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The Rhetoric of Precedent and Fulfillment in the Sermon on the Mount and the Common Law.

Authors :
Neoh, Joshua
Source :
Law, Culture & the Humanities; Jun2016, Vol. 12 Issue 2, p419-447, 29p
Publication Year :
2016

Abstract

The intertwined rhetoric of precedent and fulfillment underlies the biblical rhetoric of the Sermon on the Mount and the legal rhetoric of the common law. This article wants to draw a parallelism between how Jesus approaches the corpus of Mosaic law in the Sermon on the Mount and how judges approach the corpus of the common law in case after case. Both Jesus and common law judges are fulfillers, not followers, of precedents. The follower of precedent repeats the norms of the past in the present, while the fulfiller of precedent redeems the norms of the past in the present. [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
COMMON law
RHETORIC
JEWISH law

Details

Language :
English
ISSN :
17438721
Volume :
12
Issue :
2
Database :
Complementary Index
Journal :
Law, Culture & the Humanities
Publication Type :
Academic Journal
Accession number :
115434891
Full Text :
https://doi.org/10.1177/1743872113494699