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The Moral
Foundations
of Politics
i a n s h a p i r o
New Haven and London
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Copyright2003 by Yale University.
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For all the graduates of MoFoPo
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. . . certainty is beautiful,but uncertainty is more beautiful still.
Wisawa Szymborska
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c o n t e n t s
Preface, xi
Introduction, 1
chapter 1
Enlightenment Politics, 7
chapter 2
Classical Utilitarianism, 18
chapter 3
Synthesizing Rights and Utility, 37
chapter 4
Marxism, 71
chapter 5
The Social Contract, 109
chapter 6
Anti-Enlightenment Politics, 151
chapter 7
Democracy, 190
chapter 8Democracy in the Mature
Enlightenment, 224
Notes, 231
Index, 267
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p r e f a c e
This book grew out of a lecture course called The Moral Foun-
dations of Politics that I have been teaching at Yale since the early
1980s. The course, a version of which I inherited from Douglas
Rae, has changed out of all recognition since that time. Yet it has
evolved more in the manner of rebuilding a ship at sea than
redesigning it from scratch. As a result, my debt to Rae is greater
than he might realize from perusing the present text. The idea to
turn the course into a book came in the mid-1990s from John
Covell, then my editor at Yale University Press. These two people
have my enduring gratitude as the projects step-parents. BruceAckerman, Robert Dahl, Clarissa Hayward, Nancy Hirschman,
Nicoli Nattrass, Jennifer Pitts, Mark Stein, and two anonymous
readers for Yale University Press all read the manuscript from
stem to stern, oering helpful suggestions large and small. A
fleet of research assistants, all graduates of Moral Foundations,
worked on dierent aspects of the project under the helpful
supervision of Katharine Darst. They were Carol Huang, KarlChang, Clinton Dockery, Dan Kruger, George Maglares, Melody
Redbird, David Schroedel, and Michael Seibel. Jerey Mueller
served as a sterling research assistant as I wrote the final manu-
script; his assistance was invaluable. Jennifer Carters help in the
final stages was also most welcome.
The book is conceived of as introductory in the sense that no
prior knowledge of political philosophy is assumed. Its centralfocus is on dierent theories of political legitimacy in the utili-
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xii p r e f a c e
tarian, Marxist, social contract, anti-Enlightenment, and demo-
cratic traditions. My discussion of these dierent theories is
meant to give readers a grasp of the major intellectual traditions
that have shaped political argument in the West over the past
several centuries. The theories are set in historical context, but the
main focus is on current formulations as applied to contempo-
rary problems. Although introductory, the book is written from a
distinctive point of view and advances a particular argument. I
will not be disappointed if instructors find it to be a helpful teach-
ing tool, yet feel the need to argue with it as they teach it.
Some of the material in 1.2, 4.2.3, and 5.5 appeared previously
in my article Resources, capacities, and ownership: The work-
manship ideal and distributive justice, Political Theory, vol. 19,
no. 1 (February 1991), pp. 2846. It is copyright 1991 by Sage
Publications, Inc., and drawn on by permission here.
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1
i n t r o d u c t i o n
When do governments merit our allegiance, and when should
they be denied it? This most enduring of political dilemmas moti-
vates our inquiry. Socrates, Martin Luther, and Thomas More
remind us of its vintage; Vaclav Havel, Nelson Mandela, and Aung
San Suu Kyi underscore its continuing force. They are moral
heroes because they faced down wrongful political authority, just
as surely as Adolph Eichmann was a moral villain for his failure to
do so. His motivation and behavior as a middle-level ocer in
Nazi Germany exemplify obedience to a technically legitimate
authority. Yet his actions in sending countless thousands to Naziconcentration camps suggest that there must be limits to any
governments legitimate authority.
As the events surrounding Eichmanns own death underscore,
it is a good deal easier to say that there should be such limits than
to say what they should be or how they should be enforced. Cap-
tured by Israeli commandos in violation of Argentinean and in-
ternational law, he was spirited to Israel, tried and executed forcrimes against humanity and against the Jewish people. Many
who shed no tears for Eichmann were nonetheless troubled by
the manner of his apprehension: he was tried in a country and by
courts that did not exist when he committed his crimes and a law
was tailor-made to facilitate his sentencing and execution. These
actions seem at odds with the hallmarks of legitimate political
authority that rule out illegal searches and seizures, post hoccrafting of laws to fit particular cases, and bills of attainder. Yet if
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2 i n t r o d u c t i o n
we are unnerved both by Israels acting on what its leaders saw as
a moral imperative despite the legal institutions of the day and by
Eichmanns slavish adherence to the legal institutions of hisday,
our question is thrown into sharp relief. Who is to judge, and by
what criteria, whether the laws and actions of states that claim our
allegiance measure up? In this book we explore the principal
answers given to these questions in the modern West.
One set of answers grows out of the utilitarian tradition, fa-
mously associated with the name of Jeremy Bentham (1748
1832). His Introduction to the Principles of Morals and Legislation,
first published in 1789, is its locus classicus, although utilitarian-
ism has older roots than this, and it has since been reformulated
and refined in numerous ways as we will see. Utilitarians answer
our question with a variant of the claim that the legitimacy of
governments is tied to their willingness and capacity to maxi-
mize happiness. What counts as happiness, whose happiness is
to count, how it is measured, and who does the counting are
among the contentious issues that distinguish dierent utilitar-ians from one another as will become plain in chapters 2 and
3. Despite disagreements about these and other consequential
matters, utilitarians generally agree that we should judge gov-
ernments by reference to Benthams memorable, if ambiguous,
dictum that they should be expected to maximize the greatest
happiness of the greatest number of people.
The Marxist tradition that occupies us in chapter 4 takesthe idea of exploitation as the benchmark for judging political le-
gitimacy. Marxists dier substantially from one another on the
definition of exploitation, its relations both to labor and to the
economic and political systems, and on the role of political in-
stitutions in eradicating it. On all Marxist understandings, how-
ever, political institutions lack legitimacy to the degree that they
underwrite exploitation and they gain it to the degree that theypromote its antithesis, human freedom. Every political system in
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i n t r o d u c t i o n 3
history has countenanced some kind of exploitation from the
Marxist point of view, but socialism and communism are thought
to hold out the possibility of a world that is free of exploitation.
History has not looked kindly on these possibilities since Karl
Marx (18181883) wrote, but, even if desirable variants of them
are unavailable, we will see that aspects of Marxist theory may
nonetheless be helpful in understanding the normative proper-
ties of capitalism and in distinguishing the relative legitimacy of
dierent types of capitalist systems.
The social contract tradition examined in chapter 5 oers a
third sort of answer to my initial question. Social contract argu-
ments are as old as the hills, but in their modern form they are
generally thought to originate with Thomas Hobbess Leviathan,
published in 1651, and John Lockes Second Treatise on Govern-
mentwhich first appeared as an anonymous tract in England in
the 1680s. For social contract theorists, the states legitimacy is
rooted in the idea of agreement. From the beginning they have
disagreed among themselves about the nature of the agreement,who the parties to the agreement are, and how, if at all, the agree-
ment is to be enforced, but they agree that consent of the gov-
erned, somehow understood, is the source of the states legit-
imacy. We owe the state allegiance if it embodies our consent, and
we are free (and in some formulations even obliged) to resist it
when it does not.
Each of the utilitarian, Marxist, and contractarian traditionsbrings a distinctive focus and set of questions about political legit-
imacy to the fore, but the traditions also overlap a good deal more
than is often realized. I will argue that this is mainly because they
have all been decisively shaped by the Enlightenment. This is the
philosophical movement aimed at rationalizing social life by bas-
ing it on scientific principles and in which there is a powerful
normative impetus to take seriously the ideal of human free-dom as expressed in a political doctrine of individual rights. The
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4 i n t r o d u c t i o n
Enlightenment project, as Alasdair MacIntyre has dubbed it, is
generally associated with the writings of such European thinkers
as Ren Descartes (15961650), Gottfried Leibnitz (16461716),
Benedict Spinoza (16321677), and Immanuel Kant (1724
1804), though it was also greatly influenced by the English Em-
piricists, John Locke (16321704), George Berkeley (16851753),
and David Hume (17111776). We will see how Enlightenment
values have shaped the utilitarian, Marxist, and social contract
traditions, and, in the course of examining those traditions, we
will also evaluate their understandings of the Enlightenment
values of science and individual rights.
