Journal of Criminal Law and Criminology Volume 31 Article 7 Issue 4 November-December

Winter 1940 Jewish Criminal Law and Legal Procedure Max May

Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons

Recommended Citation Max May, Jewish Criminal Law and Legal Procedure, 31 Am. Inst. Crim. L. & Criminology 438 (1940-1941)

This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. JEWISH CRIMINAL LAW AND LEGAL PROCEDURE Max May'

Ancient Jewish law was not created during the long period in which this by Moses in its final form; law, being gigantic work came into being. part of a nation's culture, is the product The dominant idea in Biblical law of a slow process of growth and de- was the lex talionis. Since the first velopment. Moreover, Jewish law ab- century B. C., however, the Rabbis sorbed elements of other cultures and tried to modify this principle with the was particularly influenced by ancient result that the Pharisees almost abol- Babylonia. This study, however, does ished it. Their views became Jewish not intend to deal with the results of criminal law. The Sadducees, how- historical research or of comparative ever, insisted upon its application. jurisprudence; rather it aims to out- It would indeed be strange if the line the basic characteristics of Jewish idea of retaliation were missing from criminal law and its legal procedure. ancient Jewish law, for it was prevalent For it is proper to devote attention to in the very early beginnings of com- this subject even without considering munal existence. It was thus present the problems of history and compara- as well in Egyptian, Indian and Greek tive law, because of the intrinsic value jurisprudence and is preserved today. of Jewish legislation. For retaliation is still the first instinc- tive reaction to an injustice. Ethics and Law. The blood feud, which is the most It is significant for the close relation- primitive form of retaliation was rec- ship that exists between Jewish ethics ognized by Jewish law at first as a and Jewish law that both emerge from legal measure. Thus the closest rela- the same source: the religious code. tive of the killed person was expected Jewish law is sacred, Divine law. Its in very ancient times to avenge the basis is the Bible and Talmud. Though death of his kin upon the clan of the both are primary sources for the knowl- murderer. Moses, however, tried to edge of Jewish law, it must be borne limit the practice of such feuds through in mind that it was the task of the the institution of cities of refuge, where Talmud to interpret God's word as pro- the slayers might flee for safety.2 claimed in the Bible. The Talmud, on The belief that punishment serves as the other hand, not only interprets but a deterrent of crime was likewise wide- also extends the scope of the Biblical spread, as we can infer from the public teachings in accordance with the social administration of capital punishment and economic conditions that prevailed and flogging as well as from the verse: I Doctor of Law, formerly Judge and later a the Classification Division in a Penitentiary to Chief Prosecuting Attorney in Germany. Super- get acquainted visor of a German prison over a period of 10 with the American prison system. years. Author of articles on juvenile delinquency Address, 424 Forest Ave., Cincinnati, Ohio. and prison reform. Recently worked 5 months in 2 Num. 35.9; Deut. 19.1-13 and Josh. 20. [438] JEWISH CRIMINAL LAW

"And all Israel shall hear, and fear, more than three millenia ago, is testi- and shall do no more any such wicked- mony to the high-minded nature of ness as this in the midst of thee."3 Jewish law, though at times it may The existence of the law, "An eye have been observed in the breach only. for an eye, a tooth for a tooth," might Ancient Israel, though practicing slav- lead us to regard Mosaic legislation as ery in line with the standards of the being unduly severe or even barbaric. times, did not exclude the slaves from Indeed such traits are not altogether the benefits of the law, as did other lacking. But on the whole, they are nations of antiquity. Among the latter, overshadowed by instances of leniency slaves possessed no rights whatsoever. and consideration. Jewish law bears Among the Romans, for instance, they the mark of its times but surprises the were subjected to the whims of their historian with concepts that go beyond masters and were entirely helpless in the limits of time and space. the face of their sadism and cruelty. Oriental despotism trampled on the Significantly enough, a liberal-minded dignity of man, denied the doctrine of lawyer like Cicero apologizes in his equality before the law owing to the writings for the fact that he was deeply existence of the caste system and knew moved by the death of one of his slaves. no legal procedure whereby all might In ancient Judaea, however, both the obtain equal justice. The Mosaic legis- body and life of the slave were pro- lation, on the other hand, proclaimed tected by law. The Israelite slave who the doctrine of equality before the law was compelled to sell himself into bond- and attached such conditions of legal age on account of poverty or inability procedure as would guarantee a just to pay his debts had to be freed in the 5 trial and sentence. Not a few of the seventh year. The non-Israelite slave Mosaic laws can be considered ex- could be kept for life but he was re- provision garded as a member of the family.' emplary even today. The 7 that all human beings were entitled to He was allowed to rest on the Sabbath the same benefits of legal protection and the holidays. It is interesting to thus distinguished Jewish law from the note that he could even become his other legal systems of the times. master's heir. Abraham sent his slave, Whereas even the legislation of the "the elder of his house that ruled over 8 Hindus, which otherwise reached a all that he had," to select a wife for high level of development, differenti- his son Isaac. The master could like- ated between those of noble birth and wise take a slave-girl as his concubine the lowborn, the Bible declared: "One or give her to his son as a wife, but law shall be to him that is homeborn, as such she had to be treated with 9 and unto the stranger that sojourneth special consideration. among you.' This legal maxim, when After the above general remarks con- considered in the light of its setting cerning some characteristics of Mosaic

