Law and Power: Matthew, Paul, and the Anthropology of Law by David A. Kaden A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department for the Study of Religion University of Toronto © Copyright by David A. Kaden 2014 Law and Power: Matthew, Paul, and the Anthropology of Law David A. Kaden Doctor of Philosophy Department for the Study of Religion University of Toronto 2014 Abstract This dissertation examines the relationship between legal discourse and the exercise of power in the Gospel of Matthew and the letters of Paul. Drawing from Michel Foucault’s understanding of power, I argue that relations of power are instrumental in forming law as an object of discourse in these two sets of texts. This approach differs from the current approaches to studying law in Matthew and Paul in that it raises the question of why law emerges as an object of discourse. Previous studies have, conversely, tended to focus on what the two writers’ views of law are and where these views situate them vis-à-vis their contemporaries in first century C.E. Judaism. The main problem with this approach is that the evidence in Matthew and Paul is inconclusive regarding whether the two writers are inside or outside of Judaism; and scholarship in both fields has reached a stalemate over this issue. By raising a more fundamental question—why law?—my dissertation invites an analysis of law that moves beyond the Jewish/Christian cultural context, and probes the issue of why law emerges as an object in a variety of cultural settings. I examine the ancestral customs of people groups in the Roman legal world, and also indigenous rules and customs in Indonesia, Mexico, the Philippines, and Hawaii, as outlined in ethnographic studies from the field of the anthropology of law. I identify two levels of power relations in each context: macro, inter-group relations; and micro, intra-group ii relations. The interaction between the two generates a proliferation of discourse around the object law—or, in the indigenous contexts, a proliferation of law-like practices. An analogous macro-micro dynamic can be detected in Matthew and Paul, and this accounts for the proliferation of legal discourse in both sets of texts. iii Acknowledgments One thing that everyone who has worked on a major project knows, but which someone can really only learn in the doing, is that bringing a project of this scale to completion requires— to modify a seafaring expression—“many hands on deck.” A project such as this is the product of a team effort, which means of course that there were more people involved in helping me hone my arguments, tighten my logic, correct my errors, and improve my writing than I can possibly give credit to in this short space. So let me begin by thanking all those who made suggestions for improving this project over the past few years. In terms of thanking specific people, pride of place must go to my supervisor John Kloppenborg. John is a brilliant scholar, who is exceptionally good at envisioning the forest of a project before dealing with the specific trees. It was John who said to me during one of our meetings, after reading several of my clumsily written chapters, “I think the problem you are really getting at in this project is, Why law?” I was stunned. And it took me several weeks of subsequent work to realize that he was right, and that he had managed to summarize the entire project in just two words. That conversation occurred in August of 2013. I spent the next six months rewriting four chapters with that specific question in mind, and working to fill in the details—the trees—that this two word question had now framed as a forest. But, as I say, John is not merely good at envisioning a project in its broad strokes; he also examines with scientific precision each and every brush stroke along the way. John sees all, makes suggestions for improvement, and in the process he transformed this wet-behind-the-ears graduate student into a scholar. I don’t think a greater complement can be made about one’s supervisor. I wish to also thank the other members of my dissertation committee for their suggestions that helped to bring this project to completion. John Marshall and Terry Donaldson for their expert insights that sharpened my understanding of Paul. Joe Bryant for originally suggesting iv several years ago that looking into the field of legal anthropology might be useful to me. And to my external examiner, Laura Nasrallah, whose careful, critical eye helped to focus my thinking in various ways. Let me also express my gratitude to the Jackman Humanities Institute (JHI) and to