The Expositor's Bible: The Book of DeuteronomyHarper, Andrew
Religion
The Expositor's Bible: The Book of Deuteronomy
Harper, Andrew
Bible. Deuteronomy -- Commentaries
Great practical difficulties have arisen in India, Sir Henry
Maine assures us, from applying the ideas of Western lawyers to
the ancient and sacred codes of the East. He says that the effect
of a procedure under which all the disputes of a community must
be referred to regular law-courts is to stereotype ascertained
usages, and to treat the oracular precepts of a sacred book as
texts and precedents that must be enforced. The consequence is that
vague and elastic social ordinances, which have hitherto varied
according to the needs of the people, become fixed and immutable,
and an Asiatic society finds itself arrested and, so to speak,
imprisoned unexpectedly within its own formulas. Inconsistencies
and contradictions, which were never perceived when these laws
were worked by Easterns, who had a kind of instinctive perception
of their true nature, became glaring and troublesome under Western
rule, and much unintentional wrong has resulted. May it not be
that the same thing has happened in the domain of literature in
connection with these ancient Hebrew laws? Discrepancies, small and
great, have been the commonplace of Pentateuch criticism for many
years past, and on them very far-reaching theories have been built.
It may easily be that some of these are the result rather of our
failure to take into account the elastic nature of Asiatic law, and
that a less strained application of modern notions would have led to
a more reasonable interpretation.
But granting that ordinary ancient law is not to be taken in our
rigorous modern sense, yet the fact that what we are dealing with
here is Divine law may seem to some to imply that in all its details
it was meant to be fulfilled to the letter. If not, then in what
sense is it inspired, and how can we be justified in regarding it
as Divinely given? The reply to that is, of course, simply this,
that inspiration makes free use of all forms of expression which
are common and permissible at the time and place at which it utters
itself. From all we know of the Divine methods of acting in the
world, we have no right to suppose that in giving inspired laws
God would create entirely new and different forms for Himself. On
the contrary, legislation in ancient Israel, though Divine in its
source, would naturally take the ordinary forms of ancient law.
Moreover in this case it could hardly have been otherwise. As has
already been pointed out, a large part of the Mosaic legislation
must have been adopted from the customs of the various tribes who
were welded into one by Moses. It cannot be conceived that the laws
against stealing, for example, the penalties for murder, or the
prescriptions for sacrifice, can have been first introduced by the
great Lawgiver. He made much ancient customary law to be part and
parcel of the Yahwistic legislation by simply taking it over. If so,
then all that he added would naturally, as to form, be moulded on
what he found pre-existing. Consequently we may apply to this law,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account