LAW

1
LAW

• Law is an index of a civilization which reflects
  the underlying value concepts inherent within
  that civilization.
• Shalom Paul

2
Law in Ancient Near East

• Mesopotamia- probably cradle of law.
• Much legal material from 3rd millennium on law
  collections, legal dictionaries, deeds, letter,
  lawsuits.
• Unifying factor in Mesopotamian civilization

3
TORAH (hrwt)- definition

• Connotations of law in English?
• Hebrew uses of the term Genesis 4628 Exodus
  1525 Job 3622
• Guidance- related to wisdom. How to live life to
  its fullest.
• Positive approach to torah

4
TORAH (cont.)

• Based on the structure of the universe.
• Not arbitrary

5
Development of law

• Single directives seen to have wider application
• Preserved orally and collected- finally written
  down
• Preserved by the priests (Deut 3124-26)
• Whole Pentateuch/OT as whole becomes called Torah
• Scribes from copiers to authorities to
  interpreters

6
Larger law collections

• Book of the Covenant Exodus 2022-2333- oldest
  existing collection
• Deuteronomic Code laws in Deut 12-25
• Holiness Code Leviticus 17-26- ritual and moral
  instructions
• Place of Decalogue- foundation principles rather
  than law

7
ANE legal terminology

• No technical term for law per se.
• 2 terms used
• Kittum truth, justice, correct procedures,
  normal state verb be firm, secure, reliable
• Mesharum justice legal redress of economic
  malfunctions verb go straight prosper
• Impersonal and immutable order (no favorites or
  bribes) with equity and fairness.

8
ANE King and law

• King is to provide justice and fairness.
• Basis for civilized interaction
• Instituted by king, ability comes from Shamash,
  the sun god.
• To Shamash, the magistrate of god and man, whose
  allocated portion is mesharum and to whom kittum
  has been granted as a gift.

9
ANE (continued)

• Law/decision making was entrusted to Shamash from
  higher authority.
• Based on the world-order, called me.
• Elements included godship, the throne, the
  scepter, shepherdship, kingship, priestly office,
  weapons, sexual intercourse, prostitution, law,
  art, music, eldership, falsehood, peace,
  weariness
• Independent of all gods- structure of universe.

10
ANE (continued)

• Actual laws given by the king under his
  authority.
• Shamash gave insights into the truths regarding
  the organization of the universe.
• King judged on ability to show and use this
  insight.
• Laws mainly secular- economics is the main
  thrust.
• Religious laws hardly evident.

11
ANE (continued)

• Never had single, all binding law code for all
  generations (cf. US Constitution)
• Kings enact mesharum to right wrongs observable
  in society.
• Ability to formulate and administer laws has been
  given to the king.

12
Purpose of law

• OT- guidance for living in Gods creation for the
  benefit of ourselves and others.
• ANE- kings list giving laws in parallel with
  temple building activities- both to win favor
  with the gods.
• Written to gods, not people, who couldnt read.
• Kept in Temple, not read to people.

13
Characteristics of biblical law

1. Law relates to divine will, so crime and sin are
   the same
2. All of life relates to Gods will Civil life
   Law Moral lifeWisdom Religious lifeCult
3. God is the legislator
4. Mesopotamia responsibility lies with king
   Israel entire body receives the law

14
Characteristics of biblical law (cont.)

1. Mesopotamia law is for the use of the gods
   Israel law is publicly proclaimed
2. Law is the teaching resource for the people
3. Humans are sacred
4. Life-for-life (Lex talionis)
5. All are in Gods image- all equal before the law.
   No-one is above the law no-one is below the law.
6. Sole exception is the slave- still protected,
   still human