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A. Y. Collins, "The Function of 'Excommunication' in Paul", HTR 73 (l980), 251-263. - In 1 Cor. 5 Paul condemns a Corinthian Christian to be expelled from the church and delivered to Satan for ëthe destruction of the fleshí because of incest. This parallels the concerns of the Qumran community who also excommunicated members for sexual sins with a view to their destruction by Belial on the day of judgment (CD 7:21 - 8:3; 20:1-8). (G.J.W.)

R. Goldstein-Kestenberg, "Herem Hayishuv in a New Context" (Heb.), Proceedings of the Seventh World Congress of Jewish Studies (1981), 17-22. - According to this writer the origins of the Herem Hayishuv (Ban on settlement by outsiders) lie not in the Talmud, but in the social realities of the Jewish Medieval community. In this context, it is profitable to compare it with the Jus Mercatorium (Law Merchant), and to note the similarities between the two legal institutions. It is also noteworthy that a concept similar to the Herem Hayishuv appears in the 45th clause of the Salic Law. The writer also demonstrates certain similarities between various aspects of the Herem Hayishuv and Medieval Customary law. (Y.S.K.)

 

BIBLICAL LAW

S. Amsler, "Amos et les droits de l'homme", in De la Tôrah au Messie (H. Cazelles Festschrift), ed. M. Carrez, J. Doré and P. Grelot (Paris, 1981), 181-187. - This study of Amos' oracles against the foreign nations (Amos 1-2) attempts to discover the theological basis on which the prophet can condemn the nations in the name of the God of Israel. He discusses various possibilities which he does not find entirely satisfactory: that the victims of the injustices condemned were all Israelites, that the nations concerned had an indirect association with the kingdom of Yahweh by virtue of having been part of the Davidic empire, that the oracles presupposed the Noachic covenant with mankind, or that they presupposed the notion shared by all the ancient orient according to which the gods were guarantors of the cosmic order. Amsler prefers the view that the law revealed to Israel was regarded as having universal scope. He points out that although the oracles concern the nations, they were in fact addressed to Israel. (J.D.)

A. Bartal, "Otherwise... When My Lord Shall Sleep with his Fathers I and my Son Solomon Shall be Counted Offenders (1 Kings 1:21)", BM 23 (1978), 433-435, 523-524 (Heb.). - Bathsheba's use of hataíim, "sinners", in reference to her own and Solomon's presumed status should Adonijah reign is here understood as "legally culpable" and thus deserving of execution. This, however, is not, as most moderns suppose, because they are members of a rival faction and thus - in accord with ancient royal practice - to be done away with, but rather, as perceived by Abrabanel, because they will be considered guilty of particular offences: Bathsheba of adultery and Solomon, as her son, as unfit to rule. Thus, Bathsheba's plea to the dying David is that Solomon may reign, so that her sin - and David's - may remain undisclosed. (B.J.S.)

C. M. Carmichael, "Forbidden Mixtures", VT 32 (1982), 394-415. - C. examines the problematic laws prohibiting certain mixtures (Deut. 22:9-11). These are original to the Deuteronomist and constructed akin to the composition of proverbs. They represent clever, allusive, proverbial-type commentary upon certain happenings in the patriarchal narratives. They are not to be taken literally, unlike Lev. 19:19, by which time the Levitical legislator no longer understands their real meaning. Their inspiration comes from Jacob's cryptic comments upon his sons' activities (Gen. 49), and are judgments in condemnation of Judah, aimed at prohibiting Canaanite and Israelite marriages. The prohibition against planting two seeds in the vineyard is a cryptic judgment on Judah's dilemma over the perpetuation of his line (Gen. 30-38; cf. Gen. 49:8-12). The mixed seed, Er and Oran, and the seed that was sought through their union with Tamar came to nothing. The prohibition against ploughing with an ox and an ass is open to the use of figurative language, using animal and sexual imagery, to condemn the influx of Hivite women into Jacob's group (Gen. 34:29; 35:1-4) and Jacob's marriage between an Israelite and Canaanite. The prohibition against putting on a shatnez is a synecdoche referring to a luxurious garment which comes to represent a prostitute (Tamar). This is a negative comment upon Judah's (wool) involvement with the harlot Tamar (linen) in Gen. 38. Such negative judgments against a revered ancestor had to be expressed indirectly. (K.W.W.)

