本篇paper代写- The jewish law讨论了犹太律法。犹太民族的律法体系与古代其他民族有所不同,由于是全民信教,几乎所有的法律法规都集中在了犹太教的宗教经典中。犹太律法是以犹太教的经典《塔纳赫》为基础的,所以被称为犹太民族百科全书的《塔纳赫》是研究犹太律法最重要的文献资料。犹太律法的核心是《托拉》,它是公认的犹太教成文律法,也是犹太律法的第一种来源,为犹太民族确立了人人必须忠诚信奉的基本道德规范和法律制度。本篇paper代写由51due代写平台整理,供大家参考阅读。
The origin of the jewish law is extremely complex, which absorbs the traditional customs and laws of the ancient near eastern nations, takes "tola" as the core of the law, and the successive jewish scholars constantly explain, expand and supplement, finally forming the legal system with "tanach", "Talmud" and other religious classics as the carrier. The expression of ancient jewish law is simple and vague. With the development of society and economy, the original law can no longer adapt to the new social situation. In order to solve this problem, the jewish scholars adopted the "practical interpretation method", which legalized the behaviors that deviate from the law on the premise of not violating the literal meaning of the law. Meanwhile, this practical interpretation method maintained the sanctity and authority of the jewish law.
The jewish people are known for abiding by the jewish law and upholding traditional authority, which means "a profound moral seriousness and personal responsibility" to the jewish people. Ever since the first great diaspora in jewish history, jews have lived in foreign lands for hundreds of years. The devout religious beliefs produced a strong centripetal force, gathering up the jews scattered around the world, so that they were not assimilated by other nations, and always existed as a whole nation. In the process, it is the law of the jewish Canon that sets "generations of colored people in a single mode of idea-a mode of highly purified humanity." Through the law, the jewish people transformed their lives into a cultural tradition full of toughness and vitality, maintaining the ethics and moral integrity of the jewish nation as a "unique" nation in the world, and thus making the formation and development of the jewish law special and sacred.
The jewish legal system differs from other ancient nations in that almost all laws and regulations are concentrated in the jewish religious classics because they are all religious. Jewish law is Judaism classic "tower," namely "in the Hebrew bible, common sense and Christian ・ old testament of the bible in the same content), the Talmud," Joe rousseff tower ", the midrash, works on the basis of. Tanach, known as the encyclopedia of the jewish people, is the most important document on the study of jewish law. According to the tradition of Judaism, tanach is divided into three parts: tola, the book of the prophets and the holy book. The jewish law is formed with the torah as the core. It is the accepted jewish written law and the first source of the jewish law, which establishes the basic moral code and legal system that everyone must be faithful to.
In order to make the jewish people not in the long history of the exotic stranger forget yahweh god's will, not by ethnic assimilation, generations of jewish thinkers of the past, the scholars constantly to be the interpretation of the interpretation, the posterity to describe the these oral compiled into set, called the Talmud, a book about in 3, the 5th century AD, also known as "oral" the bible. The Talmud is divided into the mishnah and the gamara. The mishnah is a book compiled by the prince of judah in the 3rd century. It consists of six volumes and 63 chapters, including 613 commandments. Gramara was a review and discussion of the mishnah by later scholars, which was compiled into a book about 300 years after the emergence of the mishnah. Together they form the so-called oral torah, the Talmud of Judaism. The Talmud is divided into the babylonian Talmud and the Jerusalem Talmud, which are made by different jewish scholars in their respective schools in Babylon and Palestine, but both are based on the same mishnah. The two Talmud are different in terms of style, order and content. The Talmud commonly referred to as "Talmud of Babylon" generally refers to "Talmud of Babylon", and "Talmud of Babylon" is more clear and complete than "Talmud of Jerusalem". But the prince of judah did not put all his previous scholars and the rabbi's viewpoint, the decisions were collected in the dense and many of them have not been mentioned the reason could be because some people repeated the viewpoint of those who have already been published, and it is also possible because some people in the prince of judah seems not enough authority. The views of these scholars and rabbis were incorporated into the book in the form of "Baraitha", which was elaborated in more detail, according to the order and classification of the mishnah. These "Baraitha" produced a new book, "toseffta". It has the same external features, language and style as the mishnah, but more important are the anecdotes and anecdotes of the tosevta. "Midrash" is divided into "halakha" and "acada" according to different contents. The first part of "halakha" is an explanation of the laws, doctrines and etiquette in the scripture, and elaborates how the law is applied in practical life. The second part of "acada" is the legendary stories, folk stories and historical figures told by the rabbis in the process of preaching.
