by jimwalton » Sun Oct 31, 2021 6:03 pm
Your comment shows that you have probably missed the whole point. "Law" to them didn't mean prescriptive rules and regulation, or legislation to be followed. That's what law means to US. "Law" to them meant "instruction." The ancient Near East is a non-legislative society; legal structure is not based on written documents or prescriptive legislation. The Hammurabi collection, for instance, is a listed example of his verdicts, held up as models from a wise judge. In other words, they are not lists of rules with accompanying consequences. The ancient codes never attempt to be exhaustive or comprehensive, because that was not their purpose. Ancient “lawyers” never rested on previous cases or precedent. Ancient litigants didn’t want the judge to use a book or rules, constraints, and precedents to make his decisions. Instead, they expected a judge to use his intuitions, values, morality, and wisdom. They knew nothing of "law" the way we define it, understand it, and use it. As I quoted, the Torah is never relied on as a legal, normative basis for judicial rulings. Rather, it was intended to give the king/judge wisdom to do his job. The term never refers to codified legislation, which is what I presume you mean by "law."
The Hebrews didn't have a term for "law" meaning what ours means. All their different synonyms represent different aspects of what we would call "law," but for them, there was no such thing as prescriptive legislation.
Torah = instruction, insights
Mishpat = Rights
Mitsyot = Obligations
Chuqqot = Decrees, directives
Your comment shows that you have probably missed the whole point. "Law" to them didn't mean prescriptive rules and regulation, or legislation to be followed. That's what law means to US. "Law" to them meant "instruction." The ancient Near East is a non-legislative society; legal structure is not based on written documents or prescriptive legislation. The Hammurabi collection, for instance, is a listed example of his verdicts, held up as models from a wise judge. In other words, they are not lists of rules with accompanying consequences. The ancient codes never attempt to be exhaustive or comprehensive, because that was not their purpose. Ancient “lawyers” never rested on previous cases or precedent. Ancient litigants didn’t want the judge to use a book or rules, constraints, and precedents to make his decisions. Instead, they expected a judge to use his intuitions, values, morality, and wisdom. They knew nothing of "law" the way we define it, understand it, and use it. As I quoted, the Torah is never relied on as a legal, normative basis for judicial rulings. Rather, it was intended to give the king/judge wisdom to do his job. The term never refers to codified legislation, which is what I presume you mean by "law."
The Hebrews didn't have a term for "law" meaning what ours means. All their different synonyms represent different aspects of what we would call "law," but for them, there was no such thing as prescriptive legislation.
Torah = instruction, insights
Mishpat = Rights
Mitsyot = Obligations
Chuqqot = Decrees, directives