Calum M. Carmichael, Law and Narrative in the Bible, Ithaca and London, Cornell University Press, 1985, ISBN 0-8014-1792-9, Pp.356, Price: $38.50. - Sub-titled "The Evidence of the Deuteronomic Laws and the Decalogue", this book pursues further Carmichael's now-familiar thesis from The Laws of Deuteronomy (1974) and Women, Law and the Genesis Traditions (1979). He looks particular at the choices made in arranging and formulating the laws (some quite general, others extremely specific), and the reasons for their attribution to God in the case of the Decalogue, Moses in the case of Deuteronomy. "In order to preserve the prophetic impact of their material, the compilers closely studied existing biblical narrative, and selected laws which maintained the appropriate historical context. Using this perspective, Carmichael is able to detect strong logical continuity in both the structure and the content of the Decalogue and the Deuteronomic laws" (from the jacket). (B.S.J.)

R. Clifford, Deuteronomy, with an Excursus on Covenant and Law, Wilmington: Michael Glazier Inc., l982, Pp. x, 193, Price: $6.95 (New Testament Message, A Biblical-Theological Commentary, 4); see BL 1983 p. 46.)

D. J. A. Clines, "Nehemiah 10 as an Example of Early Jewish Biblical Exegesis", JSOT 21 (1981), 111-117. - Neh. 10 is a fine example of the post-exilic interpretation of earlier Israelite law. It consists of a set of halakhot, probably devised by priestly or levitical lawyers and assented to by the people. Every halakhah has a certain novelty, while remaining an exegesis of earlier Pentateuchal law. C. assumes that Neh. 10 is preceded by Ezra's judicial appointments (Ezra 7:25), and the setting up of a bet midrash (Neh. 8:13-15) and Nehemiah's second governorship (Neh. 13). He traces five different types of legal development: (i) the establishment of machinery for carrying out a prescription (e.g. 10:35 allows the performance of Lev. 6:1-6); (ii) the machinery for carrying out a prescription (e.g. 10:39 allows the Levites to collect tithes, cf. Deut. 14:23-26, Mal. 3:10); (iii) the creation of a new prescription for a Pentateuchal precedent (e.g. Ex. 30:11-16, cf. 10:33), (iv) the redefinition of categories for greater comprehensiveness (e.g. 10:36, cf. Deut. 26:2); (v) the integration of distinct and therefore potentially competing prescriptions (e.g. 10:36-40 - specifies that all Pentateuchal taxes are cumulative). C. identifies some of the exegetical principles guiding these developments. Every halakhah has some connection with a Pentateuchal law but a reapplication may bypass the letter of the law to preserve its spirit. Ancillary law is necessary for Pentateuchal law to be effectual. Since these laws are regarded as essentially harmonising, any apparent tensions have to be resolved by additions rather than mediation or compromise. This is not a systematic commentary on Pentateuchal law but rather designed to meet contemporary problems. C. concludes with an examination of Neh. 10 and earlier law on sabbath and intermarriage. (K.W.W.)

George W. Coats, "II Samuel 12:17a", Interpretation 40 (1986), 170-175; see OTA 9/3 (1986), no.790.)

Peter C. Craigie, Ugarit and the Old Testament, Grand Rapids, Michigan: William B. Eerdmans Publishing Company, 1983, Pp. vii, 100, ISBN 0-8028-1928-1, Price: $5.95. - This is an introduction for the general reader to the discovery of Ugarit and its relevance to the study of the Old Testament. It includes an account of the proposed Ugaritic parallel to Deut 14:21 (seething a kid in its mother's milk), at 74-76, 108 (but omitting Haran, JJS 30 (l979), 23-35: see Survey no. 310, JLA 111). (B.S.J.)