3 Deut. 13.12. 7 Cf. Ex. 20.10. 4Ex. 12.48. sGen. 24.2. 5 Cf. Ex. 21.2. 9 Ex. 21.10 f. a Cf. Lev. 25.44-46. MAX MAY

legislation, we would like to elaborate favor, coining the phrase: "The thought upon several specific regulations. First, is as the deed." The concept of causal- however, we ought to discuss the term ity. of the relationship between cause "offender." It is axiomatic for us today and effect, was limited in its scope. that only a person who can be held Thus if a person made a fire which was responsibile for his actions is regarded spread by the wind, he was not held as an offender. The people of anti- responsible for the damage. The wind quity, however, considered animals also was regarded as the cause. The same as being gifted with will and reason principle held true in the case of a and hence responsible for illegal acts. person inciting a serpent or a dog to Jewish law accordingly declared that harm some one else. The direct guilt the ox which kills a man should be sen- was attributed to the serpent or to tenced to death. A distinction was, the dog. In both cases we see that the however, drawn between the ox that immediate cause alone was considered was an habitual offender and the one in the ancient theory of guilt. that gored a human being on one or Penal System. two occasions only. The owner of the first type of offender had to pay dam- As to the penal system, we notice that ages in full.10 fines, corporal and capital punishment Incidentally, Jewish law proscribed were the penalties usually inflicted. In cruelty toward animals. The Talmud addition to this, the Rabbis developed threatened the offender with flogging. a particular form of punishment: the The Biblical injunction: "Thou shalt ban. It could be inflicted for different not muzzle the ox when he threadeth offenses and in different gradations. out the corn"" is likewise evidence of A person might be ordered not to leave this humanitarian attitude. his home, prohibited from cutting his In regard to the theory of guilt, we hair and beard or from wearing shoes find the following modern concepts: or sandals. The most stringent ban Intention, Negligence and Accident. If, consisted, however, of excommunica- for instance, a person who is chopping tion and was imposed in cases of heresy wood accidentally drops his axe and and the like. (Spinoza) harms or kills some one, his act is re- Imprisonment was scarcely practiced, garded as an accident. We also find although flight of the manslaughterer the concepts of self-defense and super- to one of the five cities of asylum, to annuation. Thus if an offender fled escape the avenging kin, involved to before sentence was pronounced and some extent restriction of his freedom. did not return before his beard had Though the "Kippah" was used, its grown, he was not punished. The prob- precise meaning is still debatable. Was lem of whether the mere Intention and it a substitute for capital punishment not the deed per se is punishable served which was meted out only reluctantly? as a bone of contention in ancient Jew- Or was it the beginning of the modern ish law. Thus Shammai argued in its concept of indeterminate sentence? The lo Mishna Baba Karma, 1.4. I IDeut 25.4. JEWISH CRIMINAL LAW

