Governmental and Judicial Ethics in the Bible & Rabbinic Literature
INTRODUCTION
Subjects reviewed in Introduction
Identifying the Topic, Limitations of the Study, Significance of the Subject, and Methodology.
“Justice, justice shalt thou pursue,” is the preamble of the injunction in the book of Deuteronomy pertaining to the appointment and qualifications of judges. But why “pursue”? Because, as it has been aptly observed, “justice is not without us as a fact, but like the kingdom of God a great yearning within us.” In fact, our whole social life is in essence but a long, slow striving for the victory of justice over force.1
Identifying the Topic
The task of this examination is to trace that “long, slow striving for the victory of justice over force” as it is discerned in biblical and rabbinical literature. The path of the study leads through that particular portion of this literature which is concerned with governmental and judicial ethics. The goal of the inquiry is to so study and analyze the governmental and judicial literature of the Torah and the Talmud, utilizing supplemental writings that have a bearing on the subject, until a clear, critical, comprehensive presentation has been made of the governmental and judicial ethics found in the Hebrew Scriptures and the literature of postbiblical Judaism. This modus operandi will allow for a coherent summation of findings and an offering of some valid conclusions from the study.
Limitations of the Study
A study of ethics, per se, is not the main thrust of this inquiry. However, when one speaks of “the victory of justice over force,” there is already presupposed a framework of ethics which has given meaning to justice. Since the Bible makes no formal distinction between ethical, ritual, and legal commandments, this inquiry will necessarily include differentiating among these commandments in order to distinguish the ethical aim which has given meaning to the justice sought after in any particular legislation. This procedure will naturally lead to a study of the biblical materials which emphasize governmental and judicial ethics, while at the same time avoiding commandments dealing with ritual and the like.
Neither is social ethics, as such, central to this study. However, any examination of governmental ethics implies the existence and operation of a distinctive society which is being regulated by laws characterized to some degree by ethical principles. Therefore, it will be necessary to determine whether, or to what degree, the governmental and judicial ethics of biblical or postbiblical Jewish literature are compatible with, or antagonistic to, social reality, and to what extent biblical and rabbinic legislation was translated into reality. In this way social ethics are not arbitrarily eliminated from the study, but rather confined to the valid relationship they tend to have to the central topic.
Similarly, religious ethics will be kept in proper perspective throughout the study and not be allowed to overshadow the main theme. However, ancient religion in general, and Judaism in particular, rarely distinguished between religious and other ethics. Religion permeated all spheres of life. Therefore, it will be necessary to study the close ties between governmental and judicial ethics and religious ethics, because, in the study of the main thesis it will become apparent that Jewish law, government, and jurisprudence are all grounded in theological foundations, and religion has not been removed from the social, economic, judicial, and political aspects of Jewish life. As pointed out by Licht, “In the Bible ethical demands are considered an essential part of the demands God places on man. This close connection between the ethical and religious realms (although the two are not completely identified) is one of the principal characteristics of the Bible; hence, the central place of ethics throughout the Bible.”2
While ethics has a central place through the Bible and postbiblical Judaism, and there is a close connection between the ethical and religious realms, this work will be considering religious ethics only when reflected in a governmental or juridical way.
Moral theology is of such consequence to the study that it could easily become a major theme. This is because the morals called for through biblical and talmudical legislation were viewed by the Jews as being standards set by God through the Torah or the Tradition. Thus, the theology of the Jews encompassed, among many other things, their morality. As will be shown, this morality was often articulated for them through legal enactments and judicial rulings. In spite of the strong and close relationship of moral theology to the governmental and judicial ethics of the Jews, it will be possible to keep this aspect of the study in its proper place, and allow its influence to be directly felt only where the close relationship between law and morality is under specific consideration.3
Thus, the field of inquiry is set out specifically as governmental and judicial ethics in Hebrew Scripture and rabbinic literature. This subject will be influenced, but not overshadowed, by ethics, social ethics, religious ethics, and moral theology. The distinction between governmental ethics in general and judicial ethics in particular will emerge as the overall topic unfolds in succeeding chapters.
Significance of the Subject
It so happens that the governmental and judicial ethics in Judaism were so germane to the total structure of Jewish life during the eras under scrutiny that the study of this subject inevitably touches the wellsprings of much of what was truly characteristic of Jewish society throughout those centuries. And when those wellsprings are tapped during the course of this inquiry, there comes an overflow, as from an artesian well, that indicates some reasons why this subject is significant.