The Enlightenment has always had its detractors; they are our
focus in chapter 6. Critics of Enlightenment political thinking
range from traditionalists like Edmund Burke (17291797) to
various postmodern and communitarian theorists in the contem-
porary literature. Despite their many dierences, they share in
common considerable skepticism, not to say hostility, to the goal
of rationalizing politics along scientific lines as well as to theidea that the freedoms embodied in individual rights are the
most important political value. Instead they are inclined to attach
normative weight to inherited norms and practices, linking the le-
gitimacy of political institutions to how well they embody com-
munal values that shape, and give meaning to, the lives of individ-
uals. The sources of the self, as Charles Taylor describes them, are
seen as rooted in systems of attachment and aliation that pre-cede and survive individuals, shaping their expectations of politi-
cal legitimacy.
By the end of chapter 6 it becomes plain that, despite serious
diculties with the utilitarian, Marxist, and social contract tradi-
tions, wholesale rejection of the Enlightenment project in politics
is infeasible and would be undesirable even if it were feasible.
Some of the diculties with the dierent theories are specific to
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i n t r o d u c t i o n 5
them; others flow from the particular understandings of Enlight-
enment values they embody. With respect to the former, each of
the three traditions contains insights that survive their failures as
comprehensive political doctrines and should inform our think-
ing about of the sources of political legitimacy. With respect to the
latter, I distinguish the early Enlightenment, which is vulnerable
to the arguments of anti-Enlightenment critics, from the mature
Enlightenment, which is not. Attacks on the Enlightenments
preoccupation with foundational certainty are not telling against
the fallibilist view of science that informs most contemporary
thinking and practice and, whatever the diculties with the idea
of individual rights, they pale in comparison with trying to de-
velop a theory of political legitimacy without them.
This raises the question: What political theory best embodies
mature Enlightenment values? My answer in chapter 7 is democ-
racy. The democratic tradition has ancient origins, but the mod-
ern formulations that shape contemporary political argument
spring from, or react against, Jean-Jacques Rousseaus discussionof the general will in The Social Contract,published in 1762. Dem-
ocrats hold that governments are legitimate when those who are
aected by decisions play an appropriate role in making them and
when there are meaningful opportunities to oppose the govern-
ment of the day, replacing it with an alternative. Democrats dier
on many particulars of how government and opposition should
be organized, who should be entitled to vote, how their votesshould be counted, and what limits, if any, should be placed on
the decisions of democratic majorities. Yet they share a common
commitment to democratic procedures as the most viable source
of political legitimacy. My claim that they are correct will seem
vulnerable to some, at least initially. Democracy has long and
often been criticized as profoundly hostile both to the truth and to
the sanctity of individual rights. However, I make the case that on
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6 i n t r o d u c t i o n
the mature Enlightenment understandings of these values that
make the most sense, the critique is wrongheaded. The demo-
cratic tradition oers better resources than the going alternatives
for ensuring that political claims and counter-claims are tested for
their veracity in the public arena, and for protecting those individ-
ual rights that best embody the aspiration for human freedom.
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7
c h a p t e r 1
Enlightenment
Politics
The philosophical movement known as the Enlightenment was
really several distinct, if overlapping, intellectual movements. Its
roots can be traced at least to the 1600s, and its influence has
been felt in every walk of life. From philosophy, science, and
invention, to art, architecture, and literature, to politics, econom-
ics, and organization, every field of human activity bears the in-
delible stamp of one aspect or another of the Enlightenment.
Despite innumerable assaults that have been leveled against dif-
ferent aspects of its philosophical assumptions and practical con-
sequences from the beginning, the Enlightenment outlook hasdominated intellectual consciousness in the West for the better
part of four centuries.
If there is a single overarching idea shared in common by
adherents to dierent strands of Enlightenment thinking, it is
faith in the power of human reason to understand the true nature
of our circumstances and ourselves. The Enlightenment outlook
is optimistic to its core, supplying impetus to the idea of progressin human aairs. As reasons reach expands, it seems plausible
to think that understanding will yield the possibility to control
and perhaps even improve our environments and our lives. En-
thusiasts of the Enlightenment have always found this possibility
of progress seductive, even if fraught with attendant dangeras
current debates about advances in genetics underscore. When
knowledge advances, so too does the possibility of genetic en-gineering to eradicate inherited diseases and birth defects. The
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8 e n l i g h t e n m e n t p o l i t i c s
same advances in knowledge might, however, be pressed in the
service of Orwellian manipulation of peoples psyches. Partisans
of the Enlightenment think the best bet is that the potential ad-
vantages of gaining knowledge outweigh the risks, or in some
cases that human beings are incapable of resisting the allure of
authentic knowledge. Whether the product of unvarnished en-
thusiasm or a more chastened desire to direct the inevitable in
felicitous directions, the Enlightenment enterprise is one of de-
ploying reason in the service of improvement in human aairs.
The aspirations to understand the social and natural world
through the deployment of reason, and to press understanding
into the service of human improvement, are by no means new
with the Enlightenment. One need not read far into Platos Re-
public to discover an abiding value being placed on the pursuit
of knowledge through reason, and a central preoccupation of
Aristotles Nicomachean Ethicsis with improvement that can be
achieved by shaping the malleable aspects of the human psyche
in accordance with objectively identifiable virtues. Yet the Enlight-enment understandings of reason and human improvement are
distinctive. Reasons pursuit of knowledge is seen as mediated by,
and achieved through, science; and human improvement is mea-
sured by the yardstick of individual rights that embody, and pro-
tect, human freedom.
1.1 Sciences Ascendancy
The preoccupation with science stemmed from a program to
make all knowledge secure, measured by a standard first articu-
lated by Descartes when he announced that he was in search of
propositions that are impossible to doubt. His famous example,
known as the cogito,was I think, therefore I am.The very act of
trying to doubt it seems necessarily to arm it. Dierent Enlight-enment thinkers would comprehend knowledge and science in
strongly diering ways over the next several centuries, but they all
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e n l i g h t e n m e n t p o l i t i c s 9
have been consumed with the task, as Immanuel Kant defined it
in The Critique of Pure Reason(1781), of placing knowledge on the
secure path of a science. These developments in philosophy
reflected and reinforced the emergence of modern scientific
consciousness. That consciousness involved not merely a com-
mitment to the idea that science provides the only genuine knowl-
edge but also a massive and optimistic faith in its liberating ef-
fects. Francis Bacons (15611626) declaration that knowledge is
powerembodied a programmatic commitment to a double faith
in science as the only reliable means of authentic understanding
of the universe and the best tool for transforming it in accordance
with human aspirations.
It is important for our purposes to note that the status of the
human sciences evolved considerably over the course of the En-
lightenment. During the seventeenth and eighteenth centuries,
when the hallmark of scientific knowledge was indubitable cer-
tainty, ethics, political philosophy, and the human sciences were
regarded as superior to the natural sciences. This view seemsstrange from the vantage point of the twenty-first century, when
fields like physics, chemistry, astronomy, geology, and biology
have all advanced with astonishing speed to discoveries that
would have been unimaginable in the eighteenth century. The
human sciences, by contrast, have produced little, if any, endur-
ing knowledge, and many doubt that ethics and political philoso-
phy can be studied scientifically at all. Understanding why con-temporary views of the relative statuses of these various fields of
inquiry dier so radically from those prevalent in the early En-
lightenment requires attention to two features of its distinctive
epistemology that would subsequently be abandoned.
