The Expositor's Bible: The Book of DeuteronomyHarper, Andrew
Religion
The Expositor's Bible: The Book of Deuteronomy
Harper, Andrew
Bible. Deuteronomy -- Commentaries
But there is still other, and perhaps stronger evidence, that the
universality of the Decalogue is no indication of a late date. On
the contrary it would seem, from Professor Muirhead's account of
the Roman _fas_, that universality in legal precept may be a mark
of very primitive laws. Speaking of Rome in its earliest stages
of growth, when the circumstances of the people in very many
respects resembled those of the Hebrews in Mosaic times,[24] he
says: "We look in vain for, and it would be absurd to expect, any
definite system of law in those early times. What passed for it
was a composite of _fas_, _jus_, and _boni mores_, whose several
limits and characteristics it is extremely difficult to define."
He then proceeds to describe _fas_: "By _fas_ was understood the
will of the gods, the laws given by Heaven for men on earth, much
of it regulative of ceremonial, but a by no means insignificant
part embodying rules of conduct. It appears to have had a wider
range than _jus_. There were few of its commands, prohibitions, or
precepts that were addressed to men as citizens of any particular
state; _all mankind came within its scope_. It forbade that a war
should be undertaken without the prescribed fetial ceremonial,
and required that faith should be kept with even an enemy--when a
promise had been made to him under sanction of an oath. It enjoined
hospitality to foreigners, because the stranger guest was presumed,
equally with his entertainer, to be an object of solicitude to
a higher power. It punished murder, for it was the taking of a
God-given life; the sale of a wife by her husband, for she had
become his partner in all things human and Divine; the lifting of
a hand against a parent, for it was subversive of the first bond
of society and religion, the reverence due by a child to those to
whom he owed his existence; incestuous connections, for they defiled
the altar; the false oath, and the broken vow, for they were an
insult to the divinities invoked," etc. In fact, the Roman _fas_
had much the same character as the Decalogue and the legislation
of the first code (Exod. xx.-xxiii.). Consequently those who have
thought that all early legislation must be concrete, narrow,
particularistic, bounded at widest by the direct needs of the men
making up the clan, tribe, or petty nationality, are wrong. The
early history of law shows that, along with that, there is also a
demand for some expression of the laws of life seen from the point
of view of man's relation to God. That fact greatly strengthens the
case for the early date of the Decalogue. For practically it is
the Hebrew _fas_. If it has a higher tone and a wider sweep, if it
provides a framework into which human duty can, even now, without
undue stretching of it, be securely fitted, that is only what we
should expect, if God was working in the history and development
of this nation as nowhere else in the world. In short, the history
Public-domain text, read in full here on John Shaqi.
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