Theory and Practice in Essene Law

Nonfiction, Religion & Spirituality, Judaism, Sacred Writings, History
Cover of the book Theory and Practice in Essene Law by Aryeh Amihay, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Aryeh Amihay ISBN: 9780190631031
Publisher: Oxford University Press Publication: October 28, 2016
Imprint: Oxford University Press Language: English
Author: Aryeh Amihay
ISBN: 9780190631031
Publisher: Oxford University Press
Publication: October 28, 2016
Imprint: Oxford University Press
Language: English

This book offers a novel approach for the study of law in the Judean Desert Scrolls, using the prism of legal theory. Following a couple of decades of scholarly consensus withdrawing from the "Essene hypothesis," it proposes to revive the term, and suggests employing it for the sectarian movement as a whole, while considering the group that lived in Qumran as the Yahad. It further proposes a new suggestion for the emergence of the Yahad, based on the roles of the Examiner and the Instructor in the two major legal codes, the Damascus Document and the Community Rule. The understanding of Essene law is divided into concepts and practices, in order to emphasize the discrepancy between creed, rhetoric, and practices. The abstract exploration of notions such as time, space, obligation, intention, and retribution, is then compared against the realities of social practices, including admission, initiation, covenant, leadership, reproof, and punishment. The legal analysis yields several new suggestions for the study of the scrolls: first, Amihay proposes to rename the two strands of thought of Jewish law, formerly referred to as "nominalism" and "realism," with the terms "legal essentialism" and "legal formalism." The two laws of admission in the Community Rule are distinguished as two different laws, one of an association for a group as a whole, the other as an admission of an individual. The law of reproof is proven to be an independent legal procedure, rather than a preliminary stage of prosecution. The methodological division in this study of thought and practice provides a nuanced approach for the study of law in general, and religious law in particular.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book offers a novel approach for the study of law in the Judean Desert Scrolls, using the prism of legal theory. Following a couple of decades of scholarly consensus withdrawing from the "Essene hypothesis," it proposes to revive the term, and suggests employing it for the sectarian movement as a whole, while considering the group that lived in Qumran as the Yahad. It further proposes a new suggestion for the emergence of the Yahad, based on the roles of the Examiner and the Instructor in the two major legal codes, the Damascus Document and the Community Rule. The understanding of Essene law is divided into concepts and practices, in order to emphasize the discrepancy between creed, rhetoric, and practices. The abstract exploration of notions such as time, space, obligation, intention, and retribution, is then compared against the realities of social practices, including admission, initiation, covenant, leadership, reproof, and punishment. The legal analysis yields several new suggestions for the study of the scrolls: first, Amihay proposes to rename the two strands of thought of Jewish law, formerly referred to as "nominalism" and "realism," with the terms "legal essentialism" and "legal formalism." The two laws of admission in the Community Rule are distinguished as two different laws, one of an association for a group as a whole, the other as an admission of an individual. The law of reproof is proven to be an independent legal procedure, rather than a preliminary stage of prosecution. The methodological division in this study of thought and practice provides a nuanced approach for the study of law in general, and religious law in particular.

More books from Oxford University Press

Cover of the book Aging: Oxford Bibliographies Online Research Guide by Aryeh Amihay
Cover of the book God's Traitors by Aryeh Amihay
Cover of the book The Victorian Novel Dreams of the Real by Aryeh Amihay
Cover of the book Debating Pornography by Aryeh Amihay
Cover of the book Religiously Affiliated Agencies: Oxford Bibliographies Online Research Guide by Aryeh Amihay
Cover of the book Warfare State by Aryeh Amihay
Cover of the book Crime in Canada by Aryeh Amihay
Cover of the book Atmospheric Justice by Aryeh Amihay
Cover of the book Public Governance and the Classical-Liberal Perspective by Aryeh Amihay
Cover of the book The Occupiers by Aryeh Amihay
Cover of the book Choral Repertoire by Aryeh Amihay
Cover of the book On the Art of Singing by Aryeh Amihay
Cover of the book Labor Movement by Aryeh Amihay
Cover of the book The Rights of Indians and Tribes by Aryeh Amihay
Cover of the book Understanding Body Dysmorphic Disorder by Aryeh Amihay
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy