We know very little of the actual agencies by which this process was
effected. The second great code of the Jews was not finally fixed till
200 C.E. We are, however, measurably familiar with the organization of
the judiciary for some two centuries before, but even here there are
distressing gaps, and for the time before Hillel the tradition is
neither clear nor full. All, therefore, that concerns the organization
of the judicial bodies that framed and applied the Law must be
conjectured, and the earliest conjectures embodied in Talmudic tradition
are perhaps as good as any. The development of “houses of prayer” was a
necessity where so many Jewish communities were incapacitated from
sharing in the great cult ceremonies at Jerusalem, and these houses
became a convenience within Palestine and Jerusalem itself. But the
creation of houses of prayer demanded local organization, and with that
local organization gradations of members and the establishment of local
magistrates. There can be little doubt that the organization of the
Greek city-state, familiar to the East for many years, became a model
for these corporately organized communities. Now the judicial function
inherent in the character of ancient magistrates of all descriptions
might easily have been the means of originating that long series of
responsa from which the later Mishnah was finally winnowed. With every
increase of population, power, and governmental machinery, the judicial
system increased in complexity, and the intimate relation which the
civil code bore to the ancient sacred code, as well as the close
penetration of life by religion, tended to render the complexity still
more intricate.
Public-domain text, read in full here on John Shaqi.
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