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Harmony of ‘mishpatim’ and ‘debarim’ for the Poor in the Code Covenant: Based on Ex 21:2-23:12

Lee Il Rye 1

1서울신학대학교

Accredited

ABSTRACT

The special structure of the casuistic law and apodictic law make an important result in the research history of Pentateuch's Code. The existing research especially differentiates apodictic law (debarim) from mishpatim which contains sanction regulations. Moreover the existing research asks whether the apodictic law ‘takes effect as a positive law’. Referring to that, the existing research understand the apodictic law as a law for the exploited, a demand of God and a basic religious rule of the JHWH religion. These observations understand the apodictic law, which mentions the protection for the poor in the Code Covenant as regulations without sanctions. On that basis, the apodictic law has developed from law to ethics and is reduced and defined as social protection norms (soziale Schutzbestimmungen). However, this research points out the limitation of the existing research and understands the social protection norms in the apodictic law as a Meta-Norm. Furthermore, the apodictic law which mentions the protection for the poor in the Covenant Code is determined as the result of an important theological work for the protection for the socially deprived and for the poor in particular. In the 8th century BC after fall of the northern Israel kingdom, Israeli refugees have arisen and regarding this special social problem, the Code Covenant was enacted to insist fairness and take care of the rights of the socially weak. Therefore, the Code Covenant as a case law protects the socially weak as well as the poor in particular through both, the casuistic law which deals with the realm of general secular life and apodictic law which stands in connection with the ritual realm. The structure of the casuistic law and apodictic law can be observed as the harmony of ‘mishpatim’ and ‘debarim’ for the protection of the poor. In order to protect the poor, the Code Covenant was enacted in harmony with the case law which provides judicial sanction regulations and the ‘rule of rules’ policy.

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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.
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