Description
Book Synopsis“This very handy introduction takes a conceptual approach to biblical law, organizing this subject in terms of its ancient legal sources, social institutions, judicial procedure, crime and punishment, property and contracts, personal rights and status, and family relationships from betrothal to inheritance. Because of its thematic arrangement, this presentation speaks to the selective reader who seeks specific information and also to the comprehensive student who seeks a broad understanding of the ancient Hebrew legal system. Long out of print, Hebrew Law in Biblical Times (1964) now appears in an improved, second edition. While retaining the original character of Falk's style and observations, this book has been edited to serve the modern reader and researcher. Falk’s 1977 addenda have also been included, along with a comprehensive bibliography of his lifetime publications.”
Trade Review"The work discusses an array of issues having to do with how Hebrew Law was structured and applied. It is not easy to envision what the Law "looked like" in action by merely reading the Hebrew Scriptures. This volume makes for a helpful introduction to this subject, and the endnotes contain sources for more in-depth analysis. A few charts and maps as well as an ancient source index round out the study." --Charles H. Ray, in The Conservative Theological Journal (August 2004) "This new edition of Falk's 1964 volume has been thoroughly edited to remove various typographical defects in the first version. Changes and additions are limited to addenda by the author (pp. 179-201), a resume of Falk's published work through 1999 (pp. 203-20), and an updated citation index (pp. 221-41). Unfortunately, Falk passed away during the volume's preparation, but in his absence Eisenbrauns and J. W. Welch, the editor, seem to have produced an attractive and useful book... There is much of value in Falk's book. Perhaps its most beneficial feature is that the discussion is conveniently arranged in standard legal categories, such as the administration of justice, property law, contracts, debt, marriage, divorce, etc. In each section, Falk brings together not only the pertinent laws of the Pentateuch but also related texts from the narrative, prophetic, and wisdom texts of the Hebrew Bible. Near Eastern laws and rabbinic tradition are also prominently included in the discussion. These features alone make the book a valuable reference tool. Moreover, we should not overlook the positive benefits offered by pre-critical readings of the biblical text. Among the most important of these is the insight gained when we observe efforts to compare and harmonize diverse pieces of legislation on the same topic. Although some scholars will not accept these pre-critical solutions (with good reason), the observations alone are telling for a serious and critical study of the laws. Furthermore, in some cases, it turns out that "pre-critical" readings provide useful solutions that critical scholars, in our zeal for the diachronic, have overlooked. The impetus behind this republication of Falk's volume seems to have been didactic, with the editor motivated by a desire to use the book in training lawyers at Brigham Young University. I, for one, share the editor's assessment and plan to use the book in my classes on biblical law. But readings in Falk will need to be generously supplemented with selections that accentuate the uniqueness of the various Hebrew legists and the diachronic character of the law and codes they promulgated." --Kent Sparks, Eastern University, St. Davids, Pennsylvania in JNES, April 2004.
Table of ContentsPreface to the First Edition
Preface to the Second Edition
1. The Sources
The Source Material
Law and Religion
Terms of Law
Law Making
Identity and Change
2. Tribe, Nation, and State
Patriarchal Society
The Settlement
Kingship
Royal Administration
The Synagogue
3. Administration of Justice
The Courts
Divine Judgment
Procedure
4. Crime and Punishment
Responsibility
The Crimes
Punishment
Compensation and Restitution
5. Things and Contracts
Property
Restrictions and Ownership
Contracts
Barter and Sale
Debt and Distress
Partnership and Agency
Hire
6. Persons
Women
Infants
Foreigners
Slaves
7. Family
The Father’s House
Matrilocal Marriage
Concubinage
Polygyny
Endogamy and Exogamy
8. Marriage and Divorce
Marriage Terms
Betrothal
Bride-Price and Dowry
The Nuptials
Divorce
Widowhood
9. Children
Patria Potestas
Adoption
10. Succession
Freedom of Disposition
Legal Succession
Addenda
Bibliography
Citation Index