1.1.1 The Workmanship Ideal of Knowledge
The first distinctive feature of the early Enlightenment concernsthe range of a priori knowledge, the kind of knowledge that either
follows from definitions or is otherwise deduced from covering
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10 e n l i g h t e n m e n t p o l i t i c s
principles. This is the kind of knowledge Descartes had in mind
when he formulated his cogitoand that Kant located in the realm
of analytic judgments. Kant distinguished these from syn-
thetic judgments. They always involve a leap from a subject to a
predicate, which has not been in any wise thought in it [the
subject], and which no analysis could possibly extract from it.
Analytic judgments are best thought of as being logically implied
by the meanings of terms, whereas synthetic judgments are not
usually because they depend for their veracity on the world be-
yond deductive meanings. Some twentieth-century philosophers
challenged the existence of an analytic/synthetic distinction,but
most would still accept a version of it.
Where most, today, woulddier sharply from the philosophers
of the early Enlightenment concerns the epistemological status of
ethics, political philosophy, and the human sciences. These en-
deavors were all classified within the realm of a priori knowledge
by the earlier Enlightenment thinkers, because the relevant crite-
rion was not a distinction between knowledge that is true bydefinition versus knowledge that is derived from experience. In-
stead, it was a distinction between knowledge that depends on
the human will versus knowledge that is independent of it. As
Thomas Hobbes put it in De Homine,the pure or mathematical
sciences can be known a priori, but the mixed mathematics,
such as physics, depend on the causes of natural things [which
are] not in our power.He put it more fully in the Epistle Dedica-tory to his Six Lessons to the Professors of Mathematics:
Of arts, some are demonstrable, others indemonstrable; and the
demonstrable are those the construction of the subject whereof is
in the power of the artist himself, who, in his demonstration does
no more but deduce the consequences of his own operation. The
reason whereof is this, that the science of every subject is derived
from a precognition of the causes, generation, and construction ofthe same; and consequently where the causes are known, there is
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e n l i g h t e n m e n t p o l i t i c s 11
place for demonstration, but not where the causes are to seek for.
Geometry therefore is demonstrable, for the lines and figures from
which we reason are drawn and described by ourselves; and civil
philosophy is demonstrable, because we make the commonwealthourselves. But because natural bodies we know not the construc-
tion, but seek it from eects, there lies no demonstration of what
the causes be we seek for, but only what they may be.
This creationist or workmanship theory conferred a vastly
superior epistemological status on moral matters in pre-Humean
Enlightenment thought to any they have enjoyed since. Consider
Hobbess statement at the end of his introduction to Leviathan:
that when he has laid out his own argument orderly, and per-
spicuously, the only task for the reader was to consider whether
he also finds the same in himself, for this kind of Doctrine,
admitteth no other Demonstration. Far from suggesting that
readers must see how their intuitions compare with Hobbess, he
is underscoring his belief that the argument of Leviathanhas the
force of a mathematical proof.
John Locke held a similar view, though its underpinning lay in
theological controversies that will initially seem arcane. However,
the way he dealt with these controversies influenced many of the
doctrines discussed in this book. A basic issue for Locke and
many of his contemporaries was the ontological status of natural
law and in particular its relation to Gods will. If one took the view,
common among natural law theorists of his day, that natural lawis eternal and unchanging, then this view threatened another
notion many of them thought compelling: that God is omnipo-
tent. By definition, an all-powerful God could not be bound by
natural law. Yet if God has the capacity to change natural law, we
cannot assume it to be timeless and fixed. Locke wrestled with
this tension without ever resolving it to his own satisfaction, but
in his moral and political writings he came down decisively in thevoluntarist, or will-centered, camp.He could not relinquish the
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proposition that for something to have the status of a law, it must
be the product of a will. By adopting this voluntarist view, Locke
aligned himself with other will-centered theorists of the early
Enlightenment, notably German philosopher and natural law the-
orist Samuel von Pufendorf.
The voluntarist theory of natural law dovetailed neatly with
Lockes general epistemology, which mirrored the Hobbesian one
just described. Locke distinguished ectype from archetype
ideas: ectypes are general ideas of substances, and archetypes are
ideas constructed by man. This distinction generated a radical
disjunction between natural and conventional knowledge, under-
pinned by a further distinction between nominal and real
essences. In substances that depend on the external world for
their existence (such as trees or animals), only nominal essences
can be known to man. The real essence is available only to the
maker of the substance, God. In the case of archetypes, however,
nominal and real essences are synonymous so that real essences
can by definition be known by man. Because social practices arealways a function of archetype ideas, it follows that real social
essences can be known by man. We know what we make. For
Locke, as for Hobbes, man can thus have incontrovertible knowl-
edge of his creationsmost importantly, for our purposes, of
political arrangements and institutions.
1.1.2 The Preoccupation with CertaintyInsisting that will-centeredness is the hallmark of the highest
form of knowledge involved an archaic gloss on what we today
think of as analytic truth. No less archaic was the related depreca-
tion of forms of knowledge that are not will-dependent. The post-
Humean Enlightenment tradition has been marked, in contrast,
by a fallibilist view of knowledge. All knowledge claims are falli-
ble, on this account, and science advances not by making knowl-
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edge more certain but by producing more knowledge. Recogniz-
ing the corrigibility of all knowledge claims and the possibility
that one might always be wrong exemplifies the modern scientific
attitude. As Karl Popper (19021994) noted, the most that we can
say, when hypotheses survive empirical tests, is that they have not
been falsified so that we can accept them provisionally. As a
dramatic illustration, a recent study by a distinguished group of
astrophysicists suggests that what have been accepted as the basic
laws of nature may not be unchanging. If true, the consequences
for our understanding of modern science will be at least as pro-
found as was Einsteins theory of relativity.
Ethics, political philosophy, and substantial parts of the human
sciences would thus come to face a double threat as the Enlight-
enment matured. The abandonment of creationist theories of
knowledge would deprive them of their early Enlightenment iden-
tification with logic and mathematics as preeminent sciences, but
it was far from clear that they contained propositions that could be
tested empirically by the standards of a critical, fallibilist science.Neither certain nor subject to falsification, these fields of inquiry
were challenged to escape the bugbear of being merely subjec-
tive, to be cast, as A. J. Ayer argued so dramatically in Language,
Truth,and Logicin 1936, along with metaphysics, into the trashcan
of speculation. Since the expression of a value judgment is not a
proposition, Ayer insisted, the question of truth or falsehood
does not here arise.Theorists of ethical science treat proposi-tions which refer to the causes and attributes of our ethical feel-
ings as if they were definitions of ethical concepts. As a result,
Ayer held, they fail to recognize that ethical concepts are pseudo-
concepts and consequently indefinable.Ayers doctrine of logi-
cal positivism is often attacked, but we will see that his view of the
nonscientific character of normative inquiry has endured in both
the academy and the public mind.
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14 e n l i g h t e n m e n t p o l i t i c s
1.2 The Centrality of Individual Rights
In addition to faith in science, the Enlightenments central focus
on individual rights dierentiates its political philosophy fromthe ancient and medieval commitments to order and hierarchy.
This focus brings the freedom of the individual to the center of
arguments about politics. This move was signaled in the natural
law tradition by a shift in emphasis from the logic of law to the
idea of natural right. Hobbes contended in Leviathanthat it was
customary to conflate Jus,and Lex, Rightand Law;yet they ought
to be distinguished; because RIGHT, consisteth in liberty to do, orto forbeare; Whereas LAW, determineth, and bindeth to one of
them; which in one and the same matter are inconsistent.We
find similar reasoning in Lockes Essays on the Law of Nature,
written in 1663. Rejecting the traditional Christian correlativities
between right and law, he insisted instead that natural law ought
to be distinguished from natural right: for right is grounded in
the fact that we have the free use of a thing, whereas law is what
enjoins or forbids the doing of a thing. Just how distinctive
these moves were can be gleaned from the fact that European
languages other than English lack this linguistic distinction. The
German word Recht,the Italian diritto,and the French droitare all
used to signify law in the abstract as well as right; so closely bound
are the etymologies of these ideas historically. Although the En-
glish social contract theorists spearheaded this change, we will
see that it has left its indelible stamp on a much wider swath of the
political terrain.
