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What's Divine about Divine Law?: Early Perspectives

by Christine Hayes

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In the thousand years before the rise of Islam, two radically diverse conceptions of what it means to say that a law is divine confronted one another with a force that reverberates to the present. What's Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition-Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis-struggled to make sense of this conflicting legacy.Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West.A stunning achievement in intellectual history, What's Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture.… (more)
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In this impressive book, Christine Hayes—highly regarded for her Between the Babylonian and Palestinian Talmuds (1997) and Gentile Impurities and Jewish Identities (2002), among other studies—undertakes to explain why various ancient Jewish thinkers conceive of the law of God in just the ways they do. In contrast to her earlier studies, here Hayes focuses not on particular points of halakhah but on the more basic question how the ancients understood the divinity of divine law. For all the significant differences among, say, the Qumran sectarians, Philo of Alexandria, the apostle Paul, and the rabbis in Palestine and in Babylonia, on Hayes’s account they are all wrestling with the dissonance between two inherited conceptions of law: the biblical and the classical. She summarizes, “It is the claim of this book that this incongruity between the biblical and the Greco-Roman conception of divine law was obvious and troubling to ancient Jews to different degrees and prompted three general categories of response” (4). Some Jewish thinkers (e.g., Philo) try to bridge the gap between biblical and classical conceptions of law, others (e.g., Paul) endorse the classical criticism of biblical law, while still others (e.g., the rabbis) internalise and invert that criticism, valorising the putative deficiency of biblical law.
 
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In the thousand years before the rise of Islam, two radically diverse conceptions of what it means to say that a law is divine confronted one another with a force that reverberates to the present. What's Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition-Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis-struggled to make sense of this conflicting legacy.Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West.A stunning achievement in intellectual history, What's Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture.

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