Biblical Origins of the Law - Part 1
Levi argued that the law is built by example. I would argue that the law is also built, piece by piece on our old cultural notions. Ok, I know that isn't a revolutionary thesis, but it does spur my little research project. Western law, and the common law on which our system is based, grew up over hundreds of years in Christian nations. The Bible formed the basis of society in these feudal theocracies.
So in the interest of having a thorough grounding in this foundation, I've been poring my way through paying close attention to the development of legal institutions (and also finally getting a chance to read through the BIble with adult eyes). And so far, just halfway through Genesis, it's amazing how much we actually find.
First, God makes assorted covenants with man, first with Adam, then later with his descendants, notably Noah and Abraham. Covenants are our first contracts. They set forth rules for interacting, and they lay out penalties (as Adam discovered!). God's covenant with Abraham establishes that his descendants will flourish, in return for their worship. The rite of circumcision is used to prove compliance with the covenant.
Abraham later makes a contract with Azisasomethinglongandhardtoremember that establishes another aspect of the law, property. The two show up, Azzie with his army, and negotiate a pact whereby they respect each others property and decide to live peacefully. Abraham also establishes a claim to a well by giving Azzie some lambs.
Property claims also come up when discussing inheritance. Sarai throws out Hagar and Ishmael fearing that Hagar's son will claim the inheritance. Property claims also don't seem to hold up terribly well. God grants lands to his followers, irrespective of the claims of previous settlers. No mention is made (as of yet) of what happens when you move in and take other people's land... history would seem to imply that this could cause problems.
Criminal law appears earlier than property, though without any coherent framework. God is angered when Cain murders Abel, and turns him out. However, he warns that any who kill Cain will also be slain. God appears to reserve the right to deal out the death penalty exclusively. Mankind as a whole is condemned during the flood, and Sodom and Gommorah are destroyed for their wickedness, though the sins of none of these groups is ever made clear, except that they are "wicked" or "evil." Lot's wife receives a pretty harsh punishment for looking back on the destruction.
As of yet, criminal law appears to be an arbitrary institution. So far, the crimes worthy of punishment are loss of innocence, "evil," wickedness, gazing on destruction, and premeditated murder. No trials, no examination, and no pre-written set of rules to not violate. Compared to property or contracts, criminal law doesn't seem very advanced.
Thankfully, no appearance of torts yet. Procedure seems to be a bit lacking as well.
[Unfortunately, this is more of an exercise is reading rather than writing. I'm not terribly interested in honing my prose at the moment. it seems like that can only be done with red pens on printouts, not in text boxes on blogger. I have noticed that I have an unusual prediliction toward using the ellipsis that I need to purge.]
Anyway, more to come shortly when we get to Moses and the Commandments (ooh! A written legal code!)
So in the interest of having a thorough grounding in this foundation, I've been poring my way through paying close attention to the development of legal institutions (and also finally getting a chance to read through the BIble with adult eyes). And so far, just halfway through Genesis, it's amazing how much we actually find.
First, God makes assorted covenants with man, first with Adam, then later with his descendants, notably Noah and Abraham. Covenants are our first contracts. They set forth rules for interacting, and they lay out penalties (as Adam discovered!). God's covenant with Abraham establishes that his descendants will flourish, in return for their worship. The rite of circumcision is used to prove compliance with the covenant.
Abraham later makes a contract with Azisasomethinglongandhardtoremember that establishes another aspect of the law, property. The two show up, Azzie with his army, and negotiate a pact whereby they respect each others property and decide to live peacefully. Abraham also establishes a claim to a well by giving Azzie some lambs.
Property claims also come up when discussing inheritance. Sarai throws out Hagar and Ishmael fearing that Hagar's son will claim the inheritance. Property claims also don't seem to hold up terribly well. God grants lands to his followers, irrespective of the claims of previous settlers. No mention is made (as of yet) of what happens when you move in and take other people's land... history would seem to imply that this could cause problems.
Criminal law appears earlier than property, though without any coherent framework. God is angered when Cain murders Abel, and turns him out. However, he warns that any who kill Cain will also be slain. God appears to reserve the right to deal out the death penalty exclusively. Mankind as a whole is condemned during the flood, and Sodom and Gommorah are destroyed for their wickedness, though the sins of none of these groups is ever made clear, except that they are "wicked" or "evil." Lot's wife receives a pretty harsh punishment for looking back on the destruction.
As of yet, criminal law appears to be an arbitrary institution. So far, the crimes worthy of punishment are loss of innocence, "evil," wickedness, gazing on destruction, and premeditated murder. No trials, no examination, and no pre-written set of rules to not violate. Compared to property or contracts, criminal law doesn't seem very advanced.
Thankfully, no appearance of torts yet. Procedure seems to be a bit lacking as well.
[Unfortunately, this is more of an exercise is reading rather than writing. I'm not terribly interested in honing my prose at the moment. it seems like that can only be done with red pens on printouts, not in text boxes on blogger. I have noticed that I have an unusual prediliction toward using the ellipsis that I need to purge.]
Anyway, more to come shortly when we get to Moses and the Commandments (ooh! A written legal code!)