David Damrosch, The Narrative Covenant: Transformations of Genre in the Growth of Biblical Literature, Ithaca and New York: Cornell University Press, 1987, pp.x, 352, ISBN 0-8014-9934-8, pbk., Price: $14.25 - The author argues for integration of the comparative study of Near Eastern literature, the historical study of sources within the biblical texts, and literary analysis of the text as it develops into its canonical form, in order to explain the emergence of the "two great bodies of narrative" within the Bible, namely, the Pentateuch and the Deuteronomic history - bodies of literature which the author regards as manifestly superior to the historical prose of neighbouring countries. Of particular interest to readers of the Annual is chapter 6: "Law and Narrative in the Priestly Work", in which the author argues that the interweaving of law and history was the central literary concern of the Priestly writers. The Law of Holiness is seen as a reflection upon "the law in exile": "if a metaphoric union with God is no longer possible in a fallen world, the Law can instead create a life built around a principle of separation that would serve as a metaphor for the transcendent otherness of God ... Leviticus presents a body of ritual that had never been fully observed and whose physical and spiritual focus, the Temple, had now been destroyed. Looking towards the future, the entire collection functions prophetically, and this aspect comes to the fore in the bookís conclusion" (290-291). The law is here seen as an "anti-narrative" to the narrative structure of the Priestly work, with emphasis placed upon the sins of Aaron and his sons, and on the wilderness. Unfortunately, within the scope of a single chapter, this thesis - particularly as regards the detail of the ritual law - is not given sufficient scope for a full exposition. (B.S.J.)

E.B. Firmage, B.G. Weiss and J.W. Welch, eds., Religion and Law: Biblical Judaic and Islamic Perspectives, Winona Lake, Eisenbrauns, 1990, Pp. xii, 401, ISBN 0-931464-39-0. - This volume, which originated in a conference at the University of Utah and Brigham Young University in 1985, is a valuable resource for the comparison of Jewish with Islamic conceptions of the relationship between law and religion. The contributions from the Jewish side focus mainly upon biblical themes: M. Weinfeld on "The Decalogue: Its Significance, Uniqueness, and Place in Israelís Tradition" G.E. Mendenhall, "The Suzerainty Treaty Structure: Thirty Years Later", M. Greenberg, "Biblical Attitudes Toward Power: Ideal and Reality in Law and Prophets" J.W. Welch, "Reflections on Postulates: Power and Ancient Laws - A Response to Moshe Greenberg" Z.W. Falk, "Spirituality and Jewish Law" E.P. Sanders, "When is a Law a Law? The Case of Jesus and Paul" J. Milgrom, "Ethics and Ritual: The Foundations of the Biblical Dietary Laws" D.P. Wright, "Observations on the Ethical Foundations of the Biblical Dietary Laws: A Response to Jacob Milgrom" B.S. Jackson, "Legalism and Spirituality: Historical, Philosophical, and Semiotic Notes on Legislators, Adjudicators, and Subjects" J. Milgrom, "Some Consequences of the Image Prohibition in Jewish Art", with a reply by S.I. Hallet; D.N. Freedman, "The Formation of the Canon of the Old Testament: The Selection and Identification of the Torah as the Supreme Authority of the Postexilic Community" S.M. Paul, "Biblical Analogues to Middle Assyrian Law" D.R. Hillers, "Rite: Ceremonies of Law and Treaty in the Ancient Near East" I. Englard, "Religious Freedom and Jewish Tradition in Modern Israeli Law - A Clash of Ideologies". (B.S.J.)

