A History of Ancient Near Eastern Law

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written on a scroll so that he can study it and act properly (Deut.
17:18–20).

2.1.2 The Figure of Moses
Moses is the paradigm of both leader and prophet. As leader, he is
both the chief judge and the lawgiver. The Pentateuch does not pre-
scribe these roles for kings, but kings may have played these roles
in the First Temple period.

2.1.2.1 Moses the Judge
Exodus 18 is a foundational story of the justice system. When Jethro
sees the people lining up and waiting all day for Moses to settle
their disputes, he convinces Moses that he should reserve the most
difficult disputes for himself but set up a pyramid of leaders, ≤arim,
leaders of tens, of fifties, of hundreds, and of thousands, to judge
lesser disputes.

2.1.2.2 Moses the Lawgiver
The Pentateuch and post-exilic biblical writings present Moses as the
great foundational lawgiver, who published Israel’s laws at Sinai and
then in the plains of Moab (Deuteronomy). However, Amos speaks
of God sending prophets to make known God’s laws and does not
mention either Moses or Sinai. It is only in the exilic period that
the laws are consistently referred to as the torah or laws of Moses.

2.1.3 Narratives of the Role of the King in Law
The historical narratives about the founders of the monarchy (Saul,
David, and Solomon) show the development of the king’s role in law.

2.1.3.1 Saul
The Saul stories justify David’s usurpation and lay down the require-
ments for kingship, demonstrating that the king must not be too
responsive to the people’s desires (1 Sam. 13:2–14; 14:24–46; 15:1–34).
Despite this polemic, they record Saul’s contributions to the legal
system:


  1. Oaths. Saul proclaimed a fast in anticipation of battle, swearing to
    kill whoever ate. Jonathan did not hear the oath, ate, and won a
    great victory. When divination revealed Jonathan’s misdeed, the
    people demanded that Jonathan be spared. In listening to them,
    Saul established the principle that the king can override oaths, thus


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