TIP OF THE DAY 65: Casuistic law and death penalty (long for forum platform change)
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Since the forum change has been delayed, I've started adding these posts to the previous tip list. See L/V 10 Tip of the Day Note that this list has been moved to the wiki (which itself is moved to the new forum software).
VOCABULARY: Literary types, Longacre genre
Lexham literary types
Law, Apodictic — (OT) A legal requirement that is usually unconditionally true or always applicable, meaning the law applies the same in virtually all cases.
Law, Casuistic — (OT) A law that applies only under appropriate conditions. Case law.
Law, Cultic — (OT) A legal text providing detailed requirements for religious practice.
Law, Law Code — (OT) A collection of laws.
Law, Ritual — (OT) Laws related to religious practices that carefully detail specific aspects of the practice, especially who and what is involved, and when, where and how it should be done. [1]
Exhortation — (OT and NT) A message urging action that is characterized by warnings, advice, instructions, and urgent appeals.
Exhortation, Community — (NT) A message directed to the whole community urging action that is characterized by warnings, advice, instructions, and urgent appeals.
Exhortation, Final — (NT) A concluding statement urging action and giving closing instructions or making a final appeal. [2]
Instruction — (OT) An account focused on conveying knowledge, such as guidance for proper behavior or regulations that must be observed.
Instruction, Community — (NT) A text offering instructions relevant for the entire Christian community.
Instruction, Concerning a Letter — (NT) A statement in a letter regarding what should be done with the letter.
Instruction, Ethical — (NT) A text offering moral instruction.
Instruction, Pastoral — (NT) A text providing instruction on the duties of someone serving in church leadership.
Instruction, Personal — (NT) A text characterized by instructions directed to an individual.
Instruction, Prologue — (OT) A brief statement introducing a teaching text which may summarize what the text is intended to teach.
Instruction, Ritual — (OT) Instruction for religious practices with specific details about the practice such as who and what is involved, and when, where and how it should be done. [3]
Longacre genre
Narrative A text that is agent focused and follows a temporal succession. The narrative sub-genres of Story and Future Events are distinguished by projection into the past or future, respectively.
Narrative: Story A text that recounts the past activities of an agent(s) according to a temporal succession. Examples of this genre abound in the primary history of the Hebrew Bible, which ranges from Genesis through 2 Kings.
Narrative: Future Events A text that predicts future activities of an agent(s) according to a temporal succession. This genre might typically be referred to as prophecy, but many prophetic texts of the Bible can also be hortatory or expository. Examples of this genre, however, can often be found in prophetic texts such as Jeremiah’s oracles against nations in Jer. 47–48, 50.
Procedural A text that lacks agent focus but follows as temporal succession. The procedural sub-genres of How it was done and How to do it are distinguished by projection into the past or future, respectively.
Procedural: How it was done A text that describes the steps by which a past action was performed. Examples of this genre are texts describing how priests performed sacrifices or offerings.
Procedural: How to do it A text that describes the steps by which a person should perform an action. Examples of this genre are texts that describe how priests should perform sacrifices or offerings.
Behavioral A text that is agent focused but lacks temporal succession. The behavioral sub-genres of Hortatory and Evaluation are distinguished by projection into the past or future, respectively.
Behavioral: Hortatory A text that places obligations on the speaker or some other person. Examples of this genre are texts where promises or commands are made or where warnings are issued.
Behavioral: Evaluation A text that evaluates the past behavior of an individual or group based on some criteria. Examples of this genre are texts where past behavior is either praised or rebuked.
Expository A text that lacks both agent focus and temporal succession. The expository sub-genres of What things are or were like and What things will be like are distinguished by projection into the past or future, respectively.
Expository: What things are or were like A text that describes what things are or were like. Standard examples of this genre can be found in the dialogues between Job and his friends. Parables are non-standard examples since they are often in narrative form but often begin with statements like “the Kingdom of God can be compared to” or “the Kingdom of God is like.”
Expository: What things will be like A text that describes what things will be like in the future. Some prophetic texts fall into this genre where a future time period is described but specific events in the future are not being narrated nor are promises being made or warnings being issued.[4]
Cultural concepts
Beheading: Cutting off a person's head, either as an act of killing or subsequent to the death of a person.[5]
Capital punishment: The practice of executing certain criminals for their crimes.
