Twelve Studies on the Making of a Nation: The Beginnings of Israel's HistoryKent, Charles Foster
Religion
Twelve Studies on the Making of a Nation: The Beginnings of Israel's History
Kent, Charles Foster
Jews -- History
The Hebrew laws given in the Old Testament are generally known as
the laws of Moses, and the assumption of many readers in earlier
years has been that the different codes were practically formulated
by Moses himself. The subsequent study of the Old Testament long
ago suggested to many that this view may be mistaken. The oldest
records of his work and the fact that, as creator of the Hebrew
nation after the Exodus and as leader and prophet be rendered
important judicial decisions, have well justified the belief that
he was the real founder of what is called the Mosaic Law. As
stated in Exodus 18, he did actually formulate the principles by
which decisions were made by the rulers whom he appointed over
thousands and over hundreds, fifties and tens. He may have even
put into form the principles found in the earliest decalogues.
Moreover, as the Israelites in their later history were led to
formulate new rules of action, they based these upon the principles
of justice, religion and civil equality found in the earlier
decalogues. While the specific rules of living must have changed
materially, as the Israelites changed their habits of living from
those of wanderers in the wilderness to those adapted to their
early settlements in Canaan and afterward to the settled conditions
under the monarchy, they would still base their laws upon these
earlier principles. Hence it was not unnatural to ascribe the
origin of these laws to Moses, nor is it to-day inaccurate to speak
of them as the Mosaic code, even though they may have been put into
their present form at different periods remote from one another,
and by rulers, prophets and priests whose occupations and attitude
toward life were widely different. Back of practically all these
laws are the fundamental beliefs that the Israelites are the people
chosen of God, that to him they owe allegiance and that from him
they derive, in principle at least, the laws under which they live.
V.
THE DEVELOPMENT OF MODERN LAW.
Not merely the Hebrews, but practically all ancient nations ascribe
the origin of their laws either to a deity or to some great
ancestral hero. As already noted, the code of Hammurabi is
represented as having been given to him directly by the god
Shamash. In the early days of Greek history, the laws of Solon and
Draco were formulated. In India we find the laws of Manu, in China
the teachings of Confucius, and so on throughout all of the great
nations. In some instances, doubtless, many of the laws were
actually formulated under the direction of the person to whom they
are ascribed; but in many others, as perhaps in the case of the
Mosaic code, there was some great judge or king under whose
direction certain principles were laid down and simple laws or
precedents established, and as a result all later developments were
ascribed to him.
Public-domain text, read in full here on John Shaqi.
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