights of classical and medieval Jewish commentary, Levinson provides an extended study of three key passages in the legal corpus: the unprecedented requirement for the centralization of worship, the law transforming the old Passover into a pilgrimage festival, and the unit replacing traditional village justice with a professionalized judiciary. He demonstrates the profound impact of centralization upon the structure and arrangement of the legal corpus, while providing a theoretical analysis of religious change and cultural renewal in ancient Israel. The book's conclusion shows how the techniques of authorship developed in Deuteronomy provided a model for later Israelite and post- biblical literature. Integrating the most recent European research on the redaction of Deuteronomy with current American and Israeli scholarship, Levinson argues that biblical interpretation must attend to both the diachronic and the synchronic dimensions of the text. His study, which provides a new perspective on intertextuality, the history of authorship, and techniques of legal innovation in the ancient world, will engage pentateuchal critics and historians of Israelite religion, while reaching out toward current issues in literary theory and Critical Legal Studies.
Publisher: Oxford University Press, USA
ISBN: 0195152883
Category : Bible
Languages : en
Pages : 220
Book Description
Positioned at the boundary of traditional biblical studies, legal history, and literary theory, Deuteronomy and the Hermeneutics of Legal Innovation shows how the legislation of Deuteronomy reflects the struggle of its authors to renew late seventh- century Judean society. Seeking to defend their revolutionary vision during the neo-Assyrian crisis, the reformers turned to earlier laws, even when they disagreed with them, and revised them in such a way as to lend authority to their new understanding of God's will. Passages that other scholars have long viewed as redundant, contradictory, or displaced actually reflect the attempt by Deuteronomy's authors to sanction their new religious aims before the legacy of the past. Drawing on ancient Near Eastern law and informed by the rich insights of classical and medieval Jewish commentary, Levinson provides an extended study of three key passages in the legal corpus: the unprecedented requirement for the centralization of worship, the law transforming the old Passover into a pilgrimage festival, and the unit replacing traditional village justice with a professionalized judiciary. He demonstrates the profound impact of centralization upon the structure and arrangement of the legal corpus, while providing a theoretical analysis of religious change and cultural renewal in ancient Israel. The book's conclusion shows how the techniques of authorship developed in Deuteronomy provided a model for later Israelite and post- biblical literature. Integrating the most recent European research on the redaction of Deuteronomy with current American and Israeli scholarship, Levinson argues that biblical interpretation must attend to both the diachronic and the synchronic dimensions of the text. His study, which provides a new perspective on intertextuality, the history of authorship, and techniques of legal innovation in the ancient world, will engage pentateuchal critics and historians of Israelite religion, while reaching out toward current issues in literary theory and Critical Legal Studies.