M. Fishbane, "Revelation and Tradition: Aspect of Inner Biblical Exegesis", JBL 99 (1980), 343-361. - A study of inner-biblical exegesis used to reapply or reinterpret divinely revealed authoritative traditions with particular reference to law, homily and prophecy. The first part examines the reapplication or reinterpretation of legal provisions to fit new situations or unseen contingencies (e.g. Num. 27: 1-11; 36: 1-14; 9:6-14; 27: 8-11; 2 Chr. 29, 30). The author also deals with the way in which legal traditions, developed to add operative force to earlier laws, were also represented as of divine origin while their human origins are obscured (2 Chron. 30, cf. Num. 9; 2 Chr. 35:6). The rubric Vehen taëase is often used to introduce later legal explications (Ex. 23:4, cf. Deut. 22:1-3; Ex. 23:10-11, cf. Lev. 25:3-7). Fishbane also deals with the addition of protective restrictions (e.g. Jer. 17:19-27) and the subsequent recombination of earlier and disparate texts to create a new divine law (e.g. Ex. 22:30 and Ex. 23:19 combined in Deut. 14: 21). He sees this, along with the study of homily and prophecy, as reflecting an incipient canonical consciousness whereby the authority of revelation predominates over tradition. (K.W.W.)

B. Halpern, "The Centralization Formula in Deuteronomy", VT 31 (1981), 20-38. - The writer concentrates on the two basic formulae for cult centralization in Deuteronomy which are distinguished by the interchange of the verbs swm and skn (14:23; 16:2,6,11; 26:2; cf. 12:21; 24:24) is the only instance of the centralizing formula in Deuteronomy that qualifies "the place that Yhwh chooses" without attaching to it the placing of the name. He distinguishes two strata in the centralizing laws: 12:2-12 is secondary to 12:13-19. The early strand begins with the unique formula in 12:14 and contains no verb of motion. A distributive interpretation of 12:14 is a distinct possibility. He claims that this theory has far- reaching implications: Deuteronomy represents a conservative balwork against cultic innovation rather than a reform programme, it protects the Levites against rival claims to priesthood (esp. Deut. 18:6-8), and it is not designed to disenfranchise existing priesthoods or close existing shrines but to recognise and ratify their claims. This code thus enforces a Levite priestly monopoly as the cultic status quo. (K.W.W.)

M. Haran, "Behind the scenes of History: Determining the Date of the Priestly Source", JBL 100 (1981), 321-333. - H. argues that P. is pre-exilic and preceded D. He sees P. as earlier than the law code of Ezek. 40-48, which looks merely as an epigonic outgrowth of the priestly source. P.'s early composition and later publication explains the fact that although it is pre-exilic it remains undetectable until the post-exilic period and Ezra. Ezra promulgated and canonised this source, which was already quite ancient, as part of the complete Pentateuch. The utopian idealism and idealistic laws of P. were not designed to be put into practice. P. was unlike D., which was moralising and designed to move its readers to reform. He detects strong sectarian features emanating from a semi-esoteric circle of the Jerusalemite priesthood and dating to the time of the reforms of Ahaz and Hezekiah. (K.W.W.)

M. Haran, "Behind the Stage of History - On the Dating of the Pentateuchal Priestly Source" (Heb.), Zion 45 (1980), i, 1-20. - Hebrew version of 844.

C. Houtman, "Ezra and the Law. Observations on the supposed relation between Ezra and the Pentateuch", OS 21 (1981), 91-115. - This essay consists of two parts. In the first Houtman gives a historical survey of opinions on the view that Ezra was responsible for a re-edition of the Pentateuch (cf. IV Ezra xiv 18ff.). In the second part he discusses the question of the identity of Ezra's law-book, or better, the identity of the law-book which the books of Ezra and Nehemiah presuppose. He concludes that this was neither the P Code, nor the Pentateuch as a whole, but rather a law- book which contained some laws agreeing with those in the Pentateuch but also some laws not known in the Pentateuch. In support of the possibility of such a document existing he cites the example of the Temple Scroll from Qumran. (J.D.)

B.S. Jackson, "The Ceremonial and the Judicial: Biblical Law as Sign and Symbol", JSOT 30 (1984), 25-30. - The claim of A.J. Phillips that biblical law can be studied only as law is rejected. Starting from Aquinas's classification of biblical law in three categories of moral, ceremonial and judicial law, use is made here of legal semiotics, the study of the relation between sign and symbol and the thing signified. A semiotic approach has some similarities to literary structuralism but is distinct from hermeneutics. It is employed here to examine the function of the legal texts of the Old Testament. The work of a number of scholars who have made use of this method is examined. Jackson argues that a semiotic approach pays attention to what the texts have to say about the nature of the message, to the manner of use of biblical norms, to semiotic choices made by the text and the nature of the communities within which the biblical law was designed to be communicated. Such methods show that judicial and moral laws operated in wider groups than ceremonial laws. (R.A.M.)

