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Research On The Trials And Judgment In Hebrew Bible

Posted on:2017-06-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:S J WangFull Text:PDF
GTID:1316330509453648Subject:History of law
Abstract/Summary:PDF Full Text Request
Hebrew Bible, which named Old Testament in Christianity, is the object of study in this research. Hebrew Bible recorded a lot of information about the law and trial practices of early ancient Israelites. By digging and researching these information, it could be possible that roughly outline the situation of the trial practices and relevant ideas of ancient Israelites, and by investigating the track of formation and development of the situation, further discovery of authentic law and law enforcement in early ancient times will be realized. To conclude the ideology of trial and judgment in the Hebrew Bible and summary its major influence on future generations is a main task of this research as well.The target of the first chapter is to examine the virtue of the Hebrew Bible text as an evidence from studies on the trial practices and ideology of trial and judgment of Israelites in ancient times. Previous studies made many controversies about the written time of the core of the Hebrew Bible, which named Pentateuch. Documentary Hypothesis, which is the mainstream theory since the 19 th century put forward that the Pentateuch is made up of four original documents, which were: Priestly Source(P), Elohist Source(E), Yahwist(J) and Deuteronomist(D). However, the exact time that the documents be written and the sequencing of four documents were still controversial and there was no unanimous opinion, but Documentary Hypothesis basically had found the latest time period which the Hebrew Bible be accomplished, 6th century BC. On the other hand, Documentary Hypothesis also believed that the Hebrew Bible's original materials could stem from some early history records, therefore, the fundamental evidential virtue of the Hebrew Bible could be acknowledged. In the view of modern anthropology, the ancient Israel society before the first kingdom be founded belong to a kind of chiefdom society, and by the archaeological discovery involving the early Hebrews' lives in ancient West Asia and Near East, some records in the Hebrew Bible could be further confirmed. Combined with the discovery of ancient name, analysis of the Hittite Treaty pattern and research on ancient epigraphy, the records in Hebrew Bible could be verified by the ancient historical facts more and more, consequently the evidential virtue of the Hebrew Bible text could be further certified, and some books, like Deuteronomy, have more weight-of-evidence.A substantive research on the trial practices and ideology begins with the second chapter, which rebuilds a trial framework in Mosaic Law through analyzing the information in Pentateuch. Firstly, the trial principles in Mosaic Law could be concluded. The Decalogue, which means God's direct commandments to Israelites, is the prime principle of trial. The righteousness of judgment is the value principle. A strong sense of morality and protection of property and personal rights are the specific principles, as well as the principle of Talionic Punishment. Secondly, in regard to trial systems, the adjudicators include God, who is the supreme one, and under God, the leaders of people, priests the Levites, officers who were elected in each tribes, and then the judges in the Judges Age, as well as the congregation of Israel. The methods to make judgments are relatively simple. Witchcraft and Ordeals were often applied. An unique sense of atonement as well as the compensation system had characteristics of Israelites. The rules of evidence were detailed, a multilevel jurisdiction was formed, and the implementation of judgments and the systems of Cities of Refuge were especially featured. Finally, through comparative analysis of the relevant provisions of Mosaic Law and Code of Hammurabi, it can be observed that there was a genetic relationship between them and many significant differences as well. The differences were caused by the special faith of Israel, which made the law of Israel be more absolute and had more humanitarian spirit.The third chapter describes the trial practices from the time Israelites conquered Canaan until they built kingdom. This chapter focuses on Book of Joshua and Book of Judges, which narrate a very turbulent and agitated time period. Joshua led the Israelites to conquer the Promised Land, and then in the Judges Age, there were so many brutalities and slaughters among the Israel people, and their faith declined seriously. As the literal meaning, the judges were adjudicators, who may be leaders of faith or had powers to command armies as well. When judges heard cases, mediation was the most important method to solve disputes, which can be interpreted by modern anthropological theory. Through the analysis of some specific cases,the understanding of the trial practices of Israelites maybe deepened. The case of the Egyptian's son established the territorial