Dismemberment: Removal of body parts as a way to weaken and shame an enemy, or as an act of punishment or sanction; often fingers, toes, hands, or eyes[7]
Divine punishment: The activity of a deity in punishing people.
Execution by wild beasts: A form of execution. Death by wild beasts might also occur during a contest or game in which young men and women would battle wild beasts, often as a form of entertainment.[9]
Execution: The practice of killing another person in a formalized way.[10]
Hanging: The act of suspending a person by the neck resulting in death, often for the purpose of capital punishment[11]
Impalement: Concepts of impalement and its cultural perceptions, especially where it is a means of execution.[12]
Imprisonment: The practice of confining people as punishment for crimes.[13]
Sanctions: Any kinds of punishments given to those who have violated laws or agreements.[14]
Scourging: The practice of whipping people with a special whip that has spikes, thorns, or other kinds of hooks attached to the ends of the whip.[15]
Stoning: The practice of executing a person by throwing stones at them.[16]
Torture: To cause physical or mental pain as punishment or revenge, or for extracting information[17]
QUESTION: How do I find a casuistic law?
SOFTWARE: The distinction between apodictic and casuistic law is made in literary typing in Logos/Verbum.
ANSWER: Literary typing is a datatype. Its possible values are documented in Mangum, Douglas. The Lexham Glossary of Literary Types. Bellingham, WA: Lexham Press, 2014.
- Open Bible via application toolbar.
- Open a Search panel via application toolbar.
- Enter literaryTyping:"Law, Casuistic" as your search argument.
An example is Exodus 21:15 “Whoever strikes father or mother shall be put to death[18]”
QUESTION: What is casuistic law?
ANSWER: From Perplexity:
Casuistic law refers to a case-based method of legal reasoning that focuses on applying general principles to specific situations. Here are the key aspects of casuistic law:
1. Case-based approach: Casuistic law deals with particular cases or scenarios rather than broad, absolute rules. It typically uses "if-then" conditional statements to address specific situations.
2. Practical application: It aims to apply moral and legal principles to real-life ethical problems and concrete cases. This makes it especially useful in professional ethics, like business ethics and bioethics.
3. Conditional structure: Casuistic laws often begin with "if" and are followed by a "then" clause, outlining the consequences or actions to be taken in that specific scenario.
4. Contrast with apodictic law: Unlike apodictic law, which consists of absolute, general commands (like the Ten Commandments), casuistic law is more flexible and situation-specific.
5. Precedent-based: It relies on precedents and analogies, similar to legal reasoning in common law systems.
6. Ethical reasoning: Casuistry involves extracting or extending abstract rules from particular cases and reapplying them to new instances.
7. Practical wisdom: It emphasizes the importance of practical wisdom in applying ethical principles to complex real-world situations.
8. Flexibility: Casuistic law allows for more nuanced decision-making in situations where strict application of general rules might be problematic or unfair.
9. Biblical context: In Biblical studies, casuistic laws are often contrasted with apodictic laws, with many examples found in books like Exodus.
10. Modern applications: While historically associated with religious and moral reasoning, casuistry and casuistic approaches are still used in contemporary applied ethics and professional decision-making.
Casuistic law thus provides a framework for dealing with the complexities and nuances of real-world ethical and legal dilemmas, bridging the gap between abstract principles and practical application.[19]
QUESTION: What is the relationship of casuistic law, oral Torah and the Talmud?
ANSWER: From Perplexity:
The relationship between casuistic law, oral Torah, and the Talmud can be summarized as follows:
1. Casuistic law:
- Refers to case-based legal reasoning that applies general principles to specific situations.
- Often uses "if-then" conditional statements to address particular scenarios.
- Contrasts with apodictic law, which consists of absolute, general commands.
2. Oral Torah:
- Refers to the oral traditions and interpretations of the written Torah that were passed down orally from generation to generation.
- Believed by rabbinic Judaism to have been given to Moses alongside the written Torah.
- Provides explanations and applications of the written law.
3. Talmud:
- The central text of rabbinic Judaism that records and codifies the oral law.
- Consists of the Mishnah (early written compilation of oral law) and the Gemara (later rabbinical analysis and commentary on the Mishnah).
- Contains extensive legal discussions, including many examples of casuistic reasoning.
The relationship between these concepts:
- The oral Torah contains many examples of casuistic law, as it often deals with applying general Torah principles to specific cases.
- The Talmud, as the written record of the oral Torah, preserves and expands on this casuistic approach. It frequently uses case-based reasoning to derive legal principles and rulings.
- The casuistic method is a key feature of Talmudic discourse, with rabbis analyzing hypothetical scenarios to determine how laws should be applied.
- The Talmud's structure often follows a casuistic pattern, presenting a general law from the Mishnah followed by specific cases and discussions in the Gemara.
In essence, casuistic law is a key methodology used within the oral Torah tradition, which is then extensively documented and analyzed in the Talmud. This approach allows for the practical application of biblical laws to real-life situations across different times and contexts.[20]
QUESTION: For purposes of establishing social context, what is the relationship between Judaic law and the Code of Hammurabi?
ANSWER: From Perplexity:
The relationship between Judaic law and the Code of Hammurabi is a topic of scholarly debate, but there are some important points to consider:
1. Historical context:
- The Code of Hammurabi dates to around 1750 BCE in Babylon.
- The traditional dating of Mosaic law is several centuries later, around 1200-1300 BCE.
2. Similarities:
- Both contain laws based on the principle of retribution ("an eye for an eye").
- Both address similar issues like property rights, family law, and criminal justice.
- Some specific laws show striking similarities, like laws about goring oxen.
3. Differences:
- Judaic law is framed as divine commandments, while Hammurabi's code is presented as royal decrees.
- Judaic law places more emphasis on moral and religious obligations.
- The punishments in Hammurabi's code are often harsher than in Judaic law.
4. Possible influences:
- Some scholars argue that similarities suggest Babylonian influence on Judaic law.
- Others contend that both codes draw from a common legal tradition in the ancient Near East.
5. Unique aspects of Judaic law:
- Monotheism and the covenant relationship with God.
- The concept of ritual purity.
- The Sabbath and other religious observances.
6. Cultural exchange:
- The similarities may reflect broader cultural exchange in the ancient Near East.
- Both legal systems likely developed within a shared cultural milieu.
7. Scholarly debate:
- The extent of direct influence is disputed among scholars.
- Some argue for direct borrowing, while others emphasize parallel development.
While there are notable similarities between Judaic law and the Code of Hammurabi, there are also significant differences. The relationship is complex and likely reflects a combination of shared cultural heritage, parallel development, and possibly some degree of influence, though the exact nature and extent of that influence remains a subject of scholarly discussion.
QUESTION: How does Logos/Verbum this verse: “Whoever strikes father or mother shall be put to death[21]”
SOFTWARE: Note the difference in results on the context menu when you select the full verse as opposed to a word within it.
ANSWER: from the context menu:
- Speaker: God (Reported Speech)
- Addressee: Moses (Reported Speech)
- Law, Caustic (OT) A law that applies only under appropriate conditions. Case law (Literary typing).[22]
- Mitzvoth: Classification – Justice and the Courts (Commandments of the Law)
- Mitzvoth: Command - Cursing parents (Commandments of the Law)
- Mitzvoth: Number - N318 (Commandments of the Law)
- Mitzvoth: State – negative (Commandments of the Law)
- Mitzvoth: Applicable Today: true (Commandments of the Law)
- Cultural concept: Capital punishment - The practice of executing certain criminals for their crimes.[23]
- Declarative sentence - A declarative sentence is usually seen as an assertion of fact. And it usually uses the indicative mood and the most prototypical word order. The subjunctive mood is also used for declarative sentences. The purpose of declarative sentences is usually to express statements of fact.[24] (Sentence types).
- Informative: Assertive All Informative speech acts involve the exchange of information as the principle purpose of the communicative act.[25] An assertive speech act is one where a speaker makes an assertion or a statement, gives a description. The speaker thus provides (asserts) information to the hearer or audience.[26] (Speech act)
- Obligative:Directive All Obligative speech acts impose an obligation on either the hearer or the speaker themself.[27] A directive speech act is one where the speaker attempts to get the hearer to do something.[28] (Speech act)
- Behavioral: Hortatory A text that places obligations on the speaker or some other person. Examples of this genre are texts where promises or commands are made or where warnings are issued.[29] (Longacre genre)
QUESTION: How do I find other cases of capital punishment in the Bible?
SOFTWARE: Although the Context menu does not provide a path to the definition of the cultural concept, it does provide a path to a Bible search.
