As author of the Staff Report that started this, I wonder if this shouldn’t actually go in the CoSR forum. However, it’s been moved here, so I’m not going to overrule Marley And, Becky: FYI, we do not allow personal insults in other forums, only in this one called the Pit.
Anyhow, the point is not whether the Old Testament is humane and just by today’s standards – of course it’s not. We’re 3200 years later. The Torah contains comments and rules that are abhorrent by today’s standards. The point in my Staff Report is: compare the biblical injunctions, not to today’s values, but to those of the other societies of 3,000 years ago.
As someone has already noted, “eye for an eye” was a huge humanist advancement over “you insult me, I kill your entire family.”
The concept of the rapist marrying the victim? First, context – my recollection is that applies to soldiers who rape women during war/battle and aftermath. Such rapes were not uniqute to the ancient Hebrews – every ancient culture felt that women of the enemy were to be raped. What’s different about the bible is recognizing that men in the midst of war lust are going to commit atrocities, and trying to control ratively much more humane to try to put some restrictions on the rapist, who must take care of his victim.
The bible is full of efforts directed at trying to impose a more humane law than what was common elsewhere.
The rape in the city bit: yeah, the assumption is that a woman being raped when there are people around, who doesn’t object or cry out, it consenusal. The rules are different if the rape occurs in the countryside where there’s presumably no one around to help. And note that this assumes the woman is married, so the crime is adultery. Polygamy was permitted, so if a man raped an unmarried female, he was obliged to marry her (that is, take care of her, provide for her wellbeing, etc.) Again, by today’s standards, this is somewhat barbaric. But compare it to Egyptian or Phoenician or Greek laws, and it’s remarkably advanced. The death penalty requires two eye-witnesses, not just the word of the landlord.
I could go on at length: the requirements of kindness to animals are pretty remarkable (from not muzzling an ox when it’s grinding the grain, to not taking baby birds from the nest if the mother is nearby.) Consider that only 500 years ago in England, it was considered “sporting” to torture helpless animals.
In short, while lots of the bible is barbaric, I’m not so sure that we’ve come all that far, taht we can feel all THAT superior. The idea that the hand of a thief should be cut off (absolutely against the biblical rules) still happens today in some countries. We don’t require that a rapist provide financial support for his victim, we throw him in prison; is that really so much better? The historical record is that modern-day America imposes far more death penalties than did ancient (pre-Roman) Israel. We’ve come a long way in some things, but we’ve got a long way to go before we can start feeling superior to the biblical writers’ sense of justice and humanity.