The JPS Torah Commentary, Exodus, The Traditional Hebrew Text with a New JPS Translation, Commentary by Nahum M. Sarna, Philadelphia and New York: The Jewish Publication Society, 1991, pp. xxv, 278, ISBN 0-8276-0324-4 - The principal feature of the JPS Torah Commentary (of which Genesis, Leviticus and Numbers have already appeared) is its annotated commentary, which contains references to modern scholarly literature. This is a considerable advance for commentaries designed primarily for lay and synagogal use. Students of the "Covenant Code" (Exodus 21-22) will find useful material in the relevant annotations and notes; there is also an Excursus on Biblical and Ancient Near Eastern Law (pp. 273-276). (B.S.J.)

Niels Peter Lemche, Det gamle Israel. Det israelitiske samfund fra sammenbruddet af bronzealderkulturen til hellenistisk tid, Aarhus: Forlaget Anis, 1984, ISBN 87-7457-028-5, Pp.240, Price: Dkr.130,00. - The author tries to present the history of Israel in ancient times as a social process. His study is based on a supposed general late date of the historical traditions in the OT, which were hardly written down before the middle of the 1st mill. B.C.E. Thus the OT view of the history of Israel is only the expression of a late reconstruction, and very little of this is of any use, especially as a witness to the pre-monarchical history of Israel. The O.T. law material, as it is transmitted by the O.T., is mostly to be found in very late sources, and in its present shape it reflects the customs of the post-exilic Jewish community. The O.T. picture of the religious history of Israel is based on the concept of God in the Torah, and this picture is retrospectively used as a kind of "filter" through which we now see the pre exilic Israelite religion. This religion was as a matter of fact a "Canaanite" religion, and only the experiences of the Babylonian exile transformed it into the Jewish law religion. (K.N.)

H. Lennard, "Die kultischen Anordnungen Gottes im Zusammenhang mit den ¸brigen Gesetzen des Alten Testaments", ZAW 97 (1985), 414-423. - The writer examines various investigations into categories of "Law" including those of Rendtorff, Koch, Preise, Reventlow, Schulz, Wagner and Halbe. General conclusions reached by such study has shown that casuistic law usually relates to the individual; law relating to death usually assumes the participial form and is often related to the cult; Divine commands relate both to everyday life and the cult, although the former often embrace ethical matters while cultic regulations do not, and "wisdom" exhortations are advice based on the commandments. Lennard examines the Prohibition and finds that some forms of it begin with a noun, others with a verb. Cultic regulations usually begin with a noun. The writer examines various forms of this kind, dividing them into a number of types which include the basic function of the cult related mostly to thanksgiving and expiation. Cult law is usually introduced by the word torah in the Tetrateuch which the LXX renders by nomos and this, in the New Testament, stands most often for "the cult". (R.A.M.)

M. Lind, "Law in the Old Testament", Christian Legal Society Quarterly 4 (1983), 32-34. - In Lind's view, there is today "a revival of the church's interest in justice and law" and their proper foundation. He emphasizes that the Old Testament is itself a rich source of law, and is the original and still proper model, along with the New Testament, of law for all who seek to retain a covenantal relationship with God. Citing numerous passages from the Covenant code (Exodus 20:22-23:33), Deuteronomic code, and the Holiness code, Lind emphasizes the covenantal nature of Old Testament law and the continued recognition of covenantal law in the New Testament. Lind contrasts the direct teaching/preaching (parenesis) form employed by God in pentateuchal law, the numerous "motive clauses" which set forth God's reasons and purposes, and the second person singular, apodictic, form of Old Testament law with the secularity, human origin, and power orientation of law as set forth in other ancient Near Eastern codes. Contrast is also drawn with medieval legal theory based on the natural law theory of Augustine and Aquinas, which Lind characterizes as "paganizations" of law suited to administration through "the impersonal powers of the state". (D.H.P.)