ANSWER: Method 1: Direct – using Context Menu
- In an open Bible, navigate to Exodus 12:17.
- Select the verse.
- Right click to open Context Menu
- On the left (tab) side, select Cultural concept.
- On the night (action) side, select Bible as a sub-option under search.
- Note the search argument is culture:"Capital Punishment"
- Using the NRSV, I got 120 verses.
Method 2: Indirect -using glossary
- From the command box or the library panel, open Witthoff, David, ed. The Lexham Cultural Ontology Glossary. Bellingham, WA: Lexham Press, 2014.
- In the navigation box (beside parallel resources book cover icon) begin typing “capital punishment”.
- When the drop-down selection box shows Capital punishment, select it and hit enter.
- You will see and entry containing:
- Heading
- Definition
- Reference works
- Hierarchy – position of entry in the ontology
- A search option
- Click on search option.
- Note the search argument is section:culture:"Capital Punishment"
- Using the NRSV, I got 120 verses.
QUESTION: What do the qualifiers of section and reference do for a speech act search?
SOFTWARE: From the Logos wiki:
These searches return the text that is identified by a textual datatype from information stored in a dataset.
- section:datatype:=~value
- reference:datatype:=~value
- datatype:=~value —> this is equivalent to section:datatype OR reference:datatype
- this format is used for most practical purposes, but use the section keyword to avoid references outside bibles.
ANSWER: The way to understand the difference is to see it … and repeating seeing it with different cultural values until you are comfortable that you understand.
- Open 3 search panels side by side.
- Set them all to a Book search against Your books.
- Give them each a different search argument:
- culture:"Capital Punishment"
- section:culture:"Capital Punishment"
- reference:culture:"Capital Punishment"
- Run the query putting the result in book order.
- Note that the book(s) in reference:culture:"Capital Punishment" do not appear in section:culture:"Capital Punishment". The former includes non-biblical books without the text; the latter includes Biblical books or quotations from them.
- Note that culture:"Capital Punishment" includes everything within both of the searches listed above.
Note that in addition to not capturing the punishment for a crime, Logos also does not capture who is the aggrieved party.
QUESTION: Give examples of the various prescribed death penalties in the Old Testament.
ANSWER: From Perplexity:
Based on the search results and Biblical references, here are the main forms of capital punishment prescribed in Jewish law, along with their occurrences:
- Stoning (most common method):
- Idolatry (Deuteronomy 17:2-5)
- Blasphemy (Leviticus 24:16)
- Sabbath-breaking (Numbers 15:32-36)
- Witchcraft/sorcery (Leviticus 20:27)
- Adultery (Deuteronomy 22:24)
- Rebellion against parents (Deuteronomy 21:18-21)
- Bestiality (Leviticus 20:15-16)
- Certain cases of incest (Leviticus 20:14)
- Prostitution by a priest's daughter (Leviticus 21:9)
- Murder (Exodus 21:12)
- Idolatry of an entire city (Deuteronomy 13:12-15)
- Mentioned as a form of execution, but possibly after death by other means (Deuteronomy 21:22-23)
- Kidnapping (Exodus 21:16)
- Cursing parents (Exodus 21:17)
- Various sexual offenses (Leviticus 20:10-16)
- Burning:
- Sword/Spear:
- Hanging:
- Unspecified "put to death" sentences:
It's important to note that:
- The application of these punishments varied throughout history.
- There were strict legal requirements for conviction, including multiple witnesses.
- Some scholars argue that certain punishments were meant more as deterrents than for frequent application.
- The New Testament introduces a different approach to law and punishment, emphasizing forgiveness and redemption.
Application:
Here are some examples from the Bible of stoning laws being applied:
- Sabbath-breaking: In Numbers 15:32-36, a man was found gathering sticks on the Sabbath day. He was brought to Moses, and God commanded that he be stoned to death by the entire congregation outside the camp.
- Blasphemy: In Leviticus 24:10-16,23, a man blasphemed the name of God during a quarrel. He was placed in custody until God's will was known, then was taken outside the camp and stoned to death by the congregation.
- Idolatry: In 1 Kings 21:1-16, Naboth was falsely accused of cursing God and the king (a form of idolatry). Though innocent, he was taken outside the city and stoned to death.
- Adultery: In John 8:1-11, a woman caught in adultery was brought to Jesus to be stoned according to the law. However, Jesus prevented the stoning in this case.
