Biblical Law and Human Formation

Abstract

The article aims to show a relationship between biblical law, or Torah, and human formation or spiritual growth. In a sympathetically critical dialogue with Burnside’s God, Justice and Society, and biblical theologians such as G. von Rad, H. H. Schmid, E. Otto and F. Crusemann, it considers the proper human response to law in terms of a vocation to understand the divine ordering of reality. Specific topics addressed include the relationship between “revealed” law and universal knowledge, law and wisdom, biblical law’s capacity to critique cultural norms, and the mandate implicit within biblical law for ongoing reinterpretation, across cultural boundaries.     

Dealing with Tribes and States in Ancient Palestine

This paper offers a critique on state formation theories used in the explanation of the rise of the biblical United Monarchy. The last three decades of archaeological and biblical research have shown that there is no firm evidence for speaking of a kingdom or empire of David and Solomon in ancient Palestine. Thus what is proposed here is to evaluate the archaeological record through the data provided by the ethnological record of the Middle East, keeping the biblical stories apart from this interpretation. The analysis of the dynamics and structure of Middle Eastern “tribal states” and “chiefdom societies”, including here the practice of patronage bonds, gives us important keys for understanding Palestine's societies. The historical perspective that appears then is one different from the Bible's stories and from modern ideas such as “states” and “nations”, offering us instead a better methodology for reconstructing ancient Palestine's historical past.     

“To This Day”: Aetiology,Rhetoric, or Literary Motif?

ABSTRACT

Many biblical stories exhibit an intentional association between “subjective facts” deriving from the narrative and “objective facts” belonging to external historical reality. This article examines stories belonging to the “departure on a journey” pattern which contain references to objective facts which follow a virtually fixed formula and occur at a standard location in the narrative. Both the frequency with which these facts are adduced and their formulaic nature make it difficult to adopt external criteria such as those proposed by either of the two conventional models (aetiological and communication), suggesting rather an inner—literary—link between the two sets of facts.     

The septuagint-version of the book of Joshua

Abstract

After I published a book on the Covenant Code (A Law Book for the Diaspora, 2003), in which I challenged the early dating of CC in comparison with the Deuteronomic Code and the Holiness Code, three leading scholars of biblical law (Bernard Jackson, Bernard Levinson and Eckart Otto) wrote lengthy reviews in which they attacked my views in defense of the status quo, namely, the priority in dating of CC before D and HC. Each from his own perspective and methodology has brought forward his strongest arguments against my “revolutionary” views, so that this response to my critics should represent a fair test as to my views on the Covenant Code and provide biblical scholarship with a means by which to judge the merits of the case.     

Individual vs. collective responsibilty: From the ancient near east and the bible to the Greco‐Roman World

Abstract

The question of individual and collective responsibility and punishment in the Hebrew Bible has been discussed since the 19th century as an important indicator of the changing standards of justice present at different historical periods in ancient Israel. The question, of course, of changing standards of justice based on changing social, religious or political circumstances is itself of interest here. If one has a standard of justice mentioned in one section of the Bible and in another section of the Bible this standard is negated, one is confronting the issue of the mechanism for change of Biblical Law itself. I will for the sake of clarity during this paper be using the standard of “Poqed Avon Avot” as a short marker for individual responsibility. I realize, of course, that it is usually taken as simply intergenerational punishment, but as I will delineate, it was seen from the biblical period through the early medieval period as much more.     

International Peacemaking and the Anti-War Movement

Abstract

This paper contends that biblical law provides guidance about the proper configuration of moral goods and evils, which are often incommensurable, rather than offering a “vision of the good.” It argues that the “good” of creation itself comprises a moral order of goods to which there are many proper responses and investigates how such openness, when combined with a focus upon moral goods, intersects with three aspects of Burnside’s argument in God, Justice, and Society, namely, the role of wisdom, the importance of vocation and the significance of God’s grace.     

DAVID AS A BIBLICAL ‘GOOD-FELLA’ AND ‘THE GODFATHER’

Abstract

Scholars search for analogies with which to better understand biblical texts. David has been compared to the “outlaw”, “refugee”, “vassal”, “renegade”, “guerrilla”, “bandit chief”, “fugitive” and “fugitive hero”. This article suggest that there are better cultural-social analogies, i.e., David as a “goodfellan”while in exile from Saul and in the land of the Philistines, and upon accession to the throne, “The Godfather”.

