Reverence for Life and Environmental Ethics in Biblical Law and Covenant

This article undertakes to examine the covenants and biblical laws concerning human relations with the earth and the various life forms whose habitat it provides. Of course biblical texts do not all speak with a common voice. These texts include differing, and even conflicting perspectives and understandings. However, biblical law and covenant show much greater concern for the well-being of “the environment” and all living things than either proponents or critics of Judaism and Christianity generally have recognized. Many other biblical texts also are relevant to the subject of this article; some of these are noted as background. Because it renders the Hebrew (and other ancient biblical languages) more literally than other modern translations, the Revised Standard Version is generally followed when texts are quoted. The results of this study are set out thematically, beginning with the primordial commandments to early humankind in the first chapters of Genesis (Part II). Then follows an account of the covenant between God and “every living creature” articulated in Genesis nine (Part III). After this, comes a brief introduction to the major biblical law codes (Part IV). Part V examines Biblical laws relating to animal sacrifices. Laws that specifically indicate concern for humane treatment of animals are considered in part VI. Part VII reviews other laws affecting animals. Part VIII has to do with the “land ethic” implicit in several Biblical laws. Part IX concerns laws relating to trees and other vegetation. And Part X focuses on the prophet Hosea\u27s promise that in the coming or messianic age, YHWH would establish a new covenant with all living creatures, along with related texts in Isaiah

Ancient Laws, Yet Strangely Modern: Biblical Contract and Tort Jurisprudence

People generally, and even most biblical scholars, tend to view biblical law as, at best, a random patchwork of odd and antiquated commandments and rules. The present Article demonstrates that many biblical laws can be understood to have functioned in biblical time, in ways remarkably similar to various laws characterized in modern Anglo-American jurisprudence as contract and tort law. In particular, the Article points out that the biblical tort laws found in Exodus 21:18 through 22:17 are structured along lines closely parallel to concepts found in modern tort law jurisprudence. Many of the biblical laws considered here give expression to the underlying values of concern for the worth and well being of both individuals and the community. The findings here should be of interest to both legal and biblical scholars

Transfer of Property by Inheritance and Bequest in Biblical Law and Tradition

In what follows, we first review briefly the kinds of property subject to transfer by inheritance or bequest. Next, we examine texts pertaining to intestate succession - that is, transfer of property by operation of law upon the death of the property holder without explicit provision by will or bequest as to who will inherit or take afterwards. As a summary expression, such transfers will be designated as inheritance. In this context, we note the relevance of certain provisions regarding levirate marriage and the Year of Jubilee. We also consider the problematic nature of the so-called birthright practice in this connection. Finally, we turn to a series of texts that appear to refer to bequests or deathbed wills, and also to inter-vivos gifts made by donors in anticipation of their eventual demise. The summary category for these latter types of transfers will be bequests. A concluding section summarizes some probable conclusions and reviews a number of remaining open questions

Transfer of Property by Inheritance and Bequest in Biblical Law and Tradition

In what follows, we first review briefly the kinds of property subject to transfer by inheritance or bequest. Next, we examine texts pertaining to intestate succession - that is, transfer of property by operation of law upon the death of the property holder without explicit provision by will or bequest as to who will inherit or take afterwards. As a summary expression, such transfers will be designated as inheritance. In this context, we note the relevance of certain provisions regarding levirate marriage and the Year of Jubilee. We also consider the problematic nature of the so-called birthright practice in this connection. Finally, we turn to a series of texts that appear to refer to bequests or deathbed wills, and also to inter-vivos gifts made by donors in anticipation of their eventual demise. The summary category for these latter types of transfers will be bequests. A concluding section summarizes some probable conclusions and reviews a number of remaining open questions

Institutional Academic Freedom or Autonomy Grounded upon the First Amendment: A Jurisprudential Mirage

In recent decades, several federal judges and Supreme Court Justices have stated that, at some time or another in the past, the Court determined that public universities or their professional schools are entitled to institutional academic freedom (or institutional autonomy) under the First Amendment. Notwithstanding the views of many learned commentators, the Court has never so held. Concurring opinions and dicta do not constitute Constitutional law. This article traces the series of misattributions, misreadings and other errors that have contributed to the present peculiar state of confusion in regard to these matters

