Journal: Global Journal of Classical Theology
Volume: GJCT 08:1 (May 2010)
Article: The Concept Of Law In Biblical Narrative
Author: Vaidotas A. Vaičaitis

The Concept Of Law In Biblical Narrative

Vaidotas A. Vaičaitis

Vilnius University, Vilnius, Lithuania

According to Charles Montesquieu (1689-1755), who was one of the first modern legal comparativists, law and religion have very similar functions – to guarantee morality, peace and tolerance in the given society. If a religion may not guarantee all this, it has be done by law and other way around1. In the XXth century relationship between law and religion was taken into account first of all by philosophy2 and sociology (e.g. Max Weber), but in recent years also science of law had an ambition to say something about it3.

Paul Ricoeur’s (1913-2005) ideas about looking for sources of evil in various narratives of ancient civilizations, including biblical stories and Greek mythology, inspired me to apply the same method in searching for the sources of the concept of law. This method helped me in better understanding the very origins of the modern concept of law and deserves to be developed further.

First, it should be noted that already in the Old (or First) Testament, especially in the Torah, we can find many different kinds of rules. For instance, relying on Ex 20-23 rules may be grouped into two different categories: casuistic and apodictic. “Casuistic law” applies rules and sanctions to very concrete cases: concerning relationships with slaves, punishment for different wounds and injuries, compensation for various thefts etc. On the other hand, the Prophetic books contain some critique for static and formal application of the Torah’s casuistic rules (e.g. Ex 22, 20; 23, 9-12). The latter rules are proclaimed in the name of God and do not hold any sanctions. Frank Crüsemann considered these commands to be apodictic meta-norms or principles4. But this classification of rules does not help us to understand the very notion of law. In reconstructing the concept of law, I decided to look at the biblical story on “original sin” (Gen 3), because it is one of the oldest narratives of our civilization and rather similar narratives may be found in various different cultures. In this story we already observe the establishment of certain rules, their interpretation, violation and punishment. Thus, this narrative may also be interpreted as a legal story. In my opinion this story illustrates the very heart of the origin of the concept of law.

You must have a subscription and be logged in to read the entire article.
Click here to subscribe