its fellows, in particular Oisín Keohane, for helping me to consider how this project might appeal to a wider academic audience than simply Christian Origins people. My Chancellor Jackman Graduate Fellowship in the Humanities at the JHI allowed me to complete this project in much less time than I otherwise would have. Special thanks go to Pamela Klassen and Ruth Marshall, who helped to shape the theoretical vision of this project. I am indebted to Ruth for correcting my structuralist fallacies, and for helping me to think more intentionally as a Foucauldian. Ruth and I have become friends after our many conversations, and that is much more rewarding to me in the long run than whether we’ve gotten Foucault right. Among my colleagues in the Department for the Study of Religion, I wish to especially thank Rick Last, Sarah Rollins, Ian Brown, Brigidda Bell, Callie Callon, Felipe Ribeiro, Ronald Charles, Tim Langille, Rebekka King, John Parrish, and all the members of the CRMA who helped me improve this project. To Nick Schonhoffer, R.I.P. I regret that you weren’t around long enough to see how our many conversations about J. Z. Smith planted the seeds that became this project. I will miss you. To Rick and Ian, in particular, thank you for bantering with me about Paul and the law over beers. We didn’t quite drain The Duke of its kegs, but we made a valiant attempt, and this project certainly benefited from our efforts. I want to thank my parents for their unfailing support. Completing a Ph.D. saps you emotionally, physically, and intellectually. Their words of encouragement evoked my college baseball years when I could hear them yelling from the stands as I was pitching in the latter innings of a game with a sore arm and men on base, struggling to hang on to our team’s lead. I v don’t remember how I fared back then on the mound—bad memories tend to fade over time— but our many chats on the phone helped me to finish my doctorate. To my brothers, each of you has been remarkably successful in your various careers; your successes have driven me to push myself harder to keep up. Lastly, I want to thank my wife and kids. Children, by virtue of being children, pull your head out of the Ph.D. clouds and remind you of what actually matters in life: laughing, playing board games, watching movies, chilling on the couch, reading Harry Potter together, going out to eat, etc. etc. etc. And kids don’t care about daddy the scholar; they love daddy the daddy, and that is refreshing. Finally, to my longsuffering wife. You are the rock of our family, and the anchor of my life. I would never have accomplished what I have thus far accomplished in this short life were it not for you. Words cannot possibly do justice. I love you and I thank you. The project is as much yours as mine. vi Table of Contents Abbreviations viii Chapter One: Foucault, Smith, and Comparison 1.1 Overview and Problem 1 1.2 Method 11 1.3 Theory 23 1.4 Conclusion 32 Chapter Two: Ethnographic Materials, Power Relations, and the Anthropology of Law 2.1 Anthropology of Law 33 2.2 Dou Donggo (Indonesia) 38 2.3 Zapotec Peoples (Mexico) 51 2.4 Ilongot Peoples (the Philippines) 58 2.5 Colonizing Hawaii 66 2.6 Conclusion 77 Chapter Three: Literature Review of Matthean and Pauline Scholarship on Law 3.1 Overview 80 3.2 Matthew 85 3.3 Paul 107 Chapter Four: Power and Judean Ancestral Customs in the Roman World 4.1 Introduction and Background 131 4.2 Philo of Alexandria and Judean Ancestral Customs 134 4.3 Framing Judean Rights in the Roman World 143 4.4 Flavius Josephus and Judean Ancestral Customs 149 4.5 Conclusion 173 4.6 Summary 174 Chapter Five: Matthew, Paul, and Power 5.1 Introduction 177 5.2 Imperial Context 180 5.3 Law, Power, and Legal Fiction 205 5.4 Conclusion 233 Conclusion 235 Bibliography 239 vii Abbreviations AA American Anthropologist ABD Anchor Bible Dictionary. Edited by D. N. Freedman. 6 vols. New York, 1992 AcT Acta theologica Aen. Aeneid A.J. Antiquitates judaicae AJCL American Journal of Comparative Law AnBib Analecta biblica Ann. Annales ANRW Aufstieg und Niedergang der römischen Welt: Geschichte und Kultur Roms im Spiegel der neueren Forschung. Edited by H. Temporini and W. Haase. Berlin, 1972– ANTC Abingdon New Testament Commentaries Aphr. Aphrodisias and Rome ARA Annual Review of Anthropology AThANT Abhandlungen zur Theologie des Alten und Neuen Testaments AUSTR American University Studies in Theology and Religion BA Biblical Archaeologist BAGD Bauer, W., W. F. Arndt, F. W. Gingrich, and F. W. Danker. Greek-English Lexicon of the New Testament and Other Early Christian Literature.