- Rebellion against parents: While no specific examples are given in the Bible, Deuteronomy 21:18-21 prescribes stoning for a stubborn and rebellious son.
- False prophecy: In Jeremiah 26:1-19, Jeremiah was threatened with death (likely by stoning) for prophesying against Jerusalem, though he was ultimately spared.
- General capital punishment: In Acts 7:54-60, Stephen was stoned to death by an angry mob for his testimony about Jesus, though this was not a legal execution.
- Attempted stoning: In John 10:31-39, the Jews picked up stones to stone Jesus for what they considered blasphemy, but He escaped.
It's worth noting that while the Mosaic Law prescribed stoning for various offenses, historical evidence suggests that by the time of Jesus, it was rarely carried out as a legal punishment. Many of the examples in the New Testament were either threatened stonings or mob actions rather than official judicial punishments.
[1] Douglas Mangum, The Lexham Glossary of Literary Types (Bellingham, WA: Lexham Press, 2014).
[2] Douglas Mangum, The Lexham Glossary of Literary Types (Bellingham, WA: Lexham Press, 2014).
[3] Douglas Mangum, The Lexham Glossary of Literary Types (Bellingham, WA: Lexham Press, 2014).
[4] Jeremy Thompson, Longacre Genre Analysis of the Bible Dataset Documentation (Bellingham, WA: Faithlife, 2016).
[5] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[7] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[9] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[10] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[11] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[12] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[13] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[14] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[15] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[16] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[17] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[18] The Holy Bible: New Revised Standard Version (Nashville: Thomas Nelson Publishers, 1989), Ex 21:15.
[19] https://en.wikipedia.org/wiki/Casuistry and https://www.britannica.com/topic/casuistry and https://thebiblefornormalpeople.com/the-law-of-love/ and https://www.timesrepublican.com/opinion/columnists/2017/08/apodictic-law-and-casuistic-law/ and https://www.merriam-webster.com/dictionary/casuistry and https://academic.oup.com/book/16552/chapter-abstract/172658812?redirectedFrom=fulltext and https://www.jstor.org/stable/3262951 and https://www.dictionary.com/browse/casuistic
[20] https://en.wikipedia.org/wiki/Oral_Torah and https://thebiblefornormalpeople.com/the-law-of-love/ and https://rsc.byu.edu/vol-19-no-1-2018/torah-mouth-introduction-rabbinic-oral-law and https://academic.oup.com/book/16552/chapter-abstract/172658812?redirectedFrom=fulltext and https://www.timesrepublican.com/opinion/columnists/2017/08/apodictic-law-and-casuistic-law/ and https://texags.com/forums/15/topics/459444 and https://www.jewishvirtuallibrary.org/the-oral-law-talmud-and-mishna and https://www.reddit.com/r/Judaism/comments/13y7m61/if_mishna_is_oral_torah_taught_by_hashem_to_moshe/
[21] The Holy Bible: New Revised Standard Version (Nashville: Thomas Nelson Publishers, 1989), Ex 21:15.
[22] Douglas Mangum, The Lexham Glossary of Literary Types (Bellingham, WA: Lexham Press, 2014).
[23] David Witthoff, ed., The Lexham Cultural Ontology Glossary (Bellingham, WA: Lexham Press, 2014).
[24] James Parks, Sentence Types Dataset Documentation (Bellingham, WA: Faithlife, 2016).
[25] James Parks, Speech Acts Dataset Documentation (Bellingham, WA: Faithlife, 2016).
[26] James Parks, Speech Acts Dataset Documentation (Bellingham, WA: Faithlife, 2016).
[27] James Parks, Speech Acts Dataset Documentation (Bellingham, WA: Faithlife, 2016).
[28] James Parks, Speech Acts Dataset Documentation (Bellingham, WA: Faithlife, 2016).
[29] Jeremy Thompson, Longacre Genre Analysis of the Bible Dataset Documentation (Bellingham, WA: Faithlife, 2016).
Orthodox Bishop Alfeyev: "To be a theologian means to have experience of a personal encounter with God through prayer and worship."; Orthodox proverb: "We know where the Church is, we do not know where it is not."
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Orthodox Bishop Alfeyev: "To be a theologian means to have experience of a personal encounter with God through prayer and worship."; Orthodox proverb: "We know where the Church is, we do not know where it is not."
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