Mishna 12 states two instances of such ment, the second counted the lashes; incarceration. One was the case of while the third watched to de- homicide in which no witnesses were termine whether the offender was able procurable to bring about the execution to receive all the lashes. Although the of the offender. The offender was maximum was forty lashes, but thirty- therefore interned and subjected to a nine were administered, in order to diet of bread and water until he had avoid an error in counting. noticeably changed for the better. The The recipient of this penalty was not second concerned an offender who, thereby disgraced. Even a High-priest having twice committed a transgres- could remain in office though flogged. sion, had repeated his crime. He was For the following principle obtained: also imprisoned and given the same "As soon as the offender has received diet which resulted in his death. his punishment he is again as your The center of the penal system was brother."1 3 The desire to rehabilitate corporal punishment. The Jewish the punished offender went so far as criminal code did not tolerate maiming to place under ban any one who re- the offender, tearing out his limbs or proached the former for his deed. This eyes, or pinching with hot tweezers is worthy of notice today when rehab- and similar forms of torture as were ilitation of prisoners is still meeting prevalent in the Middle Ages. with considerable resistance. Flogging became the most common There were four types of capital pun- form of punishment. It was inflicted ishment: stoning, burning, decapitation on various grounds, for violating the and strangling. 4 In the case of stoning, Dietary and Sabbath laws, for incest the convict was taken to the place of with distantly related persons, for the execution, where he was undressed and marriage of a Priest with a divorcee, then flung from the scaffold. If he did etc. Maimonides thus counted more not die from the fall, he was then than 200 commandments, the infraction stoned to death. Burning did not take of which incurred this penalty. The place at the stake although one Talmud instrument used was made of calf-skin scholar claims to have seen in his youth and had two knots tied at its end. The a woman sentenced to death in this offender was chained to a pole and re- fashion.5 Punishment by fire took the ceived the lashes on his back and form of pouring hot molten lead into shoulders. The flogging was adminis- the mouth, so that death was effected tered by a committee of four persons through internal burns. Decapitation who divided their duties as follows: the was done by the sword. In the case of beadle of the Synagogue did the flog- strangling, a scarf or rope was placed ging, while of the three attending around the convict's neck and then judges, the first read Biblical verses tightened. Crucifixion, however, was dealing with repentance and atone- never practiced by the Jewish courts. 6

12 Sanh. 9.5. 16 In the case of Jesus, the Sanhedrin had is Mishna Makkot 3.15. pronounced the death sentence but its approval 14 Mishna Sanh. 7.1. and execution was in the hands of the Romans 25 Mishn Sanh. 7.2. who had at that time power of jurisdiction. MAX MAY

That purity of morals in ancient Criminal statistics of all nations show Israel was maintained on a high level that theft and robbery represent the is shown by the type of crimes which main category of all crimes committed. were punishable by death, 17 such as the Since times immemorial, severe penal- mistreatment of parents, incest with ties were deemed necessary to prevent very near relatives, the seduction of a such offenses. Thus, beginning with betrothed woman, etc. In the case of Hammurabbi until the last century in the latter, the woman was likewise put England, theft was regarded as a capi- to death. There was a distinction tal offense. This, however, is not the drawn between a married man and case with the Mosaic law. In the woman who committed adultery; the ancient Jewish legislation, theft was latter was at once put to death, while placed within the realm of civil rather the former, having legal right to a than criminal law. The stolen object concubine, was only liable to punish- had to be returned; if lost, it had to be ment for seduction. For we find in the replaced. The payment in some cases Bible that Sarah urged Abraham and was as high as five times the value of that Rachel caused Jacob to marry con- the object. Whether or not it was to cubines.'8 The reason for such a prac- be returned when the criminal was tice is self-evident, since it led to in- apprehended formed the topic of fre- crease in population. quent discussions by the Talmudic Deliberate murder as well as the jurists. The opinion prevailed that the transgression of certain religious laws object should be restored publicly and brought the death penalty upon the in the presence of its original owner offender. Idolatry, blasphemy and in order that the element of atonement witchcraft were capital crimes. Inci- might thereby be emphasized. dentally, witchcraft, though considered A rather sharp distinction was drawn as an abomination punishable by death, between theft and robbery. The former, was practiced in Israel. Despite the in- because it took place under conditions junction of Moses: "Thou shalt not of secrecy, was punished much more suffer a sorceress to live"' women severely, although violence played a particularly practiced the art of witch- role in the latter. Here, however, a craft, especially that which induced the theological idea was involved, for spell of love. Simon b. Shetach is said it seemed that the thief committing to have sentenced eighty sorceresses to his crime in secret believed himself not 2 death in the first century B. C. E. 1 to be watched by God and hence should The Talmud also contains the state- be reprimanded all the more. As regards ment: "He who has many wives in- theft and robbery, we find some very creases sorcery." This bears out the interesting statements in the Talmud. prevailing opinion that women often Here are several of them: "The robber attempted to secure the love of men who steals at night and escapes is not through use of magic charms. expected to return the goods because