We have already seen that in Lockes voluntarist theology, Gods
omnipotence is foundational. What humans perceive as natural
law is in fact Gods natural right, an expression of his will.
Lockes theory of ownership flows naturally out of this scheme,
transforming the workmanship model of knowledge into a nor-
mative theory of right. It is through acts of autonomous making
that rights over what is created come into being: making entails
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e n l i g h t e n m e n t p o l i t i c s 15
ownership so that natural law is at bottom Gods natural right over
his creation. Lockes frequent appeals to metaphors of work-
manship and watch making in the Two Treatisesand elsewhere
make it fundamental that men are obliged to God because of his
purposes in making them. Men are the Workmanship of one
Omnipotent, and infinitely wise Maker. . . . They are his Property,
whose Workmanship they are, made to last during his, not one
anothers pleasure.
For Locke, human beings are unique among Gods creations
because he gave them the capacity to make, to create rights of
their own. We will see that this idea, in a secularized form, would
long outlive the workmanship theology and epistemology that
spawned it. In Lockes formulation, natural law dictates that man
is subject to divine imperatives to live in certain ways, but, within
the limits set by the law of nature, men can act in a godlike
fashion. Man as maker has a makers knowledge of his inten-
tional actions, and a natural right to dominion over mans prod-
ucts. Provided we do not violate natural law, we stand in the samerelation to the objects we create as God stands to us; we own them
just as he owns us.Natural law, or Gods natural right, thus sets
outer boundaries to a field within which humans have divine
authority to act as miniature gods, creating rights and obligations
of their own.
1.3 Tensions Between Science and Individual Rights
How the preoccupation with science and the commitment to indi-
vidual rights have influenced arguments about the source of polit-
ical legitimacy will be explored in subsequent chapters. A general
point to bear in mind, already suggested by my discussion of
Lockes theology, is that these two Enlightenment values live in
potential tension with one another. Science is a deterministicenterprise, concerned with discovering the laws that govern the
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16 e n l i g h t e n m e n t p o l i t i c s
universe. In the social and political realms this point has obvious
potential for conflict with an ethic that emphasizes individual
freedom: if human actions are law-governed, how can there be
the freedom of action that gives the commitment to individual
rights its meaning and point? This is an instance of the long-
standing tension between free will and determinism that reared
its head in Lockes theological concerns, but it takes on a charac-
teristic Enlightenment hue when formulated as a tension be-
tween science and individual rights.
Even Hobbes and Locke, who placed so much emphasis on the
existence of definitive answers to normative questions, could not
escape this tension completely. Both believed that people are free
to act as they choose when natural law is silent, but, when it is not,
neither was entirely comfortable with the proposition that free
human will must always succumb to natural laws requirements.
This was so despite the fact that both of them believed natural law
had the full force of both science and theology behind it. Hobbes
held that rational individuals would agree to submit to an abso-lute sovereign because the alternative was horrific civil war. This
thinking implies that the sovereign could legitimately order his
subject to lay down his life in battle, but Hobbes felt compelled to
warn the sovereign not to be surprised if subjects were unwilling
to do this.Although Locke thought natural law as expressed in
the Scriptures binding on human beings, he recognized that the
Scriptures are suciently ambiguous to allow room for interpre-tive disagreement. One of his main arguments with Sir Robert
Filmer in the First Treatiseconcerned Lockes insistence that God
speaks directly to every individual who reads the Scriptures, and
that no human authority is entitled to declare one interpretation
authoritative in the face of a conflicting one.This freedom to
comprehend natural law by ones own lights supplied the basis of
Lockes right to resist that could be invoked against the sovereign,and to which he himself appealed when opposing the English
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e n l i g h t e n m e n t p o l i t i c s 17
crown during the 1680s. His conviction that right answers can be
discovered about the meaning of the Scriptures, and, hence, what
natural law requires, was not understood to obliterate human
freedom to disagree even about that very subject.
In short, although the workmanship ideal is an attempt to syn-
thesize the deterministic injunctions of science with an ethic that
gives centrality to individual freedom, that ideal contains tensions
for human beings that are analogous to the natural law paradox
that concerned Locke. If there are unassailable right answers
about political legitimacy that any clearheaded person must af-
firm, in what sense do people really have the right to decide this
for themselves? But if they are free to reject what science reveals
on the basis of their own convictions, then what is left of sciences
claim to priority over other modes of engaging with the world?
We will see this tension surface repeatedly in the utilitarian,
Marxist, and social contract traditions, without ever being fully
resolved. The tension is recast in the democratic tradition and
managed through procedural devices that diminish it, but there,too, the tension is never entirely dispatched. Its tenacity reflects
the reality that the allure of science and the commitment to indi-
vidual rights are both basic to the political consciousness of the
Enlightenment.
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Introduction tothe Bible
New Haven and London
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Copyright 2012 by Yale University.
All rights reserved.
Tis book may not be reproduced, in whole or in part, including
illustrations, in any orm (beyond that copying permitted by Sections 107
and 108 o the U.S. Copyright Law and except by reviewers or the publicpress), without written permission rom the publishers.
Yale University Press books may be purchased in quantity or educational,
business, or promotional use. For inormation, please e-mail
[email protected] (U.S. offi ce) or [email protected] (U.K. offi ce).
Set in Minion type by Westchester Book Group
Printed in the United States o America
Biblical verses reprinted rom anakh: Te Holy Scripturesby permission
o the University o Nebraska Press. Copyright 1985 Te Jewish
Publication Society, Philadelphia.
able 3: From Exploring Exodus: Te Heritage of Biblical Israel,by Nahum
M. Sarna, copyright 1986 by Nahum M. Sarna, table appears on p. 76.
Used by permission o Schocken Books, a division o Random House, Inc.
For inormation about this and other Random House, Inc., books and
authors, see the Web site at http://www.randomhouse.com.
Map 6: From Te Old estament: A Historical and Literary Introduction to
the Hebrew Scriptures, by Michael Coogan, copyright 2006 by Oxord
University Press, Inc., map appears on p. 403. Used by permission o
Oxord University Press, Inc.
Library o Congress Cataloging-in-Publication Data
Hayes, Christine Elizabeth.
Introduction to the Bible / Christine Hayes.
pages cm (Te open Yale courses series)
Includes bibliographical reerences and index.
ISBN 978-0-300-18179-1 (pbk.)
1. Bible. O..Introductions. I. itle.
BS1140.3.H39 2012
221.6'1dc23
2012022003
A catalogue record or this book is available rom the British Library.
Tis paper meets the requirements o ANSI/NISO Z39.48-1992
(Permanence o Paper).
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For my students,
real and virtual,
past, present, and future
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"Introduction to the Bible," by Christine Hayes
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Preface ix
Chronology of Signicant Events in the History of Ancient Israel xiii
1. Te Legacy o Ancient Israel 1
2. Understanding Biblical Monotheism 15
3. Genesis 13: Te Biblical Creation
Stories 29
4. Doublets and Contradictions 43
5. Te Modern Critical Study o the Bible 58
6. Biblical Narrative: Te Stories o the
Patriarchs (Genesis 1236) 76
7. Israel in Egypt: Moses and the
Beginning o Yahwism 94
8. From Egypt to Sinai 111
9. Biblical Law 127
10. Te Priestly Legacy: Cult and Sacrice,
Purity and Holiness 148
11. On the Steps o Moab: Deuteronomy
and the Figure o Moses 165
12. Te Deuteronomistic History I: Joshua 185
13. Te Deuteronomistic History II:
O Judges, Prophets, and Kings 19814. Te Kingdoms o Judah and Israel 216
15. Israelite Prophecy 236
16. Te Prophetic Response to the Events
o History: Amos as Paradigm 248
17. Prophets o the Assyrian Crisis:
Hosea and First Isaiah 263
18. Judean Prophets: Micah, Zephaniah, Nahum,
Habakkuk, Jeremiah 280
Contents
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viii Contents
19. Responses to the Destruction:
Ezekiel and 23 Isaiah 298
20. Responses to the Destruction:
Lamentations and Wisdom 315
21. Canonical Criticism: Ecclesiastes,
Psalms, and the Song o Songs 338
22. Te Restoration: Ezra-Nehemiah
and Ruth 360
23. Postexilic Prophets and the Rise o
Apocalyptic 379
24. Israel and the Nations: Estherand Jonah 391
Epilogue 400
Notes
Index
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ix
Tis book examines the small library o twenty-our books common to all
Jewish and Christian Bibles everywherebooks that preserve the diverse
efforts o various writers over a period o nearly a millennium to make
sense o both the historical odyssey and the human experience o the an-
cient Israelite people. Like any library, this ancient collection contains
books by many authors writing in many contexts and responding to many
crises and questionspolitical, historical, socioeconomic, cultural, philo-sophical, religious, and moraloffering an unresolved polyphony that re-
wards careul reading and reection.
