The Law in Context

[Teallaura]

Okay, this may seem exceedingly stupid - I'm not always first to the party - but how does the law compare to other ANE laws/cultures? It occurred to me today (okay, so sometimes I'm really late to the party) that rather than the stringent, repressive code that the law is often represented as being it might well be a much freer, egalitarian code in comparison to its ANE counterparts. Rather than a curb on freedom it might be a curb on the excesses of the world at that time (I'm hoping coherence is showing up here 'cause this is harder to phrase than it should be).

Take 'an eye for an eye'. It's usually read to mean that the punishment should fit the crime - but might it actually be a limit on punishment rather than a mandate? Maybe 'the punishment may not exceed the crime' would be a fairer understanding. That strikes me as more consistent with "I don't want your sacrifices, I want you to show mercy'.

I was glancing through Leviticus and Deuteronomy looking for the verse and I realized that the laws I was seeing weren't draconian and repressive but fair and just. Men had the same restrictions as women concerning discharges; a captive taken in war to become a wife gained the true status of a wife even in divorce. I'm betting that wasn't true in other cultures - but I don't know for sure.

Any suggestions where I can start research-wise? Book suggestions?

Yeah, I know growing a brain would probably be the first step...

[jpholding]

Actually, I just read a good book to start with -- was going to post a review soon:

http://www.amazon.com/Corporal-Punis.../dp/0830827617

[Teallaura]

Thanks!

[moreta]

Teal--
Good point. I never thought about it that way. Sort of a "go this far and no farther, but you don't have to go this far either" line in the sand. This might be a good question to ask Tanakh Keeper too.