17 Mishna Sanh. 7.4. '9Ex. 22.17. Is Gen. 16.1 if; ibid. 30.1 ff. 2oSanh 45 b, 46 a. JEWISH CRIMINAL LAW he risked his life to obtain them." (The picture of the legal procedure. Crimi- owner has the right to self-defense and nal courts did not exist before the time may kill the robber in the process of of Moses, for, in the period of the forestalling the crime.) As the Talmud Patriarchs, the head of the family and says: "If a man is so eager to possess eventually the head of the tribe served a certain thing that he even risks his in the capacity of judge. It was Moses life for it, he may keep it.121 Another who first appointed judges for less im- rather strange and unexpected view portant cases, while he retained juris- 2 2 is the following: the thief who repents diction over the more difficult ones. need not return the stolen object. This Gradually there developed three differ- attitude can best be explained by the ent kinds of courts: 1) the local courts theory of criminal intent discussed consisting of three persons, frequently above. According to it, the will to the elders of the community, decided steal, the wicked intention itself, was only matters of small import; 2) the considered sinful and open to punish- small Synhedrion, composed of 23 ment. Hence, if an offender regretted judges, was considered competent his evil intent and repented, he need enough to dispose of most of the capital not return the stolen object. The ori- offenses; 3) the great Synhedrion, con- ginal owner was even thought to be sisting of 71 judges, which was presided unfair if he accepted his goods under over by the High-priest, formed the such circumstances. This reminds us highest court of the land. of St. Francis of Assissi, who sent back The judges were elected but were a stolen thing to the thief, because the not remunerated for their services, act of robbery was to him sufficient though they could be reimbursed for evidence of the dire need in which the losses incurred as a result of fulfilling former found himself. their judicial functions. Requirements These examples reveal the extent of for such an office were very high in- humanitarianism which pervades the deed. Only the most prominent mem- Talmud, but they also show that the bers of the community were consid- Talmud was in many ways the play- ered good enough for such positions. ground of keen and brilliant minds. Maimonides wrote that the judicial Casuistry and argumentation were the office required wisdom, humility, piety, elixir of life to many of the Talmud truthfulness and altruism. Further- scholars, for all vied with each other more, the judge must have a good repu- for intellectual and argumentative su- tation and be well-liked by his fellow- periority. Possibly the aphorism, that men. Certain persons were disquali- the main function of a jurist is to prove fied from acting as judges, 23 such as another jurist wrong, can be applied those who were in any way connected to some Talmudic jurists. with the case, persons who made Legal Procedure. money by games of chance, persons We shall now attempt to present a without vocations (they were supposed 21 Sanh. 72a. The Bible says just the reverse 22 Cf. EX. 18.25 f. in one of the Ten Commandments. 2s Yishna Sanh. 3.3-5. MAX MAY

to have no consideration for people ex- the custom of ancient Rome, where the posed to the hardships of life) 24 and, litigants at times appeared in very ele- in the cases of capital punishment, aged gant attire, accompanied by numerous people or men who had no children of attendants, or in mourners' dress to their own (both were supposed to be influence the judges in their favor. 2 hard-hearted and severe. 5 Mondays and Thursdays were usu- ally set aside as the days on which Attempts to bribe the judges were considered major offenses. As a result court was held, for then the villagers on their of the use of bribery, the sentence passed through the city gates could be declared null and void. The way to market. Thus we may under- story is told about a famous judge who stand the law: "Judges and officers shalt thou make thee in all thy was assisted while on his way to court '26 by one of the litigants. As a result of gates. the favor which he had received, he Ancient Jewish legal procedure refused to serve as a member of the adumbrated a number of modern prin- court in the case in which the parti- ciples: it was public, oral and direct. cular litigant was involved. If we bear in mind the great struggle that was required to achieve such a Substitute judges were often of help procedure, we will be in a position to in important cases. Young students appreciate all the more the exceptional were likewise present in court in order character of Jewish law. Let us se- to learn legal procedure. There was lect for discussion two such maxims: no need of prosecutors appointed by The first reads to the effect that no the government, since the indictment one shall be considered guilty until was usually presented by the victim his guilt has been established. This, or a witness. It is a question whether like all great truths, appears to be a there were any professional advocates. simple and matter-of-fact statement. Jewish philologists have found no Yet it was disregarded for centuries word describing such a function. under the pressure of despotism and The clerks of the court were seated tyranny. Yet how can guilt be estab- at the left and right of the judges, re- lished? History has produced many cording their arguments and votes. The strange and terrifying answers, such as judges did not don official robes. Like- ordeals, the torture chamber and the wise the parties involved were, in cases inquisition. The answer of Mosaic dealing with serious crimes, prohibited legislation, on the other hand, is that from wearing gaudy clothing. They a person's guilt can be proven only were not allowed to appear in extrava- on the basis of a conscientious investi- gant attire nor in shabby dress in order gation of the facts in the case. to impress the court with their wealth What kind of evidence is recognized or to arouse sympathy with their pov- by Jewish law? Confession of guilt is erty. This was in striking contrast to not accepted as sufficient proof, for