Te great variety and complexity o the many books o the Bible can
be daunting to those who wish to understand not only its contents but also
its continuing inuence through history. Tis volume guides readers through
the complex and polyphonous literature o the twenty-our biblical books
that would serve as a oundational pillar o western civilization. Introduc-
ing readers to the modern methods o study that have led to deep and power-ul insights into the original context and meaning o biblical texts, this book
traces the diverse strands o Israelite culture and thought incorporated in
the Bible, against the backdrop o their historical and cultural setting in the
ancient Near East. It probes the passionate and highly raught struggle o
different biblical writers to understand and represent their nations histori-
cal experience and covenantal relationship with its god.
Te twenty-our chapters that constitute the present volume are based
on the twenty-our lectures presented in my undergraduate course Intro-duction to the Old estament,which is widely available online through
Yale Universitys Open Yale Courses project (http://oyc.yale.edu/). Tis vol-
ume is not an exact transcript o those lectures; it revises and adapts them
or a written ormat. At times a different order o presentation is adopted.
Repetitions and inelicitous ormulations have been deleted, and some new
material has been incorporatedin particular, close analysis o primary
sources and biblical texts that, in the context o the Yale course, was under-
taken by students in small discussion sections.
Preace
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x Preface
By their very nature as introductory, the course and the current vol-
ume do not represent my own original research. Rather, they draw upon
and synthesize a vast body o existing scholarship on the Bible o ancient
Israelespecially the writings o Michael Coogan, Moshe Greenberg,
Yehezkel Kaumann, Jonathan Klawans, Jacob Milgrom, Nahum Sarna,
and the excellent scholarly essays in Te Jewish Study Bible,edited by Adele
Berlin and Marc Brettler (New York: Oxord University Press, 2004). Read-
ers will also see some correspondences between the present volume and
two summary chapters on biblical Israel in my textbook Te Emergence of
Judaism: Classical raditions in Contemporary Perspectives (Minneapolis,
MN: Fortress Press, 2010).
Chapter 1 is a general introduction to the Bible in its ancient NearEastern context. Chapters 2 through 15 ollow the narrative chronology o
the Bible, rom Genesis through 2 Kings. Readers should be aware that the
narrative sequence does not reect the compositional sequence o the Bible.
In other words, and as just one example, most scholars now agree that parts
o Genesis were written long afer parts o Exodus or Deuteronomy or Isa-
iah. Many biblical books came into being through the accretion o various
materials over the course o centuries. Tus, while ollowing the narrative
chronology imposed by the nal redactor o Genesis through 2 Kings, wewill simultaneously attend to the compositional history o the text, noting
the likely provenance o the various units that make up the nal redacted
biblical text and considering how and why the text acquired the orm we
see today. Chapters 16 through 19 examine the books o the prophets in his-
torical sequence rather than canonical sequence, and chapters 20 through
24 take a somewhat thematic approach to the books collected in the section
o the Hebrew Bible known as the Writings.
Readers o this volume will derive maximum benet i they are amil-iar with the biblical material analyzed in each chapter. Tus, readers are
strongly urged to read the relevant biblical passages listed at the begin-
ning o each chapter. However, even readers unable to complete the biblical
readings will learn much rom the presentations and discussions in this
book.
Te biblical translation that serves as the basis or both the course and
this volume is that o the Jewish Publication Society, particularly as ound
in Te Jewish Study Bible.Citations o biblical texts in this volume are takenprimarily rom anakh: Te Holy Scriptures (Philadelphia: Jewish Publica-
tion Society, 1985)but also occasionally rom the Revised Standard Version
(particularly in the case o well-known passages such as the twenty-third
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Preace xi
psalm). In both cases, I have modied the translation to more accurately
reect the various modes o reerence employed or the Israelite deity. Bibli-
cal writings regularly use our distinct terms to reer directly to the Israelite
deity (I include here terms o consistent direct address only and not more
occasional and descriptive epithets): El, Elohim, Yahweh, and (with less
requency) Adonai. El is the name o the chie god o the Canaanite pan-
theon. Elohim is a grammatically plural orm (gods), but in reerence to
the god o Israel, it takes singular verbs and thus may be understood as
another name or this specic god. Yahweh is a divine name attested in ar-
chaeological nds rom regions to the south o biblical Israel and applied to
the Israelite god in biblical writings. Adonai, literally my lord, is used as a
reerence to the deity in a ew biblical books. Many English translations othe Bible adopt the convention o rendering El and Elohim as God (with
a capital G) and Yahweh as the (in capital letters). Te latter render-
ing is a pious substitution made in deerence to a postbiblical reluctance to
pronounce the name Yahweh. Unortunately, all o these renderings are
misleading. On the one hand, they obscure the historical connections be-
tween Israels god and the gods o surrounding peoples (specically the
Canaanite deity El and the southern deity Yahweh). On the other hand, the
rendering God causes readers to conuse the deity o the Hebrew Bible withthe deity constructed by the much later tradition o western theology, a deity
commonly reerred to as God (with a capital G). As any astute reader o
the Pentateuch will immediately discern, the biblical character El, or Elo-
him or Yahweh, is not represented by the biblical writer as possessing the
attributes attributed to the deity reerred to as God by the later tradition o
western theology (or example, in many narratives he lacks the attributes
o omniscience and immutability). It is best that the reader keep these two
constructions (the biblical deity and the theologians God) distinct in or-der to ully appreciate the biblical texts. For that reason, the word Godwith
a capital Gdoes not appear in this volume (except when quoting the work
o a scholar who does employ the term).In order to provide the most un-
mediated access to the conceptions o the divine ound in ancient Israel, the
direct names El, Elohim, and Yahweh will be rendered as they appear in the
biblical text.
Te terms Hebrew, Israelite,andJudeanalso require some explanation.
Hebrew is the name employed in some biblical sources to designate themost ancient ancestors o the Israelite people. It is primarily an ethnic and
linguistic term denoting persons who spoke Hebrew, a Canaanite dialect.
Te Hebrews are thought to have established themselves in the land o Ca-
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xii Preface
naan (roughly modern-day Israel) by about 1200 ... Te terms Israeland
Israelitereer to a member o the twelve Hebrew tribes o the Israelite eth-
nos who inhabited Canaan, eventually orming themselves into a united
kingdom around 1000 ... Te kingdom o Israel later split into a north-
ern kingdom, Israel, and a southern kingdom, Judah. Although any member
o the twelve tribes was a member o the Israelite ethnos, inhabitants o the
northern kingdom were Israelites also by virtue o being rom the kingdom
o Israel, while inhabitants o the southern kingdom were (additionally)
known as Judeans by virtue o being rom the kingdomo Judah. However,
with the destruction o the northern kingdom in 722, the only Israelites re-
maining were the Judeans, and thus the terms IsraeliteandJudeanbecome
somewhat interchangeable (except in contexts that reer clearly to the or-mer inhabitants o the destroyed kingdom o Israel). Falling under Persian
rule at the end o the sixth century, the area around Jerusalem was named
Yehud and the term Yehudi(ofen translated Jew but more properly Ju-
dean) reerred to an inhabitant o Yehud/Judea. It would be some centuries
beore the term Yehudiwas understood to designate an adherent o the tradi-
tion o Judaism (a Jew), rather than an inhabitant o the province o Yehud/
Judea (a Judean).