jurisdiction, which helped the Israel people to be united and cohesive during the crisis time. The case of Korahites demonstrated an unique advantage and significance of ordeal in early ancient society, which cultivated the sacredness of trials and judgments, and quickly solved disputes. The case of Moabitess reflected some limitations of the Israelites' trial. The case of Achan demonstrated some specific methods and procedures of the trials in Israel people. In addition, the important relationship between Holy Covenant and judgment can be observed in Book of Joshua and Book of Judges. The Holy Covenant is an agreement between God and Israelites and was a prerequisite for the judgment to Israelites. The judgment was an inevitable result from Israelites' breach of the Covenant. And the breach as well as the following judgment are the most important logic lines in Book of Judges. Finally, through an analysis on the Benjamin incident in Book of Judges, it can be investigated that some institutions, which would make procedures essentially, emerged in the trials of Israel people.The fourth chapter interprets Book of Deuteronomy, Deuteronomic History and the unique ideology of trial and judgment of Israelites. Book of Deuteronomy is special and focuses on the concept of Holy Covenant, which had some historical background to the Hittite Treaty. A very clear and coherent narrative logic line emerged from Book of Deuteronomy to Book of Kings, and Deuteronomy is the 4introduction of the logic, thus a powerful view of history formed, which named Deuteronomic History. Deuteronomic History believes that God is faithful, and Holy Covenant is the highest. The Israelites come to be conquered and destroyed was a result from they repeatedly betrayed the Covenant. However, if Israelites repent and take hold of Holy Covenant again, God will bless and give grace to Israetites again as well, and then the Israel people will be revived. Deuteronomic History successfully explained all the past history of Israelites, and told the people how to deal with the plight of the moment. Israelites found a kind of eternal guideline for the whole nation via Deuteronomic History, which is, just believe in God and take hold of the Covenant. Then on this basis, Israelites established their own ideology of trial and judgment, which included the followings. An adjudicator who should be righteous and severe, and this is the precondition of judgment. The concept of sin and its retribution, and this is the basis of judgment. In addition, a set of law that should be certain and righteous, and this is the standard of judgment. The ideology of trial and judgment of Israelites emphasized that everyone would be placed under God's judgment eventually, the judgment would never be absent, and everyone should pay for his evil doing because of God's righteousness. God's promise of grace and caution of punishment would be realized, by the judgment, the law of God would be fulfilled finally.The epilogue summarizes the impacts of the trials and judgment in Hebrew Bible. The impacts had covered three periods, namely the early ancient period, the medieval age and the modern times. The trials and judgment in Hebrew Bible played an important role in the early ancient civilizations. It can be observed that the trials and judgment in Hebrew Bible which reflected the general characteristics of trials in early ancient civilizations, had historical ties to the ancient Egyptian Law and Cuneiform Law, on the other hand, however, significant differences existed between them, because of the strong features of Israelites. In the medieval age, the trials and judgment in Hebrew Bible have had important influences on the Canon Law of Christianity and on the trials of Sharia Law in Islam. The influences imposed mainly through the religious doctrines. In the modern times, the trials and judgment in Hebrew Bible has been cultivating the modern trial culture to a certain extent. The essences in Hebrew Bible have been internalized as cultural elements, and embedded in the western culture background. The idea of Last Judgment represents a distinctive way of thinking in European and American culture, which means a person who did evil must be placed under the just judgment and bears deserved punishment via the judgment. On the substantive level, the trials in Hebrew Bible resulted in a number of impacts on the modern judicial system as well, for example, the generation of modern prosecutorial power, the formation of oath system in modern tribunal and so forth.It can be confirmed that the trials and judgment in Hebrew Bible have significant status through the research. They are not only the precious samples for the scholars to recognize the trials in early ancient times, but also important media to understand the ideology of judgment and modern legal civilization. And they have tremendous cultural values, and thus can be regarded as invaluable legal cultural treasures.
Keywords/Search Tags:Hebrew Bible, Pentateuch, Israelites, Deuteronomic History, Ideology of Trial and Judgment
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