It can be seen from the contents of the classical jewish literature that the jewish law is based on the "tora", whose content is the inspiration of the god yahowe. The religious belief, legal system, ethics and code of conduct thus derived have absolute sanctity and authority, is supreme and cannot be violated. But the laws recorded in tola are very concise, general and vague, and difficult to apply in real life. Although a large number of more detailed oral laws, such as Talmud, have appeared, along with the development of social economy, new situations have emerged, and there are more blank spots and inconsistencies and contradictions in written laws. Jewish scholars and rabbis record controversial places and more typical judicial decisions as precedents for future cases, and make it an important source for further interpretation and clarification of the law. In addition, they further expanded the records of jewish law in other forms to adapt to new situations in society, such as Responsa and Commentarie, the most famous of which is the code of maimonides.
From the perspective of history, the sources of jewish law are various and complicated. Besides the religious classics represented by "tora", the main sources of jewish law are tradition, precedent, royal decrees and the constantly sanctified writings in the latter two forms. The Hebrews, known as the forefathers of Israel, were a tribe of the amorites. Around 1800 BC to 1800 BC was the ancient ancestors of the Israeli national period, then the children of Israel is not a nation, but in regions of the amorites, canaanites, they in the patriarchal clan society stage, living in the nomadic, half, no land available for farming, but will not regularly contact with agricultural civilization. The leader of the family of this period under its control to all members of the family has complete jurisdiction, the main legal form is a traditional and customary law, it has to do with Israel later periods of law is not particularly big difference, the main difference is that the execution of the law, it is through the realization of "self help", that is to say, with personal power rather than the law enforcement agencies to preserve their rights. For example, Dinah the daughter of Jacob was defiled by shechem the hivite, and her brothers simeon and Levi killed shechem and his people.
They had to move to Egypt at the time of the famine. But with the establishment of the 18th dynasty of Egypt, the brutal enslavement of foreigners, including the israelites, began, and so they managed to escape from Egypt under the leadership of Moses around the 13th century BC. But since the first attack the land of Canaan, they have to roam in the sinai desert forty years, that time is a key in Israel's national history starting period, Moses used from out of Egypt to enter Canaan forty years of certain ethnic characteristics of the children of Israel were important transformation, set up perfect political organizations and legal system, "since then, we can think of, the national character of the children of Israel began to show... The clan and tribal organization of the israelites was further established and perfected ". "originally loosely structured israelis formed a cohesive collective, and these people and their descendants undoubtedly became the core of the later Israeli nation". Both secular and spiritual leadership, this period was focused on Moses, who was also the supreme judge and military governor, with jurisdiction and military command. The core of the jewish law, the written law of Judaism, was formed in this period. The law of Moses in tola was handed down to Moses by god jahweh in the form of the ten commandments and judgments on mount sinai. Wandering in the sinai desert forty years later, when new happens, Moses to yahweh god ask for instructions, a ruling in the form of god, and after the sentence as a judgment of the case, in this way to establish a series of more deeper law, add in the divine shows the performance of the law in the eyes of the law of mandatory and voluntary.
