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LAW

LAW. Law is an index of a civilization which reflects the underlying value concepts inherent within that civilization. Shalom Paul. Law in Ancient Near East. Mesopotamia- probably cradle of law.

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LAW

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  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 46:28; Exodus 15:25; Job 36:22 • 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 31:24-26) • Whole Pentateuch/OT as whole becomes called Torah • Scribes: from copiers to authorities to interpreters

  6. Larger law collections • Book of the Covenant: Exodus 20:22-23:33- 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’ • Mēsharum: ‘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 mēsharum 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 mēsharum 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 God’s 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 couldn’t read. • Kept in Temple, not read to people.

  13. Characteristics of biblical law • Law relates to divine will, so crime and sin are the same • All of life relates to God’s will :Civil life –Law; Moral life—Wisdom; Religious life—Cult • God is the legislator • Mesopotamia: responsibility lies with king; Israel: entire body receives the law

  14. Characteristics of biblical law (cont.) • Mesopotamia: law is for the use of the gods; Israel: law is publicly proclaimed • Law is the teaching resource for the people • Humans are sacred • Life-for-life (Lex talionis) • All are in God’s image- all equal before the law. No-one is above the law; no-one is below the law. • Sole exception is the slave- still protected, still human

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