Te land in which the kingdoms o Israel and Judah were located isreerred to by many biblical writers as the land o Canaan, and it is that
designation that will be adopted in this volume. Finally, throughout this
volume, the abbreviations .. (Common Era) and ... (Beore the Com-
mon Era) will be employed instead o the corresponding abbreviations ..
(Beore Christ) and .. (Anno Domini).
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xiii
Chronology o Signicant Events in the
History o Ancient Israel
20001900 ... Tird dynasty o Ur in Mesopotamia; XII dynasty in Egypt19001800 ... First Babylonian dynasty
17281686 ... Period o Hammurapi, the historical setting or the patriarchal narratives,
spanning our generations rom Abraham to the sons o Jacob
17001600 ... Hyksos invade Egypt; Babylonia declines; possible Hebrew migration into
Egypt
12901211 ... XIX dynasty in Egypt, Pharaohs Ramses II and Merneptah: the historical
setting or the story o the Jews enslavement in Egypt, the rise o Moses,
and the Exodus
End o thirteenthcentury ...
An entity known as Israel is attested in Canaan
12001000 ... Philistines settle along the coast o Canaan; the historical setting or the
events o the book o JudgesIsraelite tribes inhabit tribal areas throughout
Canaan, at times orming alliances against common enemies under the
leadership o judges
11001000 ... Philistine ascendancy in Canaan; the prophet Samuel anoints Saul rst king
in Israel
1000961 ... King David consolidates the Israelite tribes in a united kingdom and
establishes Jerusalem as the national capital961922 ... King Solomon builds the emple in Jerusalem
922 ... Upon Solomons death, the ten northern tribes rebel, creating Israel in the
north, ruled by Jeroboam I, and Judah in the south, ruled by Rehoboam
876842 ... In Israel: the Omri dynasty; the prophet Elijah (c. 850 ...) rails against
Baal worship under Ahab and his queen, Jezebel. In Judah: Jehoshaphat
rules, ollowed by Jehoram
842 ... In Israel: Jehu establishes a dynasty and pays tribute to Assyria. In Judah:
Athaliah rules
786746 ... In Israel: Jeroboam II reigns; the prophets Amos and Hosea deliver their
oracles
750730 ... Aggressive Assyrian expansion; the prophet Isaiah begins his prophetic
career in Judah (c. 742700 ...)
732 ... Syria alls to the Assyrians; soon afer, the prophet Micah delivers oracles in
Judah
722 ... Assyrians under Shalmaneser V conquer Samaria, the capital o Israel;
Sargon II makes Samaria an Assyrian province, marking the end o the
northern kingdom; mass Israelite deportation
(continued)
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xiv Chronology of Significant Events
715 ... Hezekiah reigns in Judah and initiates religious reorms in line with
Deuteronomistic ideology
701 ... Sennacherib o Assyria lays siege to Jerusalem; Judah becomes a tributary
vassal o Assyria
687642 ... Manasseh reigns in Judah and reintroduces oreign cultic practices
640609 ... Josiah reigns in Judah; initiates religious reorms, centralizing the worship
o Yahweh in the Jerusalem emple; short period o Judean independence
628622 ... Zephaniah delivers his prophecies
626587 ... Jeremiah delivers his prophecies
612 ... Babylonians and Medes raze Nineveh, the capital o Assyria; Babylonians
soon establish dominance over the ancient Near East
609 ... Judean King Josiah killed in the Battle o Megiddo605 ... Habakkuk delivers his prophecies
597 ... Nebuchadrezzar o Babylonia attacks Judah; rst deportation to Babylonia
includes Judahs king Jehoiachin and the prophet Ezekiel
593 ... Ezekiel begins to deliver his prophecies in Babylonia
587586 ... Jerusalem alls to the Babylonians; second deportation includes Judahs
King Zedekiah; the prophet Jeremiah ees to Egypt
539 ... Babylon alls to Cyrus II o Persia; period o the prophecies o Second Isaiah
538 ... Cyruss edict permits Jews to return to Judah and rebuild the emple; rst
exiles return under Sheshbazzar
520515 ... Jerusalem emple is rebuilt; the prophets Haggai and Zechariah are active;
Judah (Yehud) is a semiautonomous province o the Persian Empire
Fifh century ... Malachi delivers his prophecies; a second return under Ezra occurs (date
uncertain)
445 ... Nehemiah arrives in Judah; rebuilds the walls o Jerusalem
336323 ... Alexander conquers the ancient Near East; Hellenistic period begins
300200 ... Palestine alls under the control o the Ptolemies o Egypt; rise o the Jewish
community o Alexandria in Egypt200 ... Palestine alls under the control o the Seleucids o Syria
175163 ... Seleucid King Antiochus IV Epiphanes inames actional violence in
Jerusalem; Judah Maccabee and his sons lead a revolt in 167 ...
164 ... Maccabean victory; the desecrated emple is rededicated to Yahweh; Judea
becomes an independent kingdom under the Hasmoneans
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1
1
Te Legacy o Ancient Israel
In the nineteenth and twentieth centuries, archaeologists unearthed the
great civilizations o the ancient Near East: ancient Egypt, Mesopotamia,
and the area we reer to as the Fertile Crescent, including Canaan. Scholars
have been stunned by the ruins and records o these remarkable cultures
and civilizationsmassive, complex empires in some cases, many o which
had completely disappeared rom human memory. Teir newly uncoveredlanguages had been long orgotten; their rich literary and legal texts were
indecipherable (though that soon changed). Tanks to these discoveries,
scholars were soon in a position to appreciate the monumental achieve-
ments o these early civilizations.
Many scholars have remarked that it is no small irony that the ancient
Near Eastern people with one o the most lasting legacies was not a people
that built and inhabited one o the great centers o ancient Near Eastern civi-
lization. It can be argued that the ancient Near Eastern people with the mostlasting legacy was a people that had an idea. It was a new idea that broke
with the ideas o their neighbors. Tose people were the Israelites.
Scholars have come to the realization that despite the Bibles preten-
sions to the contrary, the Israelites were a small and relatively insignicant
group or much o their history. Around the year 1000 ..., they did es-
tablish a kingdom in the land that was known in antiquity as Canaan. Tey
probably succeeded in subduing some o their neighbors and collecting trib-
ute (though there is controversy about that), but in approximately 922 ...,
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2 Te Legacy of Ancient Israel
this kingdom divided into two smaller kingdoms o lesser importance. Te
northern kingdom, consisting o ten o the twelve Israelite tribes and re-
taining the name Israel, was destroyed in 722 ... by the Assyrians. Te
southern kingdom, consisting o two o the twelve tribes and known as Ju-
dah, managed to survive until the year 586 ..., when the Babylonians
conquered it. Jerusalemthe capitalell, the emple was destroyed, and
large numbers o Judeans were sent into exile.
In antiquity, conquest and exile usually spelled the end o an ethnic
national group. Conquered peoples traded their deeated god or the victo-
rious god o their conquerors. Trough cultural and religious assimilation,
the conquered nation disappeared as a distinctive entity. Indeed, that is
what happened to the ten tribes o the northern kingdom o Israel afer 722... Tey were lost to history. But it did not happen to those members o
the Israelite nation who lived in the southern kingdom o Judah (the Ju-
deans).Despite the demise o their national political base in 586 ...,
the Judeans, alone among the many peoples who have gured in ancient
Near Eastern historySumerians, Akkadians, Babylonians, Hittites, Phoe-
nicians, Hurrians, Canaanitesemerged afer the death o their state, and
produced a community and a culture that can be traced, through various
twists and turns, transormations and vicissitudes, down to the modernperiod. And these Judeans carried with them a radical new idea, a sacred
Scripture, and a set o traditions that would lay the oundation or the
major religions o the western world: Judaism, Christianity, and Islam. So
what is this radical new idea that shaped a culture and enabled its sur-
vival not only into later antiquity but even into the present day in some
orm?