After the settlement of Canaan, Israel entered a historical period known as the age of judges, spanning from about the 12th century BC to the 11th century BC. Israel at this time was a loose alliance, and the newly formed tribes were divided in time of peace, with the elders of each tribe dealing with their daily affairs. During the war, they united around the leaders known as "judges", who combined "the trinity of the prophet, the commander and the savior, and were seen as the chosen and the wise men of god". In fact, this stage is in a kind of anarchy, from a legal point of view, "everyone can do what he thinks is right But there is still a widely accepted behavioral law. However, "this widely accepted behavioral law" was not created by the jews themselves, but absorbed the traditional customs and judicial habits of the ancient near eastern nations, and improved and reconstructed them for their own use. For example, scholars believe that the "law of doubt" in jewish law originated in Mesopotamia, and this type of law was first introduced to the canaanite region and formed the recognized canaanite law. After the settlement of Canaan by the israelites, it influenced the laws of Israel, which were different in form from the laws created by the people of Israel. The laws created by the people of Israel exist in the form of simple commands, such as: you cannot steal, and those who curse their parents will be executed. The constitution of the "law of decision" is to attach a corresponding legal solution to the hypothetical situation, for example, if a cow kills a person... Its owner will be put to death. The emergence of the "law of doubt" in the jewish Canon suggests that much of the jewish law is part of a broad tradition in the ancient near east. From the content and form of the legal system, there are obvious similarities between the jewish law and the code unearthed in the ancient near east. The system of jewish law lacks a systematic capacity to interpret abstract concepts, definitions, and legal terms. So far, six codes have been found in the near east successively, including the code of hammurabi written in ancient babylonian, ancient babylonian, Assyrian and hittite. All of these codes show characteristics similar to jewish law, and all illustrate legal rules by listing examples, showing that jewish law developed in the same context.
After entering the monarchical society in the 11th century BC, the king who led the state of Israel was also regarded as the man chosen by the god jahweh. Therefore, the king was the supreme leader of the legal system, able to issue decrees and make judgments, and the judgments made by the king were regarded as the precedent for future trials. Tanach's account of events also contains a number of judicial decisions that have been used as original precedents for subsequent statutes.
Moreover, because of the early creation of the jewish law, it was unable to adapt to the needs of the reality, even contrary to the social reality; To the jews who believed deeply in the god jahweh, they should never violate the law from god. In this case, later jewish jurists adopted a practice that could do both. They put forward some laws and regulations in line with their social situation, and explained the new laws with the contents of tanach. This interpretation means that the jewish scholars can give new connotation to the original legal provisions according to their own understanding, and the new connotation only needs to meet the requirements of "tanach" in form or literal sense, and there is no restriction on the actual behavior, even if it runs counter to "tanach".
For example, tanah stipulated that the land could be bought and sold, but the term could not exceed 49 years, the jubilee of the israelites, as it was written in the book of Leviticus: "the land cannot be sold for ever, for the land is mine". If a person sold his property because of a temporary hardship, or redeemed the land after he became rich, or his immediate family was responsible for the redemption; If neither can be achieved, the jubilee comes and the principal automatically abandons the property purchased and returns it to the original owner. A similar law is described in the book of deuteronomy: "in the last year of every seven years thou shalt make remission. The law of remission is: every creditor shall release what he has lent to his neighbor, and shall not demand of his neighbor or brother. The former law limits changes in land ownership and the latter limits the development of commercial lending. If the two laws are followed for a long time, they not only harm the interests of creditors, but also harm economic and commercial development. The background relied on by the two laws is a society based on small-scale peasant production. With the development of social economy, it has been unable to adapt to the new situation. Rabbi Hillel flexible the uniform method, is put forward as long as the creditors to court to submit a copy of signed documents, transfer of creditor's rights to the court, even more than recover period, the court can also replace creditors debt, because to be the only I can not recover the debt, creditors but not others not to recover. So Hillel gives a very powerful interpretation of the law in the context of describing the law, and his interpretation is somewhat far-fetched, but it does achieve the purpose of revising the law without negating the original law. This method not only abides by the traditional law, but also is not rigidly constrained by the traditional law.
Practical interpretation method after the old law was reinterpreted, can be applied to the new situation, help to be the as a guide to real life and is always the best, to protect the jewish tradition and authority, is beneficial to enhance the cohesive affinity of the jewish people, become the jews could be used for thousands of years of alien rule would not be important cause of assimilation.
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