BY DAVID WERNER AMRAM

"_Her paths are paths of pleasantness, and all her ways are peace. She

is a tree of life to those that lay fast hold on her, and happy is

every one that retaineth her."--Prov. 3:17, 18._

[Illustration: _DAVID WERNER AMRAM (born in Philadelphia, 1866),

educated at the University of Pennsylvania, has been Lecturer and

since 1912 Professor of Law in the University of Pennsylvania Law

School. Professor Amram has published books and articles not only on

common law topics but on interesting subjects in Jewish legal lore and

belles-lettres, among his books being: "The Jewish Law of Divorce,"

"Leading Cases in the Bible," and "The Makers of Hebrew Books in

Italy."_]

One of the methods by which the Jewish people managed to survive

endless misery and persecution during eighteen centuries of dispersion

and protect themselves from the continuous bombardment of their social

and moral citadels was by taking refuge in the study of the law. The

study and observance of the law, both civil and religious, saved the

Jews from degeneration and vulgarization, and preserved for them the

humanizing memories of the thoughts and deeds of their forebears.

Through their common interest in the law and its study they kept in

touch with one another throughout the lands of their dispersion, they

kept alive their feeling of brotherhood and the memory of their

ancient independence, and translated this memory into a hope for the

re-establishment of the State, a hope which has never died.

"_The People of the Law_"

The term "the people of the law" has often been applied to the Jews in

the opprobrious sense that they are a people who deal according to

hard and strict rules, untouched by the qualities of love and mercy.

Properly understood, however, the term "the people of the law" is a

title of honor, one of which we may well be proud. As used in our

literature and by our people, "law" signifies something more than

civil and criminal jurisprudence. It is our word "Torah," meaning

doctrine, teaching, including not only what is generally known as law

but also what is known as ethics. The people of the law is the people

that studies the great thoughts of its great men of all times, and

adopts them as rules of life which it becomes a duty and a pleasure to

obey. The people of the law is the people that in the midst of a world

of chaos in which nation fought nation with the weapons of death, sat

in communion with a past world from which came such messages as this:

"Attend to me, O my people: and give ear unto me, O my nation: for a

law shall go forth from me, and I will make my judgment to rest for a

light to the peoples. . . . Hearken unto me, ye that know righteousness,

the people in whose heart is my law; fear ye not the reproach of men,

neither be ye dismayed at their revilings. For the moth shall eat them

up like a garment, and the worm shall eat them like wool: but my

righteousness shall be forever and my salvation unto all generations."

Righteousness was the aspect of Deity that appealed to the second

Isaiah, and it was he that spoke words of comfort to our people in all

the days of their endless tribulations. The certain faith in the

ultimate success of right sustained them throughout the centuries and

constitutes their strength to-day. This is the law that was handed

down to them from of old, the law of right, which though often broken,

often forgotten, was always found again and cherished as the one thing

worth while in a world torn by the brutal instincts in man--instincts

which the law had chained and sought to make harmless.

So we may well cling to our title of the people of the law,

remembering that it does not mean merely Nomos, as the Hellenized Jews

mistranslated Torah, but legal and ethical doctrine and knowledge in

its broadest sense, and that it is the people of the law that have

always shown their love of knowledge and found it "a tree of life to

those that lay fast hold on it." Some ancient Jewish mystic said that

the sword and the book came out of heaven together and Israel had to

choose. Israel did choose and thereafter dreamed of days when swords

would be beaten into ploughshares.

_How the Heritage of the Law Was Preserved_

The reading of the law has since time immemorial been an established

part of the synagogue service, thus educating the people to know their

law, the very phrases of which by constant reference and repetition

became part of their daily vocabulary. The origin of this custom of

reading the law in the synagogue may probably be found in the Biblical

references to the great convocations when King and scribe read the law

to the assembled people.

