Thursday, August 6, 2020

More on John Selden and Noahide Law - Noahide law the foundation of human society and international law


I had have written about famous scholar of British and Jewish Law, John Selden, on this blog before and how Jews believe that he mainstreamed the Jewish ideas of the Noahide Laws and how this facilitated the return of the Jews to England after their expulsion (here). Well I have found more information on John Selden and the Noahide Laws. He believed they were the "foundation of all human society", that natural law and Greco-Roman law were subsumed within the Noahide Laws, and that the Noahide Laws created a sort of international law where nations were not to invade one another because they were all the children of Noah. John Selden was also the inspiration for Newton's fascination with the Noahide Laws (here)

JOHN SELDEN AND THE BIBLICAL ORIGINS OF THE MODERN INTERNATIONAL POLITICAL SYSTEM 
BY Abraham Berkowitz 
Jewish Political Studies Review 6:1-2 (Spring 1994) 

By locating the principle of boundaries in Noah's legacy, Selden has assigned this principle to the same source as the seven Noahide laws which he considers to be the foundation of all human society... 

...The pivotal nature of this link is highlighted by Selden in his theoretical work on international law and the modern international system. In The Law of Nature and Nations According to the Hebrews, Selden argues that natural law as well as Roman and Greek law were subsumed within the seven Noahide laws propounded in the Bible and expounded in the Talmud...

...As we have already noted, in his view, civilized relations among nations require adherence to the law of nations which he derives from these seven prohibitions and commandments.30 Indeed, according to Selden, Noah even perceived the necessity to recognize boundaries in order to maintain peaceful relations. Thus, says Selden, "he admonished his children, that no man should invade the bounds of his brother, nor should they wrong one another; because it would of necessity occasion discord and deadly wars among them."31 In other word, in Selden's view, Noah appreciated the fact that recognition of and respect for boundaries would mediate among the various interests of his three sons and their progeny...

...Logically, Selden should have begun with these proof-texts since the Bible begins with the story of Adam. However, the fact that Selden relegated Adam's significance in this respect to a precedent for his interpretation of the Noahide legacy of boundaries as an instrumentality of international peace proves our contention: Selden assigned to the principle of boundaries a status tantamount to the seven Noahide Laws...

...With his theoretical framework in place, Selden turns to deriving from the Hebrew Bible practical evidence supporting sovereignty over the sea. Now, he draws heavily and almost exclusively from the biblical accounts of the borders of Israel and its neighbors, as explicated in the Talmud and other Rabbinic writings.34 Whenever possible, of course, Selden relates these proofs to the Noahide paradigm, or to other non-Jewish figures or nations identified in the Bible or the Talmud as having parallel rights over specific and bounded territory, either land or sea...


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