The Cultic Versus the Forensic: Judahite and Mesopotamian Judicial Procedures in the First Millennium B.C.E

نویسنده

  • BRUCE WELLS
چکیده

Throughout most periods of ancient Near Eastem history, religious rituals frequently played an important role in the resolution of legal disputes that were brought to trial. It appears that judges would sometimes make use of them arbitrarily but often when they felt the available evidence was insufficient or at least too ambiguous to render a decisive verdict. The rituals—or cultic procedures, as I will call them—fall essentially into three categories, memorable for their alliteration: the oath, the oracle, and the ordeal. Each term is sometimes preceded by the word "judicial" to distinguish it from similar rituals that occurred outside the context of a trial. By means of these procedures, courts appealed to the divine realm to help decide the matter at hand. Some recent scholarship has observed changes in how and how often these procedures were used in later periods, predominantly in Mesopotamia. These Studies suggest that the degree to which Mesopotamian courts relied on such methods decreased in the Neo-Assyrian, Neo-Babylonian, and Persian periods. ' Trials began to take on a less religious orientation. In light of the changes that occur, some have gone so far as to propose a process of "secularization" during this time in Mesopotamia.^ The relevant evidence from Mesopotamia—cuneiform texts related to trial proceedings and other judicial matters—deserves a more thorough examination than it has previously received. In addition, evidence from biblical texts, specifically Deuteronomic and priestly legal

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تاریخ انتشار 2009