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What s Divine about Divine Law Early Perspectives 1st Edition by Christine Hayes ISBN 0691176256 9780691176253

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Author(s): Hayes, Christine
ISBN(s): 9780691176253, 0691176256
Edition: 1
File Details: PDF, 1.78 MB
Year: 2015
Language: english
SKU: EB-55495504 Category: Tags: ,

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ISBN 10: 0691176256 
ISBN 13: 9780691176253
Author: Christine Hayes

How ancient thinkers grappled with competing conceptions of divine law In the thousand years before the rise of Islam, two radically diverse conceptions of what it means to say that a law is divine confronted one another with a force that reverberates to the present. What’s Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition—Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis—struggled to make sense of this conflicting legacy. Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West. A stunning achievement in intellectual history, What’s Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture.

What s Divine about Divine Law Early Perspectives 1st Table of contents:

Part I: Two Conceptions of Divine Law

  • Introduction

Part I: Biblical and Greco-Roman Discourses of Divine Law

Introduction

Chapter 1: Biblical Discourses of Divine Law

  • Introduction

  • Discourses of the Law

    • Discourse 1: Divine Law as an Expression of Divine Will

    • Discourse 2: Divine Law as an Expression of Divine Reason

    • Discourse 3: Divine Law and Historical Narrative

  • The Multidimensionality of Biblical Divine Law

Chapter 2: Greco-Roman Discourses of Law

  • Discourses of Natural Law

    • Discourse 1: Natural Law and Truth — Logos and Realism

    • Discourse 2: Natural Law and Cosmopolitanism

  • Discourses of Human Positive Law

    • Discourse 3: Law and Virtue — the Inadequacy of Positive Law

    • Discourse 4: The Flexible, Unwritten, “Living Law” vs. the Inflexible, Written, “Dead Letter”

    • Discourse 5: The Opposition of Phusis and Nomos?

    • Discourse 6: Positive Law in Need of a Savior

    • Discourse 7: In Praise of Written Law — the Mark of the Free, Civilized Man

  • Additional Literary and Legal Practices: The Juxtaposition of Divine and Human Law

    • (8) Divine Law as a Standard for the Evaluation of Human Law

    • (9) In the Trenches — Juristic Theory vs. Juristic Practice

    • (10) Magistrates and the Equitable Adjustment of Roman Civil Law

Conclusion

Part II: Mosaic Law in the Light of Greco-Roman Discourses of Law: Ancient Jewish Responses to the End of the First Century CE

Introduction

Chapter 3: Bridging the Gap: Divine Law in Hellenistic and Second Temple Jewish Sources

  • Bridging the Gap

  • The Correlation of Torah and Wisdom and the Mutual Transfer of Properties: Sirach, 1 Enoch, and Qumran

  • The Correlation of Torah and Reason and the Transfer of Properties: Aristeas, 4 Maccabees, and Philo

  • Strategies for Negotiating Universalism and Particularism

  • Esoteric vs. Exoteric Wisdom: Law’s Narrative in Sirach, 1 Enoch, Qumran, and Philo

  • Conclusion

Chapter 4: Minding the Gap: Paul

  • Paul and the Law

  • Genealogical Definition of Jewish Identity: Circumcision and the Law

  • Paul’s Discourse of Ambivalence regarding the Mosaic Law

  • Conclusion

Part III: The Rabbinic Construction of Divine Law

Introduction

Chapter 5: The “Truth” about Torah

  • What Is Truth?

  • Measures of Authenticity

    • Measure 1: Formal Truth

    • Measure 2: Judicial Truth — Human Compromise and Divine Judgment

    • Measure 3: Ontological Truth — Realism vs. Nominalism

  • The Gaze of the Other

  • Rabbinic Self-Awareness: The Motif of Mockery

  • Conclusion

Chapter 6: The (Ir)rationality of Torah

  • Making the Case for the Law’s Irrationality

  • Response 1: Conceding and Transvaluing the Premise

  • Response 2: Disowning the Premise

  • Response 3: Denying the Premise — Rationalist Apologetics Ta’amei ha-Mitzvot/Ta’amei Torah

  • Response 4: Splitting the Difference — an Acute Sense of Audience

  • Conclusion

Chapter 7: The Flexibility of Torah

  • Legislative Mechanisms of Change — a Rhetoric of Disclosure?

  • Uprooting Torah Law

  • Uprooting Torah Law in Light of the Praetorian Edict

  • Nonlegislative Mechanisms of Change — a Rhetoric of Concealment?

  • Modification of the Law — Internal Values

  • Modification of the Law — External Values

  • Moral Critique and Phronesis

  • Conclusion

Chapter 8: Natural Law in Rabbinic Sources?

  • Normativity before the Law

  • Law Precedes Sinai

  • Sinaitic Law Begins at Sinai

  • Accounting for Diverse Rabbinic Views on Pre-Sinai Normativity

  • The Noahide Laws

  • Are the Noahide Laws Invariable, Universal, Rational, and Embedded in Nature?

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