This article also has, as a part of its purpose, the intent to unmask some of the behavior of David and of monarchy for what they are: essentially organized crime maintained in large part by the use of indiscriminate violence-supported by nonsensical myths and obvious hypocrisy.

Cross-cultural comparisons are made throughout between the David stories, gangster movies and systems of monarchy—especially the ad hoc feudal type. Historical questions aside: The David stories can be “cross-culturally” compared with gangster films as “art”.     

Refraining the Meaning of “Political” in Research with Adolescents

Abstract

The Gettysburg Address contains no direct quotations from the Bible; nevertheless, it is replete with biblical phrases and themes. Lincoln, who had an intimate and thorough knowledge of the King James Bible, used the Bible in ways essential to the mission and message of his brief address delivered on November 19, 1863, at the dedication of a national cemetery at Gettysburg. The unifying theme of his speech was the conception, birth, and death of the nation, which parallels the life of Jesus as recounted in the New Testament. This theme climaxes with the nation's “new birth of freedom,” secured through the sacrifice of the Civil War, especially through the shed blood and death of the “brave men” on Gettysburg's battlefield. Lincoln invoked biblical cadences, phrases, and themes to solemnify the occasion for his speech and to infuse the great sacrifice of the dead and wounded with profound meaning.     

Abducted Wives: A Hellenistic Narrative in Judges 21?

the author suggests the possibility that Judges 13-16, 17-21, and 2 Samuel 21-23 may have been added to the Deuteronomistic History in the late Persian or Hellenistic period, for this literature shows continuity with Greek literature. In particular, the author traces the similarities between the biblical account of the “Abduction at Shiloh” in Judges 21 with the account of the “Rape of the Sabine Women” found in Livy and Plutarch. Though the biblical author lived before these classical authors, the biblical author may have known an earlier version of the tale, as demonstrated by at least twelve plot similarities between the narratives.     

Friendship with God: Old Testament and Ancient Near Eastern Perspectives

ABSTRACT

Some commentators viewed Qohelet as a misogynist and advo-cate of promiscuity. Our understanding of the pertinent texts (7,23–29 and 9,9) indicates that he is neither. This understanding rests on reading in v. 27 ??? ????? ?????? “a woman that was unafraid” instead of ??????? ?????; in v. 28 ???????? “instructs” instead of ????????; and, in v. 29 ?????? “he should rule” instead of ???????. Qohelet's philosophical opinions are rooted in the normative Jewish tradition and precepts of Near East wisdom, which respect well-established societal institutions. In Qoh 7,23–29 and 9,9 he presents normative biblical thinking, without breaking any new ground.     

Mens rea,the Achilles’ Heel of Criminal Law

Abstract

The evolution of criminal law in Western legal systems is often portrayed as a path leading from objective to subjective notions of criminal responsibility. By examining the historical development of the notions of subjective responsibility, this article suggests that the function of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attributing criminal responsibility, remains much the same today as it was in antiquity. This is indicated by what subjectivity, as an essential condition of culpability (actus non facit reum nisi mens sit rea), is said to imply: the distinction between intentional and unintentional acts. Although the notions of intent and malice aforethought are attested to in various sources on ancient Athenian law, there are several kinds of cases in which the role played by these aspects—traditionally referred to as mens rea (“guilty mind”)—remain unsolved in contemporary jurisprudence and legal practice. Yet despite the difficulties of establishing facts in particularly complex criminal cases, setting the boundary between “intentional” and “unintentional” remains crucially important in determining criminal responsibility and thus in distinguishing the “licit” from the “illicit,” which is the very foundation of the rule of law.     

A Note on the Meaning of Ḥamas in Ezekiel

ABSTRACT

The entries for ?amas in the biblical lexicons read “violence, wrong”; “treat violently”; or “theft, exploitation, social oppression;” namely, this word is understood as referring to the social sphere. On this basis, in the usual exegesis of the verses in which it appears in Ezekiel, ?amas is understood to refer to social violence. I suggest, however, that a closer examination of each of the seven occurrences of this term in Ezekiel indicates that it refers to the sins of the people that led to the destruction of the Temple—including idolatry and bloodshed—and that Ezekiel utilized and adjusted this pentateuchal concept to his prophetic needs.     

