Friday, August 7, 2009

Day 6: Exodus 16-28

I'm going to try to map some of the early civil laws that Moses gave the Israelites to our modern day law.

21:12: "Anyone who strikes a man and kills him shall surely be put to death."
This would likely be 2nd degree murder.

21:14: "if a man schemes and kills another man deliberately, take him away from my altar and put him to death."
This would be capital murder.

21: 16 “He who kidnaps a man and sells him, or if he is found in his hand, shall surely be put to death."
False imprisonment

21:28
“If an ox gores a man or a woman to death, then the ox shall surely be stoned, and its flesh shall not be eaten; but the owner of the ox shall be acquitted."
Strict liability, duty to control animals.

21:33
“And if a man opens a pit, or if a man digs a pit and does not cover it, and an ox or a donkey falls in it, the owner of the pit shall make it good; he shall give money to their owner, but the dead animal shall be his."
For occupiers of land, must protect trespassers and their animals from all known man made traps; duty to warn.

22:1
1 “If a man steals an ox or a sheep, and slaughters it or sells it, he shall restore five oxen for an ox and four sheep for a sheep."
Conversion of property

22:2-3
If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed. If the sun has risen on him, there shall be guilt for his bloodshed. He should make full restitution; if he has nothing, then he shall be sold for his theft."
Defense of property, self defense. There is also a distinction between larceny and burglary, with the crime made worse if the breaking and entering occurs at night.

22:10-12
"If a man delivers to his neighbor a donkey, an ox, a sheep, or any animal to keep, and it dies, is hurt, or driven away, no one seeing it, then an oath of the LORD shall be between them both, that he has not put his hand into his neighbor’s goods; and the owner of it shall accept that, and he shall not make it good. But if, in fact, it is stolen from him, he shall make restitution to the owner of it."
Contract law, determines who is liable and when purchased goods is transferred from buyer to seller in the event of damage to the goods.

22:19
“Whoever lies with an animal shall surely be put to death."
Buggery

23:1
“You shall not circulate a false report."
Defamation

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