著者

赤井 節

出版者

法制史学会

雑誌

法制史研究 (ISSN:04412508)

巻号頁・発行日

vol.1955, no.5, pp.32-78,en2, 1955-06-05 (Released:2009-11-16)

---

The Old Testament, and the Pentateuch in particular, is generally recognized as the sole extant record that casts light on the ancient Hebrew law. And it is also generally known that the Petateuch is a compound of many records, which date back to various different periods in the Hebrew history.This is an attempt to clarify from various angles the lex talionis, generally known in the formula "an eye for an eye and a tooth for a tooth, " and to criticize the work of Professor D. Daube. The Old Testament, mainly the Pentateuch, was used as the basis of my study. In the Pentateuch, lex talionis is mentioned in Exodus, Deuteronomium and Leviticus. These records will be examined from a philological viewpoint and a casuistic viewpoint and also from the standpoint of the writers who penned these records. The significance of these three records is varied and the description in each of them has a different shade of meaning. In the conclusion of my study, I have tried to clarify the way of thinking that underlies the idea of lex talionis. In this part of my study, the Old Testament as a whole was discussed mainly from the philological point of view.It is needless to say that excellent researches of D. Daube, D. H. Muller, S. A. Cook and other outstanding scholars have given me a great aid to my study. In Japan, however, there are hardly any researches in this field, which are based on the original Hebrew text of the Old Testament (Biblia Hebraica). I hope, therefore, my study will be of some value to the scholars of legal history.