Te Israelite Idea
Scholars have postulated that the conception o the universe widespread
among ancient peoples was one in which the various natural orces were
understood to be imbued with divine power, to be in some sense divinities
themselves.Te earth was a divinity, the sky was a divinity, the water was
a divinity, or possessed divine power. In other words, the gods were identi-
cal withor immanent inthe orces o nature. Tere were thus many gods,
and no one single god was all powerul.Tere is very good evidence to suggest that most ancient Israelites
shared this worldview. Tey participated, at the earliest stages o their his-
tory, in the wider religious and cultic culture o the ancient Near East. Over
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Te Legacy o Ancient Israel 3
the course o time, however, some ancient Israelites, not all at once and not
unanimously, broke with this view and articulated a different view accord-
ing to which there was one divine power, one god. More important than
this gods singularity was the act that this god was outside o and above
nature. Tis god was not identied with nature; he transcended nature. Tis
god was not known through nature or natural phenomena; he was known
through history and a particular relationship with humankind.
Tis ideawhich seems simple at rst and not so very revolutionary
affected every aspect o Israelite culture and in ways that will become clear
ensured the survival o the ancient Israelites as an ethnic-religious entity.
In various complicated ways, the view o an utterly transcendent god with
absolute control over history made it possible or some Israelites to inter-pret even the most tragic and catastrophic events, such as the destruction o
their capital and the exile o the nation not as a deeat o Israels god or even
that gods rejection o them, but as a necessary part o the deitys larger
purpose or plan or Israel.
Goals of the Book
Te Israelites bequeathed to later generations the record o their religiousand cultural revolution in the writings that are known as the Hebrew Bible.
Te present book is an introduction to the Hebrew Bible as an expression o
the religious lie and thought o ancient Israel and as a oundational docu-
ment o western civilization. Te book has several primary goals. First and
oremost, this book aims to amiliarize readers with the contents o the
Hebrew Bible. Second, this book introduces readers to a number o differ-
ent methodological approaches to the study o the Bible advanced by mod-
ern scholars. At times, the approach adopted will be that o a historian, attimes it will be that o a literary critic, and at times that o a religious and
cultural critic. Tird, the book will on occasion provide some insight into
the history o biblical interpretation. Te Bibles radically new conception
o the divine, its revolutionary depiction o the human being as a moral
agent, and its riveting saga o the nation o Israel have drawn generations o
readers to ponder its meaning and message. As a result, the Bible has be-
come the base o an enormous edice o interpretation and commentary
and debate, not only in traditional settings but also in academic and secu-lar settings. Very occasionally, this book considers how certain biblical pas-
sages have been interpretedsometimes in contradictory waysover the
centuries.
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4 Te Legacy of Ancient Israel
A ourth goal o the book is to explore the culture o ancient Israel
against the backdrop o its historical and cultural setting in the ancient
Near East. Te archaeological discoveries in the ancient Near East reerred
to above reveal the spiritual and cultural heritage o all o the inhabitants
o the region, including the Israelites, and shed light on the background
and origin o the materials in the Bible. It is now clear that the traditions in
the Bible did not come out o a vacuum. Te early chapters o Genesis are
an excellent example o this claim. Genesis 1 through 11known as the
primeval history (an unortunate name because these chapters are not
best read or understood as history in the conventional sense)owe a great
deal to ancient Near Eastern mythology. Te creation story in Genesis 1
echoes themes and motis ound in the Babylonian creation epic known asEnuma Elish. Te story o the rst human pair in the Garden o Eden,
ound in Genesis 2 and 3, has clear affi nities with the Epic of Gilgamesh,an
ancient Near Eastern epic in which a hero embarks on an exhausting search
or immortality. Te story o Noah and the ood ound in Genesis 69 is
simply an Israelite version o recently discovered ancient Near Eastern pro-
totypes: a Mesopotamian ood story called the Epic of Atrahasis and a
ood story incorporated into the Epic of Gilgamesh. In short, biblical tradi-
tions have roots that stretch deep into earlier times and out into surround-ing lands and traditions. Te parallels between the biblical stories and
ancient Near Eastern stories have been the subject o intense study and will
be considered in some depth in this book.
It isnt just the similarity between the biblical materials and the an-
cient Near Eastern sources that is remarkable. Te dissimilarity is also im-
portant because it shows us how the biblical writers transormed a common
Near Eastern heritage in light o radically new Israelite conceptions o the
nature o the deity, o the created world, and o humankind. For example, aSumerian story dating to the third millennium ..., the story o Ziusu-
dra, is very similar to the Genesis ood story o Noah. In both the Sume-
rian and the Israelite ood stories, a ood occurs as the result o a deliberate
divine decision; one individual is chosen to be rescued; that individual is
given very specic instructions regarding the construction o a boat and
whom to bring on board; the ood comes and exterminates all living
things; the boat comes to rest on a mountaintop; the hero sends out birds to
reconnoiter the land; and when he comes out o the ark, he offers a sacriceto his god. Te same narrative elements appear in these two stories, but
what is o great signicance is that the biblical writer does not simply retell
a story that circulated widely in ancient Mesopotamia. Te biblical writer
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Te Legacy o Ancient Israel 5
transformsthe story so that it becomes a vehicle or the expression o differ-
ent values and views. In the Mesopotamian ood stories, or example, the
gods act capriciously. In act, in one o the stories, the gods complain that
noisy humans disturb their sleep and decide to wipe them all out indis-
criminately with no moral scruple. Te gods destroy the helpless but stoical
humans who chae under their tyrannical, unjust, and uncaring rule. But
in the biblical story, the details are modied to reect a moral purpose: It is
the deitys uncompromising ethical standard that leads him to bring the
ood in an act o divine justice. He is punishing the evil corruption o the
human beings he has so lovingly created and whose degradation he cannot
bear to witness. Tus, the story provides a very different message in its Isra-
elite version.Comparing the Bible with the literature o the ancient Near East re-
veals not only the cultural and literary heritage common to them but also
the ideological gul that separated them. Te biblical writers used these
stories as a vehicle or the expression o a radically new idea. Tey drew
upon older sources but shaped them in a particular way, creating a critical
problem or anyone seeking to reconstruct ancient Israelite religion or cul-
ture on the basis o the biblical materials: the conicting perspectives o the
nal editors o the text and o the older sources that are incorporated intothe Bible. Tose who were responsible or the nal edited orm o the text
had a decidedly monotheistic perspective that they attempted to impose on
the older source materials. For the most part they were successul. But at
times the result o their effort is a deeply conicted, deeply ambiguous text
eaturing a cacophony o voices.
In many respects, the Bible represents or expresses a basic discontent
with the larger cultural milieu in which it was produced. And yet, many
moderns think o the Bible as an emblem o conservatism, an outdateddocument with outdated ideas. Te challenge o the present book is to help
readers view the Bible with resh eyes in order to appreciate it or what it
was: a revolutionary cultural critique. o view the Bible with resh and ap-
preciative eyes, readers must rst acknowledge and set aside some o their
presuppositions about the Bible.
Myths and Facts about the Bible
It is impossible not to hold opinions about this text because it is an intimate
part o our culture. Even those who have never opened or read the Bible can
cite a verse or a phrase, such as an eye or an eye, a tooth or a tooth or
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6 Te Legacy of Ancient Israel
the poor will always be with youalthough it is likely they do not know
what these phrases really mean in their original context. Verses are quoted
or alluded to, whether to be championed and valorized or lampooned and
pilloried, and such citations create within us a general impression o the
biblical text and its meaning. As a result, people believe they have a rough
idea o the Bible and its outlook, when in act what they have are popular
misconceptions that come rom the way the Bible has been used or mis-
used. Indeed, many o our cherished presuppositions about the Bible are
based on astonishing claims that others have made on behal o the Bible,
claims that the Bible has not made on behal o itsel.
