This book offers a novel approach for the study of law in the
Judean Desert Scrolls, using the prism of legal theory. Following a
couple of decades of scholarly consensus withdrawing from the
"Essene hypothesis," it proposes to revive the term, and suggests
employing it for the sectarian movement as a whole, while
considering the group that lived in Qumran as the Yahad. It further
proposes a new suggestion for the emergence of the Yahad, based on
the roles of the Examiner and the Instructor in the two major legal
codes, the Damascus Document and the Community Rule. The
understanding of Essene law is divided into concepts and practices,
in order to emphasize the discrepancy between creed, rhetoric, and
practices. The abstract exploration of notions such as time, space,
obligation, intention, and retribution, is then compared against
the realities of social practices, including admission, initiation,
covenant, leadership, reproof, and punishment. The legal analysis
yields several new suggestions for the study of the scrolls: first,
Amihay proposes to rename the two strands of thought of Jewish law,
formerly referred to as "nominalism" and "realism," with the terms
"legal essentialism" and "legal formalism." The two laws of
admission in the Community Rule are distinguished as two different
laws, one of an association for a group as a whole, the other as an
admission of an individual. The law of reproof is proven to be an
independent legal procedure, rather than a preliminary stage of
prosecution. The methodological division in this study of thought
and practice provides a nuanced approach for the study of law in
general, and religious law in particular.
General
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