John W. Welch

This book caused me to consider the Book of Mormon in a new, more analytic way. Until now I had thought of it as a religious text. Now I see that it evidences ties to the Old Testament in much greater depth that I could have imagined. Here are a few notes that give a flavor of the book.

"Indeed, law and religion were much more closely aligned in the ancient world than they are in the modern state. In antiquity, God’s will was seen to reside in the judicial resolution of crucial issues. Thus show more the legal cases reported in the Book of Mormon, as in the Bible, are not just about crime and punishment in a secular sense. To the men and women who experienced those legal confrontations, those cases are all about the ultimate definitions of righteousness and wickedness, the open differentiation of truth from falsity, and the firm recognition of righteous authority as opposed to unjust imposition. Reading the scriptures in light of ancient laws, principles, practicalities, purposes, and sympathies enriches appreciation for issues and contexts out of which many of the plain messages of the prophetic Book of Mormon arose." (Page xii)

Chapter 5: The Case of Sherem
I had no idea that the accusations and counter accusations fit so neatly into the framework of the law of Moses. Next time that I read the last chapter of Jacob I will see it with different eyes.

Chapter 6: Trial of Abinadi
The first 5 pages of chapter 6 discuss who wrote this account and why. "Significantly, one of the main purposes of the book of Mosiah is to justify this major political change [from kingship to rule by judges]." (Page 142)

Chapter 7: Trial of Nehor
I, along with most people, tend to read the Book of Mormon as a religious book, and not consider the political events that formed the environment those people lived in. Bringing in the political side of their live makes it a lot clearer that they were involved in difficult decisions similar to what we face, and that making the decisions they made was probably just as difficult as it is for us to make good decisions.

Contents
Foreword and Personal Acknowledgements xi
Part I: Background Considerations
1. Entering the Ancient Legal World 3
2. Queries and Prospects 19
3. The Ideal of Righteous Judgment 57
4. Judicial Procedures in Biblical Times 77
Part II: Cases and Controversies 105
5. The Case of Sherem 107
6. The Trial of Abinadi 139
7. The Trial of Nehor 211
8. The Trial of Alma and Amulek 237
9. The Trial of Korihor 273
10. Comparing Sherem, Nehor, and Korihor 301
11. The Case of Paanchi 311
12. The Trial of Seantum 323
13. Judicial Punishments: Types and Rationales 335
Closing Statement 383
Appendix 1: Legal Proceedings in the Old Testament 391
Appendix 2: Legal Proceedings in the Book of Mormon 407
Bibliography 429
Citation Index 463
Subject Index 479 show less

Probably one of my favorite books. Profound insights, and thoroughly developed. Definitely a dense book as far as legal terms, discussion of Hebraic and modern law, but to be fair, the title and introduction give that away. But helped me both in my personal study of scriptures as well as an increased understanding and desire to learn Hebraic involvement in other scriptures. Very well done, and the author is one of my favorites to read due to his depth of knowledge and faith. I do not come show more from a legal background, and although the first section (understanding Hebrew and other law patterns) was a little tough to get through, it is well worth it, and develops a structure to understand the remaining chapters which have some valuable proposals to increase faith and knowledge. Highly recommend! show less

"[Joseph Smith] was never convicted of any crime" (back of dust jacket). While this may come across as hyperbole, this volume presents new research that shows that "as a defendant, he was never convicted of any criminal offense" (page xvii). Among other things, it reexamines the prominent cases that have typically been used as examples where Joseph was guilty, such as disorderly conduct, the Kirtland Safety Society, and the destruction of the Nauvoo Expositor press.

The editors of the book show more have been involved in the forthcoming legal volumes of the Joseph Smith Papers, and this book is an outcropping of that project. Its objective is to help the reader understand the complex legal landscape of the time and how Joseph Smith interacted with it. The book is made up of 18 papers, some of which are new; some are condensed and retitled reprints of papers going back as far as 1965. This collection of papers has been used to teach law students at BYU for the last eight years. This is the first book to focus exclusively on the legal aspects of Joseph Smith's life, and there is a sequel now being worked on.

The Joseph Smith Papers project has (so far) found documentation for over 200 cases that Joseph Smith was involved with in some way. Before this, only around 50 were known. The cases range from debt collections to criminal matters. In the back of the book is a 54 page legal chronology listing these legal items along with significant events in Joseph's life. Following that are biographies of the lawyers and judges involved.

In helping the reader to understand a very different legal environment that prevailed in the day, there is a glossary of early 19th century legal terms drawn from the 1839 Bouvier's Law Dictionary. There is also a list of suggested "Readings on Law, Culture, and Politics in Joseph Smith's Era." Throughout the book, there are helpful illustrations such as documents, bank notes, portraits, maps, and diagrams.

One of the ways in which the law was different than today is that the Bill of Rights only applied to the federal government, and the Fourteenth Amendment had not yet been added. Also, the court system was much different, and it - and the laws - varied by state. There was no law school and "juries reigned almost supreme" (page xv).

One of the interesting cases covered by multiple papers in the book is that of Maria Lawrence, with whom Joseph Smith was accused of living in open adultery. Many different possible defenses are detailed (Joseph was killed before the case was brought to trial so it can only be guessed how the case would have been handled). Some of the possible defenses included being protected under federal and state law, not being "open" adultery, lack of witnesses, and being protected under a Nauvoo ordinance that was made for Muslims. Unfortunately, an additional possibility mentioned is a bit weak. It involves medically proving that the marriage was never consummated. The author of the paper, M. Scott Bradshaw, admits in a footnote that Brian Hales has shown that it probably was consummated, but Bradshaw discounts the evidence saying it is secondhand and from a much later date. I found it somewhat humorous that, in looking up the reference to volume 2 of Hales' Joseph Smith's Polygamy, Hales mentions that Gordon A. Madsen (who uses the same reasoning as Bradshaw) disagrees with him. Hales cites a paper by Madsen, which is actually included (under a slightly different name) in this book. Hales also points out that the medical procedure suggested is not very reliable.

I must mention how much I appreciate that footnotes are used, rather than endnotes. I really prefer looking at the bottom of the page instead of having to constantly look at the end of a chapter or the back of a book, even in cases where the footnotes cover the majority of the page. And I believe that this is the first book I've seen that references volumes from the Joseph Smith Papers. Unfortunately, there are a number of typographical errors throughout the book that detract a bit from the reading experience.

This is a fascinating book for anyone interested in law, the early history of the Church, or the life of Joseph Smith. It brings forth new research that requires history to be reconsidered, which will be of benefit to the historian as well as the apologist who wishes to counter claims regarding Joseph Smith's character. Joseph Smith is ultimately shown to be an honest man who worked within the law of his time to the best of his understanding. show less

2020: It took awhile to read 22 essays. They are all interesting, but some are better than others.
Mostly of interest to LDS readers, but there is enough general information in most of them to satisfy curiosity about Old Testament times.
Copious scholarly endnotes for all of them.

2024: Read again and made more notes.
Several chapters discuss the connections between Israel and Egypt, in order to explain why Lehi's family knew Egyptian and had some Egyptian names.
Chapter 4 describes Lehi's show more possible inheritance in the hereditary Land of Manasseh, and why his family was in Jerusalem.
Chapter 8 on Nephi's Hebrew makes a persuasive claim for authenticity of the Book of Mormon.
Chapter 17 by Margaret Barker: What did Josiah Reform? -- builds on her work deciphering the substance of Judaism before the Second Temple. show less