[QUOTE=Diogenes the Cynic]
He didn’t say, “you have seen it practiced,” he said, “you have heard it said.” He was referring to rhetorical views on justice, not literal legal practices.
[/QUOTE]
I didn’t say they were literal legal practices. I said that it must have been “something that was taught/practiced in the place where he was teaching”. So either taught or practiced (and by practiced, I did not necessarily mean it as “legal practice”, but general cultural practice)
In any case the “you have heard it said” construct was not an allusion to some “rhetorical views on justice”. From the Sermon on the Mount, we see that he uses the “you have heard it said” construct quite a bit, and it is not in a rhetorical sense. He seems to be referring to stuff that was part of the cultural/religious norm of his time. See below
[QUOTE=Jesus]
"Ye have heard that it was said by them of old time, 'Thou shalt not kill; and whosoever shall kill shall be in danger of the judgement.’ But I say unto you that whosoever is angry with his brother without a cause shall be in danger of the judgement;
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**Ye have heard that it was said by them of old time, ‘Thou shalt not commit adultery.’ **But I say unto you that whosoever looketh on a women to lust after her hath committed adultery with her already in his heart
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"It hath been said, 'Whosoever shall put away his wife, let him give her a writing of divorcement.’ But I say unto you that whosoever shall put away his wife, saying for the cause of fornication, causeth her to commit adultery; and whosoever shall marry her that is divorced cometh of evil
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Again, ye have heard that it hath been said by them of old time, 'Thou shalt not forswear thyself, but shalt perform unto the Lord thine oaths.’ But I say unto you, Swear not at all
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Ye have heard that it hath been said, ‘An eye for an eye, and a tooth for a tooth.’ "But I say unto you that ye resist not evil; but whosoever shall smite thee on thy right cheek, turn to him the other also.
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"Ye have heard that it hath been said, ‘Thou shalt love thy neighbor, and hate thine enemy.’ "But I say unto you, 'Love your enemies, bless them that curse you, do good to them that hate you, and them which despitefully use you, persecute you, that ye may be the children of your Father which is in heaven;
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