Archaeology and the Bible Revisited: A Review Article

David and Solomon, a new book by Israel Finkelstein and Niels Asher Silberman, through their discussion of Palestinian archaeology's current understanding, proposes to provide evidence to prove the accuracy of Frank Cross's more than 30 year old revision of Martin Noth's theory of a “Deuteronomistic History.” The authors attempt to confirm the history of the redaction of the biblical narratives about Saul, David and Solomon, involving seven distinct oral and four written strata of tradition. Their argument moreover claims the warrant to assert the historicity of each of these legendary kings of Israel. The present article argues to the contrary that the “archaeological evidence” proposed does not support such a redaction history nor establish the historicity of either the biblical figures or their stories, but that the harmony of biblical and archaeological issues is circular and illegitimate by the standards of historical research. It argues, moreover, that the claim of an oral tradition, reflecting original memories of an historical David or Saul is an entirely unnecessary and unlikely explanation for the origins of both the figures and their tales in the stories of 1-2 Samuel and 1 Kings. It moreover argues that the hypothesis of a redaction history in a succession of four cumulative revisions, beginning in the eighth century and completed in the sixth to fourth century, BCE—lacking as it does reference to a readable text—is neither critical nor falsifiable. Finally, Finkelstein and Silberman's book is judged as an unsuccessful attempt to return to the methods of “biblical archaeology” that were legitimately impeached in the mid-1970s.     

How Christianity Won the World

ABSTRACT

This article traces the ideology that allowed Christian civilization to conquer the world. It opens with a view of biblical “national” foundation myths, the Exodus and the Babylonian Exile, and shows how this ideology also allowed for ethnic cleansing, if not genocide, and how those played a dominant role in the mind of western Christians who simply adopted the biblical attitude to foreign nations as their own. A changing perspective including a not so historically dominated reading of the Bible may put an end to the western idea of a God given right to oppress all the nations of the world.     

At the End Returning to Questions of Beginnings

Abstract

This article engages directly with Jonathan Burnside and raises a set of further questions concerning how we read biblical law and the manner in which we might endeavor to teach it in the context of the critical and/or secular classroom. Respecting the wide-scope of Burnside’s approach and material covered, further attention to the historical and cultural contexts of biblical law, as well as a more transparent presentation of its complexity, allows us to be responsible readers of biblical law, appreciating its theological and legal sophistication.     

Interrogating Neoconservative Religion

Abstract

Richard John Neuhaus had a stronger basis than most neoconservatives for claiming a theological kinship with Reinhold Niebuhr, but Niebuhr was not a neoconservative or a culture warrior, and Niebuhr did not claim a moral consensus for his concept of “biblical religion.”     

Ireland’s eternal Easter: Sorley MacLean and 1916

Abstract

This essay examines the treatment of the 1916 Easter Rising by Scottish Gaelic poet Sorley MacLean. From his early work onwards, the Rising assumes a mythical significance in MacLean’s poetry. Throughout, this aetheistic, socialist poet uses rhetoric borrowed from the Gaelic Christian tradition to present the rebels of 1916 as exemplary secular martyrs. James Connolly plays a crucial role as the Scottish son of Irish immigrants. MacLean’s later praise poem for Connolly, “Àrd-Mhusaeum na h-Èireann”, deploys biblical rhetoric to present the Rising as an act of ritual sacrifice, recalling Patrick Pearse’s “Fornocht do Chonaic Thu”. MacLean’s valorisation of violence takes place against the backdrop of the modern Troubles, and prompts a reassessment of the political legacy of his poetry.     

“An Ægyptian darknesse”: pagan chronologies,historia sacra,and the hieroglyph in England, 1646-1690

ABSTRACT

In this article I consider the depiction of the Egyptian hieroglyph in several seventeenth-century English religio-historiographical works that engage with the problems posed by the Egyptian dynastic records – records that challenged the validity of biblical chronology. Critical tradition has been keen to view the hieroglyph in the context of esoteric European scholarship, while scholarship on the English Enlightenment has tended to overlook the importance of religious motivations in “secular” intellectual projects. I show here, however, that some of the first apparently “secular” approaches to the hieroglyphs in England were not in works that espoused proto-Enlightenment linguistics or other intellectual ideals, but in religiously-motivated projects that, seeking to buttress sacred history and the primacy of the Judaic tradition against the threat of pagan chronologies, aimed to discredit the hieroglyph as an icon of pagan learning.