The Death Penalty and Due Process in Biblical Law

The first part of this article reviews biblical texts that have been (or could plausibly be) read as condemning or repudiating capital punishment. The next, and necessarily more detailed and extensive part, discusses the many texts that explicitly call for, or illustrate application of the death penalty. This section also describes the different prescribed methods for executing offenders, identifies the persons assigned responsibility for carrying out executions, and examines biblical rationales for capital punishment A third part describes a variety of biblical provisions that, using modern legal terminology, may be said to afford certain due process procedures and protections. The conclusion notes that although both proponents and opponents of capital punishment commonly misconstrue certain biblical texts, a great many biblical texts express fundamental concerns which might well be considered relevant and important in evaluating contemporary United States death penalty jurisprudence and practice

New Restrictions on Academic Free Speech: \u3ci\u3eJeffries v. Harleston II\u3c/i\u3e

Notwithstanding academic freedom\u27s venerable and near-sacrosanct place among academicians in the United States today, the Supreme Court first accorded it constitutional status only in the 1950s. The Court did not recognize First Amendment speech rights of public employees generally until 1968. In subsequent years, the Court evolved two separate lines of cases: the one relating to, and generally protective of, academic freedom in public colleges and universities; the other, relating to the speech rights of public school teachers and public employees in other work contexts. The Supreme Court has yet to address the question whether the severely restrictive standards developed in the second line of cases must also apply to academic free speech. Recently, in Harleston v. Jeffries, the Court vacated a Second Circuit decision upholding the district court\u27s determination that City College of New York officials had violated a black faculty member\u27s First Amendment speech right by removing him from his chairmanship in retaliation for remarks he had made in a speech off-campus. The case was remanded to the Second Circuit “for further consideration in light of” Waters v. Churchill, which involved public employee speech in a non-academic setting. Presumably the Court meant to signal that its second line of cases was to govern the Second Circuit\u27s review. The Court, however, gave no guidance as to whether it made any difference if the CUNY faculty member\u27s academic freedom had been infringed. In order to understand how things have reached this point, this article will review these two sets of cases, beginning with the Court\u27s academic freedom decisions

Institutional Academic Freedom or Autonomy Grounded upon the First Amendment: A Jurisprudential Mirage

In recent decades, several federal judges and Supreme Court Justices have stated that, at some time or another in the past, the Court determined that public universities or their professional schools are entitled to institutional academic freedom (or institutional autonomy) under the First Amendment. Notwithstanding the views of many learned commentators, the Court has never so held. Concurring opinions and dicta do not constitute Constitutional law. This article traces the series of misattributions, misreadings and other errors that have contributed to the present peculiar state of confusion in regard to these matters

Institutional Academic Freedom - A Constitutional Misconception: Did \u3ci\u3eGrutter v. Bollinger\u3c/i\u3e Perpetuate the Confusion?

This article begins with a review of language that eventually gave rise to the concept of institutional academic freedom, and includes a summary of lower court decisions embracing that concept or notion. The second part identifies certain constitutional problems in connection with the idea that institutional academic freedom can somehow be derived from or based upon the First Amendment. The third part describes and analyzes language in the Court\u27s Grutter decision, language that may or may not have the effect of validating the concept of institutional academic freedom under the First Amendment

Reverence for Life and Environmental Ethics in Biblical Law and Covenant

This article undertakes to examine the covenants and biblical laws concerning human relations with the earth and the various life forms whose habitat it provides. Of course biblical texts do not all speak with a common voice. These texts include differing, and even conflicting perspectives and understandings. However, biblical law and covenant show much greater concern for the well-being of “the environment” and all living things than either proponents or critics of Judaism and Christianity generally have recognized. Many other biblical texts also are relevant to the subject of this article; some of these are noted as background. Because it renders the Hebrew (and other ancient biblical languages) more literally than other modern translations, the Revised Standard Version is generally followed when texts are quoted. The results of this study are set out thematically, beginning with the primordial commandments to early humankind in the first chapters of Genesis (Part II). Then follows an account of the covenant between God and “every living creature” articulated in Genesis nine (Part III). After this, comes a brief introduction to the major biblical law codes (Part IV). Part V examines Biblical laws relating to animal sacrifices. Laws that specifically indicate concern for humane treatment of animals are considered in part VI. Part VII reviews other laws affecting animals. Part VIII has to do with the “land ethic” implicit in several Biblical laws. Part IX concerns laws relating to trees and other vegetation. And Part X focuses on the prophet Hosea\u27s promise that in the coming or messianic age, YHWH would establish a new covenant with all living creatures, along with related texts in Isaiah