Tere is value in examining and setting aside some o the more com-
mon myths about the Bible. Te rst common myth is that the Bible is abook. In act, the Bible is not a book with the characteristic eatures that
such a designation implies. For example, the Bible does not have a uniorm
style, a single author, or a single messageeatures conventionally implied
by the word book.Te Bible is a library or an anthology o books written
and edited over an extensive period o time by people in very different situ-
ations responding to very different issues and stimulipolitical, historical,
philosophical, religious, and moral stimuli. Moreover, there are many
types or genres o material in the Bible. Tere are narrative texts, and thereare legal texts. Tere are cultic and ritual texts that prescribe how a given
ceremony is to be perormed. Tere are records o the messages o proph-
ets. Tere is lyric poetry and love poetry. Tere are proverbs, and there are
psalms o thanksgiving and lament. In short, there is a tremendous variety
o material in this library.
It ollows rom the act that the Bible is not a book but an anthology o
diverse works that it is also not an ideological monolith. Each book within
the biblical collection, or strand o tradition within a biblical book, soundsits own distinctive note in the symphony o reection that is the Bible. Gen-
esis is concerned to account or the origin o things and wrestles with the
existence o evil, idolatry, and suffering in a world created by a good god.
Te priestly texts in Leviticus and Numbers emphasize the sanctity o all
lie, the ideal o holiness, and ethical and ritual purity. Tere are odes to
human reason and learning in the wisdom book o Proverbs. Ecclesiastes
scoffs at the vanity o all things, including wisdom, and espouses a kind o
positive existentialism. Te Psalms contain writings that express the ullrange o emotions experienced by the worshipper toward his or her god.
Job challenges conventional religious piety and arrives at the bittersweet
conclusion that there is no justice in this world or any other, but that none-
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Te Legacy o Ancient Israel 7
theless we are not excused rom the thankless, and perhaps ultimately mean-
ingless, task o righteous living.
One o the most wonderul and ortuitous acts o history is that later
Jewish communities chose to put this diverse material in the collection we
call the Bible. Tey chose to include all o these dissonant voices and did
not strive to reconcile the conictsand nor should modern readers be-
cause the Bible isnt a book but a library. Each book, each writer, each voice
reects another thread in the rich tapestry o human experience, human
response to lie and its puzzles, and human reection on the sublime and
the depraved.
A second myth about the Bible that should be set aside is that biblical
narratives are pious parables about saints. Biblical narratives are not simple,pious tales. Tey are psychologically real literature about realistic people
whose actions are not always exemplary and whose lives should not always
be models or our own. Tere isa genre o literature that details the lives o
saints called hagiography, but that genre emerges later in the Christian era.
It is not ound in the Hebrew Bible. Te Bible abounds with human, not
superhuman, beings and their behavior can be scandalous, violent, rebel-
lious, outrageous, lewd, and vicious. But at the same time, like real people,
biblical characters can turn and act in ways that are loyal and true or aboveand beyond the call o duty. Tey can and do change.
Nevertheless, many people open the Bible or the rst time and
quickly close it in shock and disgust. Jacob is a deceiver! Joseph is an arro-
gant, spoiled brat! Judah reneges on his obligations to his daughter-in-law
and sleeps with a prostitute! Who are these people? Why are they in the
Bible? Te shock some readers eel comes rom their expectation that the
heroes o the Bible are perectly pious people. Such a claim is not made by
the Bible itsel. Biblical characters are realistically portrayed, with realisticand compelling moral conicts, ambitions, and desires. Tey can act short-
sightedly and selshly, but like real people they can learn and grow and
change. I we work too hard and too quickly to vindicate biblical characters
just because they are in the Bible, or attribute to them pious qualities and
characteristics as dictated by later religious traditions, then we miss the
moral sophistication and the deep psychological insights that have made
these stories o timeless interest.
A third myth to be set aside is that the Bible is suitable or children.Te subject matter in the Bible is very adult, particularly in the narrative texts.
Tere are episodes o treachery and incest and murder and rape. Neither
is the Bible or nave optimists. It speaks to those who have the courage to
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8 Te Legacy of Ancient Israel
acknowledge that lie is rie with pain and conict, just as it is lled with
compassion and joy.
Te Bible is not or children in a second sense. Like any literary mas-
terpiece, the Bible is characterized by a sophistication o structure and style
and an artistry o theme and metaphor that are ofen lost even on adult
readers. Te Bible makes its readers work. It doesnt moralize, or at least it
rarely moralizes. It exploresmoral issues and situations; it places its charac-
ters in moral dilemmasbut very ofen the reader must draw the conclu-
sions. Tere are also paradoxes, subtle puns, and ironies that the careul
reader soon learns to appreciate.
Te ourth myth to be set aside is that the Bible is a book o theology.
Te Bible is not a catechism, a book o systematic theology, or a manual oreligion, despite the act that at a much later time, very complex systems o
theology would be spun rom particular interpretations o biblical pas-
sages. Tere is nothing in the Bible that corresponds to prevailing modern
western notions o religion; indeed, there is no word or religion in the lan-
guage o biblical Hebrew. With the rise o Christianity, western religion
came to be dened, to a large degree, in terms o doctrine and belie. Te
notion o religion as requiring conession o, or intellectual assent to, a cat-
echism o belies is entirely alien in biblical times and in the ancient NearEast generally. Tus, to become an Israelite, one simply joined the Israelite
community, lived an Israelite lie, and died an Israelite death; one obeyed
Israelite law and custom, revered Israelite lore, and entered into the historical
community o Israel by accepting a common ate. Te process most resem-
bled what today would be called naturalization.
In short, the Hebrew Bible is not a theological textbook. It is not pri-
marily an account o the divine, which is what the word theologyconnotes.
It eatures a great deal o narrative, and its narrative materials provide anaccount o the odyssey o apeople,the nation o Israel. o be sure, although
the Bible does not contain ormal statements o religious belie or system-
atic theology, it does treat moral and sometimes existential issues that would
become central to the later discipline o theology, but it treats them in a very
different manner. Te Bibles treatment o these issues is indirect and im-
plicit. It uses the language o story and song, poetry, paradox, and metaphor
a language and a style very distant rom the language and style o later
philosophy and abstract theology.It is important that readers not import into their reading o the He-
brew Bible their conceptions o a divine being generated by the later dis-
cipline o philosophical theology. Te character Yahweh o the Hebrew
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Te Legacy o Ancient Israel 9
Bible should not be conused with the god o western theological specula-
tion (generally denoted as God). Qualities attributed to the latter by
theologianssuch as omniscience and immutabilitysimply are not at-
tributed to the biblical character Yahweh by the biblical narrators. Yahweh
is ofen surprised by the actions o humans and is known to change his
mind and adjust his plans in response to what he learns about human na-
ture and behavior. Accordingly, one o the greatest challenges or modern
readers o the Hebrew Bible is to allow the text to mean what it says, when
what it says ies in the ace o centuries o theological construction o the
concept God.
A nal myth concerns the Bibles provenance. Te Bible itsel does not
claim to have been written by a deity. Te belie in the Bibles divineauthorship is a religious doctrine o a much later age, though how literally
it was meant is not clear. Similarly, the books o Genesis, Exodus, Leviticus,
Numbers, and Deuteronomy, known as the Pentateuch, nowhere claim to
have been written in their entirety by Moses. Later tradition would reer to
these ve books as the orah (Instruction) o Moses, and eventually the
belie would arise that they were authored by Moses, a view questioned al-
ready in the Middle Ages and not accepted by modern scholars. Te Bible
was ormulated, assembled, edited, modied, censored, and transmittedrst orally and then in writingby human beings. Tere were many con-
tributors over many centuries, and the individual styles and concerns o
those writers and editors, their political and religious motivations, betray
themselves requently.
Structure and Contents
Te Hebrew Bible is an assemblage o books and writings dating rom ap-proximately 1000 ... (opinions vary on this point) down to the second
century ... Te last book within the Hebrew Bible was written in the
160s ... Some o these books contain narrative snippets, legal materials,
or oral traditions that may date back even urther in time. Tese materials
may have been transmitted orally but eventual