From the nation's most peripatetic civil liberties lawyer comes a "dazzling and stimulating" exploration of how the creation of the ten commandments provides the origins to today's law ( Library Journal ).
Alan Dershowitz is one of America's most famous litigation experts. In the Genesis of Justice he examines the Genesis narratives to bring to the reader an insight into the creation of the ten commandments and much of what is now law.
Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He is the Felix Frankfurter Professor of Law at Harvard Law School. He is known for his career as an attorney in several high-profile law cases and commentary on the Arab-Israeli conflict.
He has spent most of his career at Harvard, where, at the age of 28, he became the youngest full professor in its history, until Noam Elkies took the record. Dershowitz still holds the record as the youngest person to become a professor of law there.
As a criminal appellate lawyer, Dershowitz has won thirteen out of the fifteen murder and attempted murder cases he has handled. He successfully argued to overturn the conviction of Claus von Bülow for the attempted murder of Bülow's wife, Sunny. Dershowitz was the appellate advisor for the defense in the criminal trial of O.J. Simpson for the murder of his ex-wife Nicole Simpson and her friend Ronald Goldman.
Dershowitz examines ten stories of Biblical injustice that led to the ten commandments, modern morality, and Law. I am not sure what his purpose was or whether he succeeded in his quest, but having spent many university hours on Kierkegaard’s discussion of Abraham and Isaac ( Fear and Trembling) and his ‘Love your neighbor as yourself’ ( Works of Love), I am a sucker for any philosophical type discussion on biblical stories, and really enjoyed, first, rereading the stories, and second, following the discussion on them. A stimulating read!
It's hard to rate this book, because do I rate it on a scale of how much is it kfira, or how interesting it is, or how compelling an argument it makes, or what? It's interesting and readable and, well...
On a kfira scale--one being VaYoel Moshe (kidding! Just kidding!) and ten being, say, the New Testament--this is about a six. Really, this book didn't need to be kfira. It was mostly just the first 3-4 chapters, and the book would still have worked without them. The argument made in this book about the development of Biblical justice could have been made without including the idea of an imperfect God. (But then again, Dershowitz isn't Orthodox, and he wasn't trying to write an Orthodox book, and so I can't really judge the book on an Orthodox scale.)
As an aside, I have to admit, the man knows his sources. He quotes Rashi, Rambam, Ramban, Ibn Ezra, the Bavli, Midrash Rabba, rishonim, achronim, etc. like they're going out of style. However, he seems to deliberately misinterpret Rav Kook on the akeida--in order to disagree with the misinterpreted point. Which bothers me. (Basically, Rav Kook is saying that the akeida is distinguished from the Molech practice of child-sacrifice. Dershowitz says, But if Abraham was willing to sacrifice his son then it's the same thing! Deliberately missing the point: That the akeida is a lesson and that it's fairly significant that God stopped it from happening, in order to show that child-sacrifice is wrong, something that in a idolatrous civilization doesn't go without saying and needed to be stated explicitly.)
On a chapter-by-chapter level, the questions he brings up are interesting, but the answers are not quite as interesting. He says in the introduction that he doesn't use the multiple authorship theory when it comes to this book, because if you're trying to answer kushyot on the text, saying that the two stories were written by different authors isn't a satisfying answer and it doesn't add anything. Okay, but asking "How could such-and-such have done this" and answering "Such-and-such shouldn't have done this" is also not such an interesting answer. It all ties together eventually, which is kind of interesting. Kfira, but interesting. (I.e. kfiratastic!)
Dershowitz views the OT as a legal document. Genesis displays a unruly group of men and women who need the law to keep them in line. He uses a rabbinical approach of having a conversation with the text along with his background in the law for this interesting reading of the first book of the Bible.
Absolutely great. I don't know why, but every book I've read by Dershowitz has been extremely good, and this book is no exception. He tackles the judicial aspects of Genesis, providing a secular analysis of the texts. Very very interesting.
Fantastic book. I liked a lot all the citation of the commentaries, thru the centuries, of the Bible and Genesis (and by Jews, Christians and Muslims).
This book, despite the fact that I do not agree with the adversarial system of law which we use in the United States, was an excellent work. He shows in engaging ways how the stories of vice and victimhood lead directly to the laws enacted in more or less response to those earlier problems. Very intersting comparisons and contrasts are made between the various Abrahamic religious traditional ways of dealing with vice and law-giving, and finally a wonderful 'borrowing' is described in response to the lack of immediate consequence to law-breaking as he puts it, in the Torah.
I listened to this one on audible and I was surprised at how quickly I went through it. This was an excellent book, focusing on the importance of the Book of Genesis as to establishing law. The author sets up the basis of the Torah being the basis of law and the stories of Genesis as an example of life before a justice system was created and why it was needed. This is one that I will re-listen to from time to time as there was so much good stuff in it.
p. 222 "What distinguishes the Torah is precisely that it is a book of rules based on remembered experiences! That is why the Torah begins with wonderful stories about fallible human struggles with jealousy, temptation, vengeance, lust, selfishness, and other vices in the absence of a formal legal system."
Man argues with God. God experiments with different approaches.
p. 258 "The Bible uses stories of injustice to teach about the need for justice. This inspired collection of tales tells the story of the law's development through the ages. Lawlessness and injustice provide the impetus for change and improvement."
Fascinating review of Biblical roots of the judicial system
This work reveals the incredible link between the Bible and modern jurisprudence. My world view ascribes more credit to God and the veracity and completeness of the Biblical text than does Dershowitz, but there is much to appreciate about how the author utilizes his Jewish roots and his legal prowess to make these unmistakable connections.
A very interesting book where Mr. Dershowitz tracks the evolution of justice in the book of Genesis. He doesn't try to justify any of the outrageous acts - from the murder of Cain to the almost Sacrifice of Isaac
An interesting and very well written book. I love deciphering the mysteries of what people have come up with and this discussing a book or set which has caused just about every war on the planet- cool stuff.
Read this after a recommendation from a Christian member of our Torah Study Group. Very good read. I was particularly interested in the justice / legal presentation that he makes. He does good Torah midrash in this book.
Allan Dershowitz is a noted American law professor. Unfortunately, his training does not extend to the spiritual implications of the book he intends here to explicate.