“The Birth of the Lemma: Recovering the Restrictive Interpretation of the Covenant Code's Manumission Law by the Holiness Code (Lev 25:44–46)”
Journal of Biblical Literature 124 (2005): 617–639.
The jubilee laws of the Holiness Code contains a previously unrecognized restrictive reinterpretation of the Covenant... more
The jubilee laws of the Holiness Code contains a previously unrecognized restrictive reinterpretation of the Covenant Code’s law requiring manumission of the Hebrew slave ( עבד עברי )
after six years of service. This case, which involves studied lemmatic citation and reformulation of the earlier law, has important implications for contemporary pentateuchal theory, where the question of the dating of the Holiness Code relative to the other literary sources has been reopened during the last quarter century. The reasons why this case has escaped the attention of scholarship are equally significant. The Septuagint translator failed to recognize the reuse of two technical legal idioms relevant to manumission law and misconstrued the syntax and punctuation of the Hebrew Vorlage of Leviticus 25:44, 46. That ancient misunderstanding has had a lasting impact upon the way this unit has subsequently been understood. Seeing the text in its own light opens up a significant new perspective on the sophistication of the Holiness Code and its literary relation to the other pentateuchal sources. The techniques for legal reinterpretation employed in Leviticus 25 include the use of the Wiederaufnahme and pronominal deixis. These techniques, as well as their larger goal of textual reapplication, reveal an emergent form of the methods that are well attested in the pesher and other more formalized exegetical literature of the later Second Temple period. That they occur here in a text that presents itself as revelatory rather than as exegetical, however, raises a series of fascinating hermeneutical issues.
Keywords:
Holiness Code; Covenant Code; Leviticus 25; abrogation; lemmatic exegesis; pentateuchal theory; source criticism; inner-biblical exegesis; manumission laws; slave laws of the Pentateuch; Exodus 21; Septuagint; textual-criticism; translation theory; Biblical manumission laws; slave laws Bible; lemma; documentary hypothesis; dating of H; dating of Priestly source; Sara Japhet; John van Seters; Rewritten Bible; manumission laws; Holiness Code; Leviticus 25; Covenant Code; Deuteronomy; Exodus 21; Deuteronomy 15; Jeremiah 34; Sara Japhet; Jacob Milgrom; John Van Seters; Date of Holiness Code; Date of Priestly source; Date of H; Date of P; source criticism; pentateuchal theory; intertextuality in Bible; sabbatical year; jubilee legislation; Cholewinski; Chirichigno; die Freilassung von Sklaven im Pentateuch; Levitikus 25; Dtn 15; Ex 21; Heiligkeitsgesetz; Deuteronomium; relecture; Holiness Code; Covenant Code; Leviticus 25; abrogation; lemmatic exegesis; pentateuchal theory; source criticism; inner-biblical exegesis; manumission laws; slave laws of the Pentateuch; Exodus 21; Septuagint; textual-criticism; translation theory; Biblical manumission laws; slave laws Bible; lemma; documentary hypothesis; dating of H; dating of Priestly source; Sara Japhet; John van Seters.
The First Constitution: Rethinking the Origins of Rule of Law and Separation of Powers in Light of Deuteronomy
Cardozo Law Review 27:4 (2006): 1853–1888.
This article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional... more
This article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law. The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text—the “Torah”—that delineates their jurisdiction while also ensuring their autonomy. This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law. Deuteronomy’s implicit model for a political constitution is unprecedented in legal history. Two of its cornerstones are fundamental to the modern idea of constitutional government: (1) the clear division of political powers into separate spheres of authority; and (2) the subordination of each branch to the authority of the law. This legislation was so utopian in its own time that it seems never to have been implemented; instead, idealism rapidly yielded to political pragmatism. Nonetheless, Deuteronomy’s draft constitution provides an important corrective to standard accounts of constitutional legal history.
Keywords:
Constitutional thought; rule of law; separation of powers; Deut 16:18-18:22; Laws of public officials; Law of the king; Deut 17:14-20; Ämtergesetze; Verfassungstheorie; Torah monarchy; Sophocles Antigone law; Herodotus Demaratus; Greek kingship; Mishnah King; mishnah Aboth 1:1; American constitution; Josephus πολιτεία [politeia]; origin of judicial system; Hammurabi; founding myth; independent judiciary.

