By John Van Seters
The basis for all examine of biblical legislations is the belief that the Covenant Code is the oldest felony code within the Hebrew Bible and that each one different legislation are revisions of that code. This booklet units forth the novel speculation that these legislation within the covenant code which are just like Deuteronomy and the Holiness Code are actually later than either one of those, and as a result cannot be taken because the starting place of Hebrew legislation.
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Extra info for A Law Book for the Diaspora: Revision in the Study of the Covenant Code
He also accepts Halbe’s view that Exod 34:11–26 is Israel’s oldest law and the theological basis of Israelite law to which the mishpatim have been added. Thus, Crüsemann and Osumi are in opposition to Otto and Schwienhorst-Schönberger on this point. Yet this early dating of Exodus 34 was already disputed by Perlitt and is also viewed as late by E. 69 Regarding the collection of mishpatim in Exod 21:1–22:16, Crüsemann states: “It is unmistakably different in both language and character, and in form and content there is no analog in the other Old Testament legal documents.
So such suppositions cannot help us with the process of the development of Hebrew law as Otto supposes. 58 What seems self-evident to Otto as collections based on similar forms of laws and their traditio-historical growth rests on form-critical notions about primitive collections of laws that were developed by scholars in the early twentieth century but have become very much suspect today. Comparable laws of the same form and content in the other Pentateuchal codes play no role in the discussion of these collections because they are already presumed to be secondary to the Covenant Code.
This was transmitted from the horizon of Near Eastern and Israelite jurisprudence, originating out of concrete legal practice. 63 This represents a very extensive redaction that gives to the law code a divine voice and includes a great diversity of material. In addition to this, there was a subsequent Dtr redaction that made still further additions, primarily to the protoDeuteronomic redaction. This is a greatly simplified scheme over that of Otto. It is, of course, not difficult to anticipate how Schwienhorst-Schönberger will deal with any comparison with Deuteronomy.
A Law Book for the Diaspora: Revision in the Study of the Covenant Code by John Van Seters