The Law of the Covenant: An Exposition of Exodus 21-23

James B. Jordan, The Law of the Covenant: An Exposition of Exodus 21-23 (1984).

From the inside flap: How relevant are the laws of the Old Testament for today? God said that Israel was to be a light to the nations (Hebrews 42:6). That someday all nations would come to Jerusalem to receive the Law (Micah 4:2). That in His Law, "every transgression and disobedience receives a just recompense" (Hebrews 2:2). That all peoples would marvel at the wisdom and justice of Israel's laws (Deuteronomy 4:6-8). Yet, with the change from the Old to the New Covenant, there are clearly changes in the Law, "for when the priesthood changes, there must also take place a change of law" (Hebrews 7:12). How, then, are we to approach the many laws found in the Old Testament? Some of them are obviously superior to our modern law today (such as restitution instead of imprisonment for theft.) Some of them have obviously been superseded in Christ (such as the sacrificial system). Some of them seem overly harsh (such as the death penalty for "cursing" parents). Some of them seem weird and strange (such as the prohibition on boiling a kid in its mother's milk). In this book, Mr. Jordan provides four introductory chapters of the nature of Biblical law, on the redemptive historical context in which the law was first written, and on the overall changes in the law system which the New Covenant brings. Then, moving to the concrete, Mr. Jordan provides the first truly in-depth commentary on the case laws of Exodus 21-23, the Book of the Covenant. The laws are taken up one at a time. In each case, the question is asked, "What did this law mean to the people of the Old Testament age?" Then the question is asked, "What relevance might this law have for the Christian faith today?" Finally, the question is asked, "How does this law shed light on the work of Jesus Christ, of whom all Scripture speaks? That is, how can we preach Christ from this law?" In his preface, Mr. Jordan states that he has not tried to say the last word on these chapters of Scripture, but that he has tried to say a first word, and to challenge the Church to look further into these verses to find the wisdom for today. No preacher and no student of the Word can afford to be without this study.

Note: This book, published by the Institute for Christian Economics, is a worth-while introduction to a theonomist view towards Exodus 21-23. One should be sure to read the Introduction by John M. Frame. Pages 93 – 130 address Criminal Law, and pages 131 – 144 address Property Law.
The book is available for download here, or here (PDF).

Philosophical Foundations of Tort Law

Philosophical Foundations of Tort Law (David G. Owen ed., 1995).

From the publisher: This collection of original essays on the theory of tort law brings together a number of the world's leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development. The contributions here range from law and economics to the latest in rights-based theories. The ever-engaging topic of causation is the subject of one cluster of essays, while other clusters deal with remedies, with the tort/contract divide, and with strict and other special forms of liability.

Personal Responsibility and the Law of Torts

Douglas H. Cook, Personal Responsibility and the Law of Torts, 45 Am. U. L. Rev. 1245 (1996).

Tort Law in the Aristotelian Tradition

James Gordley, Tort Law in the Aristotelian Tradition, in Philosophical Foundations of Tort Law, 132 (David G. Owen ed., 1995).

Rethinking Comparative Law

Saul Levmore, Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law, 61 Tul. L. Rev. 235 (1986).

Contains a brief but illuminating discussion of some of the Exodus case laws in light of other ancient legal systems.

Negligence or Strict Liability?

Douglas H. Cook, Negligence or Strict Liability? A Study in Biblical Tort Law, 13 Whittier L. Rev. 1 (1992).

A brief and helpful introduction to the central question in Tort law, based upon a careful analysis of the Exodus case laws. A good introduction on and example of how to use the Scripture to answer contemporary questions.

God, Man, and Law: The Biblical Principles

Herbert W. Titus, God, Man, and Law: The Biblical Principles (Institute in Basic Life Principles 1994).

This important book, part casebook (it contains numerous court opinions), part history lesson, and part legal and theological treatise, addresses every important legal theme. It is divided into eight sections (God, Man, Legal Education, and Law; Law: The Biblical Foundations; Jurisdiction; Equality; Fault; Vow; Dominion; Restitution), and each section is followed by a set of study questions with scripture references, designed to lead the reader to the scriptures for answers to the important issues raised in the chapter. The text and interspersed readings do not provide pat answers, but point the reader to issues for deeper reflection and study.

With regard to the section on legal education, Dean Titus’s work addresses the history of American legal education and the impact of social Darwinism and scientific humanism on the law school (pp. 1-29).

Because of this structure and the book’s length (309 pages plus notes, index, and glossary), this book would be excellent for group discussion or as a source book for a bible study. Dean Titus writes in his introduction that his book is “designed to challenge the reader to develop a Biblical understanding of law, with particular focus on law in the United States of America.”

Note: Also available online here.