P. Maon, "Responsabilité", in Supplément au Dictionnaire de la Bible (fascicule 55), ed. H. Cazelles and A. Feuillet (Paris, 1981), 357-356. - A comprehensive survey, including sections on semantic analysis, responsibility in law, and conclusion, together with useful bibliographical citations. (J.D.)

A.D.H. Mayes, "King and Covenant: a Study of 2 Kings chs. 22-23", Hermatheia 125 (1978), 34-47. - The author claims that "the widespread view that the original Deuteronomy, subsequently edited until its present form, was a law book found in the temple in the time of Josiah and made the basis of a reform by Josiah, is not tenable. Since, moreover, there is no evidence of the existence of Deuteronomy earlier than this one can only point to the period between Josiah's reform and 598 B.C., when the deuteronomistic historical work containing Deuteronomy was compiled, as its probable time of origin The Book may to a certain extent have been the deposit of that reform, in that Josiah's reform measures, insofar as they may be deduced from 2 Kings 23 4-20, are reflected in Deuteronomy; but it was really only as a result of the redactional work of the deuteronomist that the connection between Deuteronomy and the reform of Josiah became firmly established. - As far as Josiah's covenant is concerned, this too must be seen as deriving from deuteronomistic theological interests. Josiah instituted a reform; but that any covenant was involved in this, whether a covenant between king and people or between king and people on the one hand and Yahweh on the other, is not to be established from 2 Kings 22f." (J.D.)

J.G. McConville, Law and Theology in Deuteronomy, Sheffield: J.S.O.T. Press, 1985, I.S.B.N. 0 905774 78 7 (pbk.79 5), Pp x, 240, Price: £18.50 or $28.50, £8.95 or $13.50 (pbk.) (Journal for the Study of the Old Testament Supplement Series 33). - The author describes his purpose as to "explore how the distinctive theology of Deuteronomy is reflected in its laws, in particular laws dealing with cultic matters (the sanctuary, sacrifices, festivals, etc.)." In so doing, he relates the laws to the narrative structure of the book, as speeches delivered on the eve of entry into the promised land. In the course of his analysis, McConville throws doubt upon traditional literary-historical analyses of Deuteronomy, and sees the laws as a product of the theological tendencies of the book, rather than as earlier, discrete sources which have been edited into a later, theological framework. It would be interesting to see how the author would relate the non-cultic laws to this thesis; in any event, his work is a stimulating and important contribution to the study of one of the major sources of biblical law. (B.S.J.)

E. Nielsen, "Moses and the Law", VT 32 (1982), 87-98. - N. examines the notion of and critical stances towards Moses as law-giver in the Pentateuchal traditions. He argues that the Law of Holiness (Lev. 17-26) is a Judaean parallel to the Deuteronomic legislation which suggests that circles in Judah did not associate Yahweh's laws and commandments with any special activity on the part of Moses. He believes that the promulgation of laws (sacred, moral and religious) originally belonged to the cult but that through Deuteronomy and P. it became historically and eventually exclusively associated with Moses. This recognition of Moses as the law-giver coincided with the first phase of the Deuteronomic movement after 722 B.C. It became an accepted factor in Jerusalem after 587 B.C., and thereafter completely dominated the law traditions of the Old Testament. The author concludes that it is beyond doubt that the notion of Moses as law-giver was established through the Deuteronomic traditions. ( (K.W.W.)

