Wisdom-Laws: A Study of the Mishpatim of Exodus 12:1-22:16

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Author: Bernard S. Jackson

ISBN-10: 0198269315

ISBN-13: 9780198269311

Category: Jewish Law

We think of law as rules whose words are binding, used by the courts in the adjudication of disputes. Bernard S. Jackson explains that early biblical law was significantly different, and that many of the laws in the Covenant Code in Exodus should be viewed as "'wisdom-laws." By this term, he means "self-executing" rules, the provisions of which permit their application without recourse to the law-courts or similar institutions. They thus conform to two tenets of the "wisdom tradition": that...

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We think of law as rules whose words are binding, used by the courts in the adjudication of disputes. Bernard S. Jackson explains that early biblical law was significantly different, and that many of the laws in the Covenant Code in Exodus should be viewed as "'wisdom-laws." By this term, he means "self-executing" rules, the provisions of which permit their application without recourse to the law-courts or similar institutions. They thus conform to two tenets of the "wisdom tradition": that judicial dispute should be avoided, and that the law is a type of teaching, or "wisdom".

I. Introduction 1. Models2. Law and WisdomII. The Mishpatim 3. Slavery4. Homicide5. Assault6. The Pregnant Woman Victim7. Maltreatment of Slaves8. The Goring Ox9. Theft10. Agricultural Delicts11. 'Bailment'12. SeductionIII. Conclusions 13. Towards an Institutional History of the Mishpatim14. Towards a Literary History of the Mishpatim