The Expositor's Bible: The Book of DeuteronomyHarper, Andrew
Religion
The Expositor's Bible: The Book of Deuteronomy
Harper, Andrew
Bible. Deuteronomy -- Commentaries
After the ten commandments, Deuteronomy, like Exodus, next indicates
that for all of legislation, exhortation, and advice that follows,
Moses was to be the mediator between God and the people. He is
represented as Yahweh's prophet or speaker in all that succeeds; the
Decalogue alone is set forth as the direct Divine command. Evidently
a great distinction is here notified, and what it exactly was may
be best explained by reference to the history of Roman law. In the
earliest times that consisted of _Fas_, _Jus_, and _Jus moribus
constitutum_. In Chapter IV. Professor Muirhead's description of fas
has been given at length, so that we need not repeat it here. The
point to remember is that it consisted of universal precepts such
as the Decalogue contains, given direct by God. _Jus_ again was,
according to Breal, the Divine will declared by human agency, and it
occupied much the position which law does in civilised states now.
Finally, _jus moribus constitutum_, or _boni mores_, was customary
law, which had a twofold function. "It was (1) a restraint upon
the law, condemning, though it could not prevent, the ruthless and
unnecessary exercise of legal right. (2) It was a supplement to
law (_jus_), requiring things law did not, _e.g._ dutiful service,
respect and obedience, chastity, fidelity to engagements, etc." Now
it is a striking fact that, though there can be no question of
imitation here, the legislation of Deuteronomy falls naturally into
these very divisions; and that fact of itself gives strong support
to the belief that here in Israel, as there in Rome, we have the
recorded facts of the earliest efforts at the regulation of national
life. The _fas_, then, corresponds to the Decalogue. The _jus_ runs
exactly parallel with the laws in the strict sense of the term,
those which Moses received from Yahweh and afterwards promulgated.
Lastly, the _boni mores_ are represented in Deuteronomy by those
beautiful precepts which limited the exercise of legal right, and,
going far beyond law, demanded of Israel that they should make good
their claim to be Yahweh's people by justice, charity, and purity.
Public-domain text, read in full here on John Shaqi.
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