E. Otto, Wandel der Rechtsbegründungen in der Gesellschaftsgeschichte des Antiken Israel: Ein Rechtsgeschichte des ëBundesbuchesí Ex XX 22 - XXIII 13 (Studia Biblica III), Brill, Leiden, 1988, Pp. viii, 107, ISBN 90 04 08346 4, Price: Fl. 40.00 - The author here offers an original interpretation of the significance of the development of the literary forms of biblical law. The casuistic law is said to have originated in a tribal society in which the main need was one of dispute resolution. Once the tribal basis of society gave way to a monarchy with a class structure, the role of casuistic law changed to one of maintenance of that structure, through the imposition of punishments. Later still, the casuistic material was used in a theological context, ultimately relying upon ethical preaching rather than the imposition of sanctions. A parallel development affected the apodictic law, taken to have originated in a family context, but then to have been transferred to the sphere of local court administration. The author sees the theological assumptions behind this process as residing in the attribution of judgment to God as King. The current text of the Covenant Code, placed there according to the author by the Deuteronomic editor, reflects the ultimate view of the common origin and divine significance of laws of social protection on the one hand, and sacral laws on the other. Moreover, the literary structure of the Covenant Code, discussed at greater length by the author in his Rechtsgeschichte der Redaktionen im Kodex Esnunna und im 'Bundesbuch': Eine Redaktionsgeschichtliche und rechtsvergleichende Studie zu altbabylonischen und altisraelitischen Rechts, reinforces this message. This is a major contribution to biblical law. Many of its conclusions are controversial, but its supreme merit lies in the attempt made by the author to provide a coherent account of the relationships between the literary, social and theological dimensions of the text. (B.S.J.)

Dale Patrick, Old Testament Law, London: SCM Press, 1986, ISBN 0-334-02228-2, Pp.278, Price: £8.50. - Described as a basic introduction presupposing no prior knowledge, this book provides an introduction to biblical criticism. followed by chapters devoted to the Decalogue, The Covenant Code, the Deuteronomic Law and the Priestly Law, each one in the light of source criticism, form criticism and tradition history. There are commentaries on selected laws from each collection. Concluding chapters consider wider questions: the purposes of the collections, the relations between law and covenant, and the approach of the New Testament to Old Testament law. (B.S.J.)

Anthony Phillips, "The Book of Ruth-Deception and Shame", JJS 37 (1986), 1-17; see OTA 9/3 (1986), no.788.)

W. Gunther Plaut and Bernard J. Bamberger, The Torah: A Modern Commentary, New York: Union of American Hebrew Congregations, 1981, ISBN 0-8074-0055-6, Pp. xxxvi, 1787, Price $25.00. - This is a lavishly produced Pentateuch, designed for use in American Reform congregations. The Hebrew text is accompanied by the Jewish Publication society translation; the Haftarot are also included, in Hebrew and English. In addition to the commentary, written by Plaut and (for Leviticus) Bamberger, a substantial series of introductory essays to the books is contributed by Professor W.W. Hallo, of Yale University. An advisory Board, consisting of many of the leading scholars of the American Progressive movement, both from Hebrew Union College and beyond, has contributed criticism and suggestions. As a result, the general public has a commentary which reflects modern scholarly discussion, and indeed cites modern literature, though not to the exclusion of reference to the traditional commentaries. Sources to which reference is made in the commentary or essays range from Ancient Near Eastern Literature to Abraham Lincoln. This edition should find a wide use, well beyond its denominational origins. It will assist students and discussion groups, and provide a useful starting point for researchers on many topics in Biblical law. (B.S.J.)

R. Rendtorff, "Esra und das "Gesetz"", ZAW 96 (1984), 165-184. - Ezra 7 and Neh.8 do not deal with the same law. In Ezra 7 the Aramaic dat has a much more restricted legal sense than the more general torah and anticipates later synagogue practice. When the books of Ezra and Nehemiah received their final form both Ezra 7 and Neh.8 were related to bring them into harmony by making it appear as though they reflect the same practice. (R.A.M.)

Alexander Rofé, "Deuteronomy 5:28-6:1. Composition and Text in the Light of Deuteronomy Style and Three Tefillin from Qumran (4Q 128, 129, 137)", Henoch 6 (1984), 1-14; see OTA 9/2 (1986), no.626.)

