Chapter

Theft And Burglary

Jonathan Burnside

in God, Justice, and Society

Published in print November 2010 | ISBN: 9780199759217
Published online January 2011 | e-ISBN: 9780199827084 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199759217.003.0009
Theft And Burglary

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This chapter argues that the biblical laws of theft and burglary are excellent illustrations of the need to read biblical law narratively and not semantically. The biblical laws of theft take an objective approach to the question of “who is a thief” by applying objective tests of hot possession and lukewarm possession. These tests are shown to apply both in biblical law and biblical narratives (e.g., the Jacob story and the Joseph cycle). There is a risk that objective tests could lead to individual acts of injustice (as in the Joseph narratives), although the possibility of admitting evidence that would acquit the innocent should not be discounted (cf. the Laws of Hammurabi). Elsewhere in the Bible, the biblical laws of theft are used to expose King David's offences against Uriah the Hittite (which involve murder and adultery). Their use in this context emphasizes the creativity and didacticism of biblical law.

Keywords: adultery; burglary; hot possession; Jacob story; Joseph cycle; King David; Laws of Hammurabi; theft; Uriah the Hittite

Chapter.  15826 words. 

Subjects: Public International Law

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