Even though this inquiry is restricted to an analysis of the governmental and judicial ethics found in biblical and rabbinical literature, nevertheless it affords an opportunity to become aware of how great a debt the world, the Western world in particular, owes to the ancient Hebrew nation for much of its heritage, especially in the fields of ethics and law.
This subject is also important because, by its nature, it portrays a nation that continued over many turbulent centuries largely because its very survival was predicated upon the keeping of law. The central place of law in Hebrew society was a catalyst which eventually, despite many setbacks, created a society from which the grosser evils of paganism had been banished.
The unparalleled historical saga which is discernible in the background of this study serves as a stage upon which the analysis of government and jurisprudence is done. Although history, as such, is not studied, it becomes increasingly apparent, as the study proceeds, that the saga of the Jews was, to a great extent, a continuing implementation of an ethical-legal system that contributed greatly to the cohesiveness and continuity of their history.
Another important dimension of the topic that cannot escape notice is the dynamic blend of ethics, religion, morality, and law which was so sharply focused in the governmental and judicial ethics of Judaism. In Judaism, law will particularize, morals will moralize, religion will vitalize, and ethics will criticize; and, where applicable, government and jurisprudence will standardize. This unifying coherence from the different facets of life made it logical for the government and judiciary to reflect an ethical system touching the totality of Jewish life.
Thus, the actualizing of a Jewish society which incorporated ethics, religion, morality, and law was accomplished within a framework which emphasized governmental order and judicial procedure. Although the above peripheral facets are contributing factors to the importance of this study, its prime significance lies in its analysis of the ethics which characterized the government and judiciary described in biblical and rabbinic literature.
Methodology
This volume of work is a comparative study of the governmental and judicial ethics in Hebrew Scripture and rabbinic literature. However, the comparison is not simplistic. The complex nature of the subject and the interrelation of the Biblical and rabbinic literature prohibit a simple comparative study. Rather, the comparison is logical. Sometimes the respective literatures are intermingled for an in-depth probe of a particular point. At other times they are set apart to point out contrasting positions. Again, they are progressively unfolded in a thematic way to illustrate the evolutionary character of a particular law or judicial procedure from Biblical into talmudic times.
The structure of the material is also designed to follow a logical order. First of all, the concept of law in the Bible and Talmud and the law of government are examined in both of these primary sources. Then the role of the Sages in their legislative activity is analyzed. After these concepts of law have been considered, there is a study of the governmental legal system as it existed in Judaism. The legal ethics of Judaism are examined in relation to the legal system itself. Penal legislation is then used as a vehicle for examining and evaluating the governmental ethics of Judaism.
In logical progression, the next area studied is the enforcement of governmental ethics in Judaism. The place and nature of authority in the system are examined. The actual establishment of the court system is traced in the sources. The ethical quality of the leadership called for within the court system is determined, and the close relationship of the law and morality is pointed out. Closely related to the enforcement of governmental ethics in Judaism are the criteria and implementation of a system of rewards and punishments in governmental ethics. The sources show that rulers and subjects alike are regarded as subject to divine reward and punishment. The death penalty as articulated in biblical and rabbinic literature is used as a case study for the principle of punishment as set out in this literature. Other case studies relating to the governmental-judicial ethics of punishment equal to the crime, used because of their prominence in the Bible, are the “measure for measure” injunction and the “blood for blood” demand.
The detailed study concludes with an evaluation of the ethics of government in war and peace as determined from the biblical and rabbinic sources. The rules for war are studied as they applied to the people, army, and king. The subject of peace is found to be comprehensive in scope and of major emphasis in the Bible and postbiblical Judaism. The volume closes with a summary and evaluation of findings and a statement of conclusions.
The late Dr. James E. “Gene” Priest donated all of his personal life-time of written work to StudyJesus.com, including this exceptional work on Governmental & Judicial Ethics in the Bible & Rabbinic Literature. In the Preface of the book, Dr. Priest wrote:
“A work of this kind reflects, to a great extent, the accumulative influences of many people. I am grateful to Dr. J. D. Thomas, Retired Chairman, Bible Department, Professor of Bible, Abilene Christian University, and to Dr. Frank Pack, past Dean, Graduate School, Distinguished Professor of Bible, and Chairman of the Religion Division, Pepperdine University, for excellent biblical teaching during my early graduate studies.
