18 February 2025
Now we look at form. Walton dives into legal terminology that is rarely used outside of lawyers' communications. There are two forms of law: casuistic (conditional; if...then) and apodictic (self-evidently so, a command from God).
He goes on to quote others to note that the former is not preventive, but remedial; it threatens, "Don't do this." The apodictic laws manifest in four types:
The lists in 1 and 2 are addressed in third person aiming as specific cases, whereas 3 and 4 are second person aiming at generalities resting squarely on the individual. He further notes that Hammurabi's code (and other cuneiform code) is overwhelmingly casuistic and "jussive" (attempts to influence readers' behavior) whereas Hebrew law includes uniquely apodictic code in a pure form, with no mention of penalty unless/until one is stated in a separate clause. He cites a tiny few instances of parallel codes using an apodictic form.
Strictly speaking, the Decalogue isn't actually a law code, but a treaty, if we compare with parallel documents. Another interesting feature of Scripture law codes is the frequent use of explanations giving a motive for a particular item. There are a few parallels for this, but there are some differences. The Bible records motivations for both apodictic and casuistic laws, and they give specific insight into God's priorities. There's nothing like that in the cuneiform codes.
Next, we look at function.
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