24Ph. B. Benny, the Criminal Code of the Jews, 25 Ibid. p. 27. p. 35. 26 Deut. 16.18. JEWISH CRIMINAL LAW fear that such a plea might be the re- words in speaking to the defendant as sult of suggestive questioning or com- follows: "Either you or I have com- pulsion. Similarly the suspicion of the mitted this murder." Because of his jurists was aroused in the case of a testimony the defendant was executed. voluntary confession, because they Later on his innocence was established. could not imagine any one presenting Jewish law went even further in 2 7 himself as an evil-doer and sinner. securing its primary objective of safe- Such a plea was thought to be caused guarding judicial processes against by a mental illness, melancholy or error, especially from the error of con- sheer madness. Jewish law was wary victing an innocent person. It was 2 also of circumstantial evidence. therefore not sufficient to merely pre- There was only one thing that bore sent two eye-witnesses; they had to weight: the testimony of the witnesses. agree in their testimony concerning The law required the appearance of major and minor details. This was a two witnesses, in order thus to check foolproof method, for each witness was the testimony of one against that of examined alone and thus any oppor- the other. They had to be present at tunity for a conspiracy was removed the scene of the crime and at the time thereby. Thus the more questions the when it was committed, for their testi- judges asked, the more were they mony could not be based on hearsay. praised. One judge, for instance, It is told that Simon b. Shetach (second wanted to know the characteristics of century B. C. E.) met a murderer a fig tree under which the crime was hurrying from the scene of the crime allegedly committed. When the an- with a bloody sword in his hand. Simon swers of the witnesses did not corre- said to him: "Either you or I have spond to each other, their testimony was killed this man, but what can I do? entirely invalidated. This, however, Your blood is not given into my hand, applied chiefly to crimes involving capi- for it is written: 'according to the testi- tal punishment. In other cases, the mony of two witnesses, shall the guilty examination was not so severe. person be killed.' May God, who No oath was administered to wit- knows the thoughts of man, punish nesses in a Jewish court, for Talmudic you!"'2 9 Simon b. Shetach could not scholars did not invest the oath with testify in this matter because he was as much importance as we do today. not present when the crime was com- Careful, unbiased examination of the mitted and even then he was the only witnesses was regarded as the best way witness. If we are inclined to look of ascertaining the facts in the case. askance at this strictness, let us recall Time and again Jewish jurists admon- the murder trial which took place in ished the courts: "Investigate the cir- England in 1830, in the course of which cumstances carefully-carefully and the policeman, relying on circumstan- calmly."30 The questioning of witnesses tial evidence, used almost the same was likewise preceded by an impres-

