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A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers. The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born. During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance. The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
Ephrem, one of the earliest Syriac Christian writers, lived on the eastern outskirts of the Roman Empire during the fourth century. Although he wrote polemical works against Jews and pagans, and identified with post-Nicene Christianity, his writings are also replete with parallels with Jewish traditions and he is the leading figure in an ongoing debate about the Jewish character of Syriac Christianity. This book focuses on early ideas about betrothal, marriage, and sexual relations, including their theological and legal implications, and positions Ephrem at a precise intersection between his Semitic origin and his Christian commitment. Alongside his adoption of customs and legal stances drawn from his Greco-Roman and Christian surroundings, Ephrem sometimes reveals unique legal concepts which are closer to early Palestinian, sectarian positions than to the Roman or Jewish worlds. The book therefore explains naturalistic legal thought in Christian literature and sheds light on the rise of Syriac Christianity.
Approaching the subject of late Roman law from the perspective of legal practice revealed in courtroom processes, Caroline Humfress argues for a vibrant culture of forensic argumentation in late Antiquity - which included Christian controversies concerning 'heresy' and 'orthodoxy', revealing its far-reaching effects on theological debate.
Previous scholars have largely approached Wisdom and Torah in the Second Temple Period through a type of reception history, whereby the two concepts have been understood as signifiers of independent, earlier “biblical” streams of tradition that later came together in the Hellenistic and Roman eras, largely under the process of a so-called “torahization” of wisdom. Recent studies critiquing the nature of wisdom and wisdom literature as operative categories for understanding scribal cultures in early Judaism, as well as newer approaches to conceptualizing Torah and authorizing-compositional practices related to the Pentateuchal texts, however, have challenged the foundations on which the previous models of Wisdom and Torah rested. This volume, therefore, brings together several essays that aim to reexamine and rethink the ways we can describe the developments of texts categorized as “Wisdom” that proliferated during the Second Temple Period and whose contents point to an engagement with a “Torah” discourse. By asking anew the question of whether “Wisdom” was transformed by/into “Torah” during this period, this volume offers reformulations on the discursive space between Wisdom and Torah through analyzing new identifications, confluences, and transformations.
The works of Philo of Alexandria, a slightly older contemporary of Jesus and Paul, constitute an essential source for the study of Judaism and the rise of Christianity. They are also of extreme importance for understanding the Greek philosophy of the time and help to explain the onset of new forms of spirituality that would dominate the following centuries. This handbook presents an account of Philo's achievements. It contains a profile of his life and times, a systematic overview of his many writings, and survey chapters of the key features of his thought, as seen from the perspectives of Judaism and Greek philosophy. The volume concludes with a section devoted to Philo's influence and significance. Composed by an international team of experts, The Cambridge Companion to Philo gives readers a sense of the state of scholarship and provides depth of vision in key areas of Philonic studies.