Making a Case: The Practical Roots of Biblical Law

by Sara J. Milstein

Overview

Outside of the Bible, all of the known Near Eastern law collections were produced in the third to second millennia BCE, in cuneiform on clay tablets, and in major cities in Mesopotamia and in the Hittite Empire. None of the major sites in Syria that have yielded cuneiform tablets has borne even a fragment of a law collection, even though several have produced ample legal documentation. Excavations at Nuzi have also turned up numerous legal documents, but again, no law collection. Even Egypt has not yielded a collection of laws. As such, the biblical texts that scholars regularly identify as law collections represent the only "western," non-cuneiform expressions of the genre in the ancient Near East, produced by societies not known for their political clout, and separated in time from "other" collections by centuries.

Making a Case: The Practical Roots of Biblical Law challenges the long-held notion that Israelite and Judahite scribes either made use of "old" law collections or set out to produce law collections in the Near Eastern sense of the genre. Instead, what we call "biblical law" is closer in form and function to another, oft-neglected Mesopotamian genre: legal-pedagogical texts. During their education, Mesopotamian scribes studied a variety of legal-oriented school texts, including sample contracts, fictional cases, short sequences of laws, and legal phrasebooks. When biblical law is viewed in the context of these legal-pedagogical texts from Mesopotamia, its practical roots in a set of comparable legal exercises begin to emerge.

Product Details

ISBN-13:	9780190911805
Publisher:	Oxford University Press
Publication date:	09/01/2021
Pages:	216
Product dimensions:	6.40(w) x 9.42(h) x 0.79(d)

About the Author

Sara J. Milstein is Associate Professor of Hebrew Bible and Ancient Near Eastern Studies in the Department of Classical, Near Eastern, and Religious Studies at the University of British Columbia in Vancouver. Her last monograph, Tracking the Master Scribe: Revision through Introduction in Biblical and Mesopotamian Literature (OUP, 2016) was the recipient of ASOR's Frank Moore Cross Award. Milstein's research has been funded by the Mellon Foundation/American Council of Learned Societies, the Memorial Foundation for Jewish Culture, the Killam Foundation, and the Social Sciences and Humanities Research Council of Canada. Contents
Abbreviations
Acknowledgments

Illustrations

Introduction
1. The Role of Legal Texts in Mesopotamian Scribal Education
2. Hebrew Legal Fictions and the Development of Deuteronomy
3. Echoes of Contracts in the Hebrew Legal Fictions
4. Exodus 21-22: Old Law Collection or Scribal Exercise?
5. The Distinct Nature of "Biblical Law"
Appendix

Works Cited
Index of Authors
Index of Subjects

Table of Contents

Contents
Abbreviations
Acknowledgments

Illustrations

Introduction
1. The Role of Legal Texts in Mesopotamian Scribal Education
2. Hebrew Legal Fictions and the Development of Deuteronomy
3. Echoes of Contracts in the Hebrew Legal Fictions
4. Exodus 21-22: Old Law Collection or Scribal Exercise?
5. The Distinct Nature of "Biblical Law"
Appendix

Works Cited
Index of Authors
Index of Subjects

Editorial Reviews

"This stimulating volume contains many original insights, and it will hopefully lead to further research on the pedagogical roots of biblical law." — ERYL W. DAVIES, Journal for the Study of the Old Testament

"A new approach to the family laws of Deuteronomy has long been overdue. Older models unjustly primitived and deintellectualized this fascinating group of laws. Sara Milstein's innovative work provides a fresh path forward. Drawing upon her expertise in cuneiform law and scribal practice, she proposes a new way of understanding the composition and social location of these texts. In the process, she raises important broader questions about biblical law and pedagogy." — Bernard M. Levinson, author of Legal Revision and Religious Renewal in Ancient Israel

"Milstein expertly draws attention to Mesopotamian legal-pedagogical expressions, finding that Hebrew scribes displayed knowledge and interest in sophisticated legal reasoning. For the Hebrew Legal Fictions in the Deuteronomic Code (Dt 12-26), she draws on Mesopotamian model court cases. The Mesopotamian scribal practice of clustering related sets of provisions suggests a reassessment of the legal expressions in the Covenant Code (Ex 20-23). This volume provides a powerful and important contribution to the nature of biblical law within its ancient Near Eastern intellectual milieu." — Martha T. Roth, author Law Collections from Mesopotamia and Asia Minor

"This book is a tour de force—a landmark study that reshapes our understanding of biblical law. Milstein shows that biblical legal codes draw upon cuneiform legal-pedagogical texts rather than the Code of Hammurabi. By demonstrating the central role that scribal pedagogy and education play in biblical law, her study should have wide-ranging implications for the whole field in the next generation." — William M. Schniedewind, Professor of Biblical Studies & NWS Languages, Director of Graduate & Undergraduate Studies, Near Eastern Languages & Cultures Department, UCLA

"Milstein's claims will prove controversial but in the best possible sense. Her efforts to bind the origins of key pentateuchal provisions to the exercises and basic texts of scribes-in-training will force many of us to reexamine how we understand the nature of biblical law. Most crucially, Milstein's work will serve to redirect our attention back to the entire oeuvre of Near Eastern legal texts, which is where it should have been all along." — Bruce Wells, Associate Professor, Dept. of Middle Eastern Studies, University of Texas at Austin

"Sara Milstein's new book provides a stimulating challenge to the hypothesis that the non-Priestly laws of Exodus and Deuteronomy were directly inspired by Mesopotamian law collections such as the Laws of Hammurabi (LH)...The book also raises exciting avenues for further research, such as the relationship between biblical law and Mesopotamian texts from the first millennium. Milstein justifies her focus on third-and second-millennium...It also opens the door to robust comparison with a wide variety of legal and literary genres in first-millennium Mesopotamia." — Jessie DeGrado, University of Michigan, Biblical Studies and Judaism in Antiquity

"Making a Case does just that: the book is well argued, short and to the point, with a provocative thesis, and will likely lead many of us to learn more about ancient Near Eastern legal-pedagogical texts." — Zev Farber, Shalom Hartman Institute

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