R. Westbrook, "Biblical and Cuneiform Law Codes", RB xcii (1985), 237-264. - The article examines nine so-called law codes of the Ancient Near East. The two in the Bible (Exod.21:1-22:16, Deut.12-25) show similarities in form and content with their extra-biblical parallels. The similarities argue for a common type of intellectual activity. This belongs primarily neither to the activity of royal apologists nor to scribal exercise but, just as omen series were designed to give guidance to diviners, so these law codes were designed to give guidance to royal judges as a practical guide in difficult cases. (R.A.M.)

G.A. Yee, "A Form-Critical Study of Isaiah 5:1-7 as a Song and a Juridical Parable", CBQ 43 (1981), 30-40. - The writer argues that Is. 5:1-7 is composed of two different literary forms: a song and a juridical parable. He compares Deut. 32 as an example of a major Old Testament song which contains a lawsuit and then discusses the formal aspects of what Simon terms juridical parables (2 Sam.12:1-14; 14:1-20; 1 Kings. 20:35-43). There are formal and functional similarities between the song and the juridical parable. In Is. 5:1-7 the juridical parable is used in the overall framework of the song to lead the southern kingdom to condemn itself. (K.W.W.)

 

BIBLIOGRAPHY

Phyllis Holman Weisbard and David Schonberg, Jewish Law: Bibliography of Sources and Scholarship in English, Littleton, CO., Fred B. Rothman and Co., 1989, ISBN 0-8377-1350-1, xviii, 558, Price: $57.70 cased. - The categories used in this important bibliography of English-language material are: General Works on Jewish Law, Literary Sources of Jewish Law in English translation, Bibliographies of Jewish Law, Administrative Law (widely interpreted - e.g. an article on "Deuteronomy and the Poor"), Agency, Censorship, Codification, Commercial Law, Conflict of Laws, Copyright, Courts, Criminal Law, Debt and Execution, Evidence, Family Law, Gift, Historical Aspects of Jewish Law (used as a residual category, and covering some 70 pages), Human Rights, Insurance, Intention, Jewish Law in Israel, Jewish Law and Other Legal Systems, Jurisdiction, Jurisprudence, Labour Law, Landlord and Tenant, Medical-Legal Issues, Obligations, Penalties, Procedure, Property, Sale, Law of the Sea, Self-Defence, Sources of Law, Status (with a special section on Status of Women), Succession, Torts, Unjust Enrichment, Usury, Laws of War.). Many of these categories overlap with those used in the "Survey of Recent Literature" of The Jewish Law Annual. (B.S.J.)

Nahum Rakover, The Multi-Language Bibliography of Jewish Law, Jerusalem: The Library of Jewish Law, 1990, 871 pp + 39 in Hebrew, np. - Arranged in chapters and sub-sections (alphabetically within the sub-sections), this bibliography is divided into 17 chapters: Foundations and Nature of Halakhah, Sources, Jewish Law in General, Jewish Law in the State of Israel, Comparative Law, Society and Government, Courts and Procedure, Evidence, Contracts, Penal Law, Status of the Individual, Family/Inheritance, Torts, Acquisition and Contract, Various Concepts, Reference Works, Biographies of the Sages. Each one of these chapters is heavily sub-divided, and each item is assigned an individual number (producing 14911 entries), thus allowing the book to be indexed by individual item. (B.S.J.)

D. Wilkenfield, A Bibliography of Israel Law in English and Other European Languages 1972-1979, Jerusalem: The Harry Sacher Institute for Legislative Research and Comparative Law, 1979, Pp. 82, Price: $5.00. - The present bibliography is designed as a supplement to that of Judith Wegner, published by the same Institute in 1972. As the title indicates, it is a bibliography of Israel law, not specifically Jewish law, although there is a brief section (16 items) on Jewish law, most but not all of them dealing with Jewish law in the context of modern Israeli law. The present editor looks forward to regular updating and further improvement in the future, in what is undoubtedly a useful tool for comparative lawyers abroad. Since many of the latter will use the bibliography to order photocopies of individual items, librarians would doubtless be assisted by abandonment of the purely legal convention of restricting the pagination cited to the page number of the beginning of the article. (B.S.J.)

 

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