Studies in Bible and Feminist Criticism

By Tikva Frymer-Kensky | Go to book overview

16 / Law and Philosophy: The Case
of Sex in the Bible*

1989

For the modern scholar, ancient law offers many challenges and types of inquiry. First and foremost, of course, it demands to be studied for itself, as a legal system of a society: how are problems adjudicated, what is to be done in the case of theft, what is the nature of property rights, and so forth? Second, it is a record of the socioeconomic system of that society: what are the social classes, who holds the property and how, what are the economic concerns addressed by the laws? Third, it presents questions of intellectual history: where did a given law come from, what is its relationship to other legal systems, what if any is the inner development within that society itself? And above all, it is an intellectual mirror of the philosophical principles of a given society. Through a culture's laws, we can see its values and some of its basic ideas about the world. Sometimes, our only access into the mind-set of a culture is through its laws. This is the case with sex in the Bible.

Sex is inherently problematic. At once cultural and physical, it defies categorization. In pagan religions there is a mystique, expressed through the sacred marriage ritual, in which sex has an important role in the bringing of fertility. The sacred marriage also gave rise to songs and poems that provided for the expression and celebration of sexual desire in a religious setting. Furthermore, the goddess of sexual attraction imparts a divine aspect to erotic impulse and a vocabulary to celebrate it and to mediate and diffuse the anxieties it may engender.

* For previous studies see Cosby, Dubarle, Larue, and Perry. This essay is
based on my forthcoming book, In the Wake of the Goddesses (The Free Press:
Macmillan, 1989).

-239-

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