I will always be thankful for those who taught me at The John Hopkins University. With reference to background knowledge necessary for this book, I am especially indebted to Dr. Samuel Iwry and Dr. Delbert Hillers for leading me in Hebrew Scripture studies, and to Rabbi Samuel Rosenblatt for introducing me to Syriac, Biblical Aramaic, and Mishnaic Hebrew. I am also appreciative of a special kindness extended to me beyond the call of academic duty by Dr. Hillers and Dr. Hans Goedicke, Chairman, Near Eastern Studies Department.
My years at the Ecumenical Institute of Theology were rich with learning experiences. Father C. S. Mann, Dean, Ecumenical Institute of Theology, St. Mary's University, was most helpful as one of my teachers and as a patient consultant concerning my research. However, in spite of the rich contributions 1 received from each of the above-named mentors, the present work would not have been done had it not been for the wise teaching, counsel, and superb guidance through vast areas of literature, including ‘the sea of the Talmud,’ by Dr. Moses Aberbach, Baltimore Hebrew College and Ecumenical Institute of Theology. ‘Thank you’ seems so inadequate for the capable and sensitive leadership he gave me throughout the study. Any deficiencies in the final product cannot, in any way, be assigned to him – only to me.
My appreciation for libraries and library staff has heightened tremendously during my research. Without exception, the people at the following libraries where I did research were kind and helpful: The Johns Hopkins University, St. Mary’s Seminary and University, Baltimore Hebrew College, Hebrew Union College, Pepperdine University, and the University of California at Los Angeles.
My deep gratitude is hereby expressed to Mrs. Marie Mears, The Johns Hopkins University, for typing the entire manuscript, Hebrew excepted.
I would be an ingrate indeed if I also did not express my deep gratitude to the members of the University Parkway Church of Christ, Baltimore, Maryland, where I served as Elder and Minister during nine happy years. Their generosity and encouragement made it possible for me to continue my project to completion.
Finally, what can be said to a wife who has not only willingly shared the rigors and demands of this literary effort but has remained constant with her help and encouragement? It was truly a work of love on her part, and my love for her has been deepened by our shared experience in this project over the past few years.”
In the book’s foreword, R. Wayne Estes (Professor of Law, School of Law, Pepperdine University), wrote:
“This publication of Dr. Priest’s monumental study of judicial and governmental ethics in Hebrew Scripture and rabbinic literature comes at a peculiarly appropriate time. Recent years have seen a renewed interest in retracing our ‘roots’ in an effort to better understand our present state and future aspirations by better understanding our antecedents. This need exists and has validity in the realm of ethical standards as well as lineal ancestors.The impact of the ethical implications of Judaism has an influence that far exceeds the formal acceptance of that religion. Based on both pragmatic and moral needs of mankind, these ethical principles continue to influence standards of human and governmental conduct even when there is absent a realization of their origins.
Dr. Priest deals swiftly and effectively with a complex subject as he describes the origin and implementation of these judicial and governmental ethical considerations under Judaism. The reader will be impressed anew with the scope, flexibility and magnificent capacity of the principles involved.
The author aids us in realizing again the debt owed to the Hebrew nation by a great part of the world for much of its heritage and time-honored tradition in legal and ethical matters.
Dr. Priest’s book is timely, effective, and helps us in better understanding who we are and in better appreciating the factors that have influenced us and our culture.”
Brief Resume of Dr. Priest
Priest served in the Army Air Corps from 1942-1946, flying the P-47 as 1st Lt. Fighter pilot in Italy, France, and Germany with the 86th Fighter Group, 525th Fighter Squadron. He received the good conduct medal, air medal, Purple Heart, and his unit received two Presidential Unit Citations. He also received the victory ribbon and the various theater of war ribbons. Priest held earned degrees: Ph.D. with a double major in Scripture (O.T. & N.T.), and a double minor in Theology and Philosophy from St. Mary’s University; M.A. with major in biblical Hebrew and minor in Ancient Near Eastern History from Johns Hopkins University; M.S. with a major in Religious Education and a minor in English Bible from Abilene Christian University; and B.A. with major in English Literature and a minor in English from the University of Colorado. In higher education he was professor of religion at Pepperdine University, lecturer in law and religion at Pepperdine University School of Law, adjunct professor in the Harding University Graduate School of Religion, visiting professor at St. Mary’s University, and was invited to teach as a visiting professor at the University of Judaism. He received the Christian Bible Teacher Award and the Distinguished Christian Service Award from Pepperdine University.
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