The Authority Of The Divine Law

This book explores the various rationales offered by Jewish groups in late antiquity for the authority of the Divine Law. While Second Temple groups tended to look towards philosophy or metaphysics to justify the Divine Law's authority, the tannaim formulated legal arguments. These arguments link to a set of issues regarding the tannaim's conception of Divine Law and of Israel's election.

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.

In the first book wholly concerned with divine authority, Mark C. Murphy explores the extent of God's rule over created rational beings. The author challenges the view—widely supported by theists and nontheists alike—that if God exists, then humans must be bound by an obligation of obedience to this being. He demonstrates that this view, the "authority thesis," cannot be sustained by any of the arguments routinely advanced on its behalf, including those drawn from perfect being theology, metaethical theory, normative principles, and even Scripture and tradition. After exposing the inadequacies of the various arguments for the authority thesis, he develops his own solution to the problem of whether, and to what extent, God is authoritative. For Murphy, divine authority is a contingent matter: while created rational beings have decisive reason to subject themselves to the divine rule, they are under divine authority only insofar as they have chosen to allow God's decisions to take the place of their own in their practical reasoning. The author formulates and defends his arguments for this view, and notes its implications for understanding the distinctiveness of Christian ethics.

In Ministers of the Law Jean Porter articulates a theory of legal authority derived from the natural law tradition. As she points out, the legal authority of most traditions rests on their own internal structures, independent of extralegal considerations -- legal houses built on sand, as it were. Natural law tradition, on the other hand, offers a basis for legal authority that goes beyond mere arbitrary commands or social conventions, offering some extralegal authority without compromising the independence and integrity of the law. Yet Porter does more in this volume than simply discuss historical and theoretical realms of natural law. She carries the theory into application to contemporary legal issues, bringing objective normative structures to contemporary Western societies suspicious of such concepts.

Many Jewish groups of late antiquity assumed that they were obligated to observe the Divine Law. This book attempts to study the various rationales offered by these groups to explain the authority that the Divine Law had over them. Second Temple groups tended to look towards philosophy or metaphysics to justify the Divine Law’s authority. The tannaim, though, formulated legal arguments that obligate Israel to observe the Divine Law. While this turn towards legalism is pan-tannaitic, two distinct legal arguments can be identified in tannaitic literature. These specific arguments about the Divine Law’s authority, link to a set of issues regarding the tannaim’s conception of Divine Law and of Israel’s election.

The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about the role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with The Wisdom of the World—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. The Law of God offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, New York Sun “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—Times Higher Education Supplement

Five Pentateuchal texts (Lev 24:10-23; Num 9:6-14; Num 15:32-36; Num 27:1-11; Num 36:1-12) offer unique visions of the elaboration of law in Israel's formative past. In response to individual legal cases, Yahweh enacts impersonal and general statutes reminiscent of biblical and ancient Near Eastern law collections. From the perspective of comparative law, Dylan R. Johnson proposes a new understanding of these texts as biblical rescripts: a legislative technique that enabled sovereigns to enact general laws on the basis of particular legal cases. Typological parallels drawn from cuneiform and Roman law illustrate the complex ideology informing the content and the form of these five cases. The author explores how latent conceptions of law, justice, and legislative sovereignty shaped these texts, and how the Priestly vision of law interacted with and transformed earlier legal traditions.