27Sanh. 9 b. 29 Sanh. 37 b. 2sSanh. 37 a. 30 Deut. 13.15. MAX MAY

sive admonition, the formula commonly provided for in Jewish law. This is used being: "Be aware that capital not surprising in the least, for even crimes are not like civil cases. In the today it is questionable whether the latter, a man pays money and he is for- method of appeal to the higher courts given. In the former, on the other is advantageous to the administration hand, the blood of the innocent and of justice. Certainly, the feeling of that of his offspring is upon the head responsibility on the part of the judge of the false witness forever. In the is somewhat impaired if he knows that beginning, only one man was created; his decision is not final. Nor is the he who kills one man is regarded as higher court always the wiser one. Be though he had destroyed the world.31 that as it may, the Jewish law deemed After discussion, the youngest judge it better to have one responsible court voted first in order not to be subjected and attached to it as many guarantees to the influence of older ones; A ma- as possible for finding out the truth jority of votes sufficed to convict the and rendering a just verdict. defendant. But one vote above a ma- Though the sentence was executed at jority was required to pronounce the once, precaution was taken to prevent death sentence. In case all the judges a judicial error up to the last moment. rendered such a verdict, the defendant The court therefore remained in session had to be acquitted, because then the after a death sentence was pronounced. former were considered to be biased. The convict was accompanied by two Each vote had to be supported by court members and a herald on the strong argument. It was not enough way to the place of execution. The for a judge to refer merely to the argu- herald proclaimed the verdict and in- ment presented by another colleague. vited those who had information to A judgment without sufficient grounds speak up in behalf of the defendant. was never accepted since the votes If new evidence was thus introduced or were not merely counted but also if the convict himself wished to speak measured as to the weight adduced to again in his defense, he was brought the various arguments. back to the court and a new trial was The court was not permitted to ren- begun. This could take place only two der a verdict until the day following times. In order to prevent the abuse of the close of the trial. The purpose of this privilege, the convict was granted this was to make it possible for a judge a third re-trial only if the two jurists to change his mind, since he could de- accompanying him agreed that his clare the accused innocent after some request was sufficiently substantiated further reflection. But in no case what- by new evidence. Immediately before soever could a judge who had voted the execution, the convict was given for acquittal reverse his opinion. a goblet of intoxicating wine in order No appeal against a sentence was to lessen the pain of death.3 2 Interest-

31 Sanh. 37 a. Tyburn Hill (today Hyde Park) from 1487-1783; 32 An English custom in the Middle-Ages may on the way the procession passed the Crown Inn be derived from this Jewish law. According to in St. Giles where the condemned received a W. L. Burdick's "Bench and Bar of other lands" bowl of ale. public executions in London were performed on JEWISH CRIMINAL LAW

ingly enough, the judges had to fast on Jewish law has been furthered through the day of the execution. the world-wide perusal of the Bible As this study has shown, Jewish law and through the commercial contacts abounds in many instances of mild made by Jews with other nations. treatment of criminals. Some may Of particular interest was the clash therefore arrive at the conclusion that between Jewish and Roman law. Jew- the numerous precautionary measures ish law strongly resisted Roman law. taken against a too-severe sentence We may call attention to an interesting might have provided ample opportunity controversy in this respect. The well for offenders to find loopholes of escape known German philosopher Spengler in the law. However, it should not be was of the opinion that the Oriental forgotten that Jewish law was sacred character of Roman law could not be law and that it was consequently deter- denied. He holds that the classical mined by religious concepts. Thus the Roman jurists such as Papinian and earthly court was regarded as only a Ulpian were Aramaeans and came from substitute for the heavenly one, and the same strata of the population as did the belief was prevalent that the sinner the Tannaim, the authors of the could not escape Divine punishment. Mishna. Another German scholar, on "A sinner not punished by man will be the other hand, Professor Schulze, sentenced by God," through the pen- maintained that Spengler stated the alty of extinction so frequently men- truth upside down: the reverse is the tioned in the Bible.3 case, for Jewish law was influenced by that of the Romans. Be that as it may, Conclusion. it is beyond the shadow of doubt that In conclusion, we may ask what in- the basic principles of Jewish jurispru- fluence did a criminal code such as we dence exerted a decisive influence on have outlined exert on the contempor- all the civilized nations of the world. ary world and on posterity? The I do not know how to conclude this science of comparative law has not at- study more effectively than with the tempted to deal with this question until words of the famous jurist and scholar, the nineteenth century. For a long the late Professor von Holtzendorff: time Jewish law has been regarded as "The most universal and most popular the step-child of scholarly investigation. moral law of humanity is found in the Today we know that provisions of the Bible. The Ten Commandments rep- Mosaic code were definitely incorpor- resent the constitution of the civilized ated in medieval French and German world. The supplementary criminal law (through the Canon law) and were law in Scriptures has dominated the also incorporated in early colonial penal legislation of the secular and American law especially in the colony ecclesiastical powers." of Massachusetts. The influence of 33 Cf. Lev. 17.4.