By Daisy Yulin Tsai
The humanitarian issues of the biblical slave legislation and their rhetorical concepts hardly obtain scholarly recognition, specifically the 2 slave legislation in Deuteronomy. earlier experiences that in comparison the biblical and the ANE legislation centred totally on their similarities and constructed theories of direct borrowing. This overlooked the truth that criminal transplants have been universal in historic societies. This examine, against this, goals to spot similarities and dissimilarities so one can pursue an knowing of the underlying values promoted inside those slave legislation and the pursuits they secure. to take action, definite leading edge methodologies have been utilized. The biblical legislation tested current various felony strategies that distinction to the ANE techniques: (1) all brokers are considered as people and may be handled as a result, and (2) all felony topics are noticeable as unfastened, dignified, and self-determining humans. furthermore, the biblical legislation usually distinguish an offender’s “criminal intent,” wherein a criminal’s rights also are thought of. in line with those beneficial properties, the biblical legislation may be able to articulate YHWH’s humanitarian issues and the fundamental innovations of human rights awarded in Deuteronomy.
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Additional info for Human Rights in Deuteronomy: With Special Focus on Slave Laws
Weinfeld, Deuteronomy 1 – 11 (New York: Doubleday, 1991), 2– 9; idem, Deuteronomy and Deuteronomic School (Winona Lake: Eisenbrauns, 1992), 59 – 157. Kitchen, On the Reliability of the Old Testament, 283–284. Kitchen emphasizes that “[w]e do not possess an official copy or formal text of the actual covenant itself, but only presentations of the enactment of that covenant (with considerable sections of its contents) at Sinai (in Exodus-Leviticus), and of the enactment of renewals of it both in the plains of Moab forty years later (extensively in Deuteronomy) and in Canaan soon afterward (Josh.
It is also quite possible that some of these laws might tateuch: the Phenomenon of Combined Discourse,” JBL 126, no. 2 (2007): 231– 249; idem, Reading Law as Narrative: A Study in the Casuistic Laws of the Pentateuch (Atlanta: Society of Biblical Literature, 2010); Chaya Halberstam, “The Art of Biblical Law,” Prooftexts 27, no. 2 (2007): 345 – 364, see specially 360 – 361, n. 6. ” 36. Watson, Legal Transplants, 25. By focusing on the role of law as a culture-shaping force, F. Deng shows how distorting it is to treat law as a mirror and register of social power.
E. ” Eugene Rostow, The Sovereign Prerogative: The Supreme Court and the Quest for Law (Westport: Greenwood, 1962), 141. Watson, Legal Transplants, 8, quoting S. F. C. Milsom, Historical Foundations of the Common Law (London: Butterworths, 1969), ix. Some comparative law scholars disagree with Watson’s theory of legal transplants, while many still embrace and develop Watson’s proposal. See Pierre Legrand, “The Impossibility of ‘Legal Transplants’,” Maastricht J. European and Comparative Law 4 (1997): 111– 124.