The effect of the dispersion of the Jews was to give a peculiar

sacredness to the law as the sole heritage of their earlier and

happier days. In most of the lands of their dispersion, the Jews dwelt

a race apart, separated from the rest of the community by mutual

prejudices and antagonisms. The soil on which they dwelt was so far as

ultimate overlordship was concerned the land of the stranger, but

nevertheless in a very definite and special sense it was the Jews'

own land. For it was a land in which the law of the stranger was not

the law. The law of the land of their dispersion was not the law of

the owner of the soil but the law of the Jews. In this sense the

Ghettos of Italy and the Gassen of Germany were not so much Italian

and German soil as they were Jewish. As by the modern fiction of

extraterritoriality the home of an Ambassador is considered part of

his own national territory, so these exclusively Jewish settlements

were colonies of Judæa planted on foreign soil. They were separated

from the rest of the land by visible or invisible walls, and within

these walls, hardly touched by the influences that were at work

shaping the life around them, the ancient law of the Jews was

preserved and handed down from generation to generation. Hence during

the Middle Ages the student of the law became the most important

member of the community, and all the energy of the community that was

not required to outwit the constant menace of brutal force and

religious persecution was devoted to the cultivation of the law and of

the literature that it gave rise to.

It should be noted, however, that since the beginning of the Talmudic

period, the civil law developed in certain directions only, because

after all the Jewish people had no land of their own in the usual

sense and no central authority and were constantly moving from place

to place, always subject to persecution. Some branches of their law

were entirely neglected and others abnormally developed.

_The Schools of the Law_

In the Talmudic period, the judges, members of the Synhedrion, and

professors of the law schools, received a long professional training.

The course of study lasted seven years, at the end of which, having

passed their examination successfully, the graduates were eligible to

assignment as judges in the lower courts, from which they were

promoted to act as associate judges in the great Synhedrion and

eventually might hope to attain the dignity of full synhedrial

membership. These judicial dignitaries were obliged to be well versed

in the languages, law and customs of the contemporary peoples,

especially in the laws of the Greeks and Romans. Great academies of

the law flourished in Palestine and still greater ones in Babylonia,

the latter eventually supplanting the former. These academies called

for the enthusiastic encomium of one Talmudist who said, "God created

these academies in order that the promise might be fulfilled that the

word of God should not depart from Israel's mouth."

The law students met twice a year in assembly for examination. Their

studies were pursued at home, except in the months of Elul and Adar

when they went up to the Assembly. Here they were arranged in classes

and under the direction of their masters heard lectures and discussed

the subject matter presented to them topically. At these Assemblies

actual questions of law were submitted from Jewish communities all

over the Jewish world, and the solutions to these problems were

prepared and forwarded by the great masters. In addition to these

professional schools there were everywhere general schools or, as we

might say, high schools connected with the synagogues. It is a tribute

to the importance that was ascribed to the high schools in later

generations that their origin was projected back to the days of the

Flood when Shem and Eber established a law school in which

subsequently Isaac, Jacob, and Rebecca heard lectures. It will be

noted that according to this bit of folklore Rebecca was the first

woman law student. The same fancy which invented this most ancient of

the schools, also invented the law school which Judah built for Jacob

in Egypt, and the school established by Moses in which he and Aaron

were the professors and Joshua was the janitor.

_The Study of the Law "the Chief End of Man"_

The fancy of the people associated nearly all of its great men with

the study of the law. The entire tribe of Issachar was said to have

devoted itself to the study of the law, the merchant tribe of Zebulon

furnishing the means of support. God himself, according to another

mystic, was a professor in the celestial law school in which He taught

the law to the souls of all the righteous, in that heaven which they

conceived of as a place where the law might be perpetually studied;

and even while the Temple was still standing and sacrifices were being

offered, the Jewish teachers used to say that God does not require

burnt offerings but the study of His law.

From all of these traditions it will be seen that to the ancients the

study of the law was the chief end of man. The Jew never considered

ignorance to be bliss and has little sympathy with the religious ideal

of many non-Jewish people that religion is more important than

knowledge. One of the great masters even went so far as to say that

the ignorant man cannot be pious. It was Simon the Just, one of the

survivors of the Men of the Great Synagogue, who said that the world

stands upon three things, the law, the service of God, and charity,

and he put the law first, for the first duty of a man is to observe

the law. He must be just before he can be charitable.

At one time it was sought to place some limitations upon the right to

become a student of law, and herein the schools of Hillel and Shammai

differed. Hillel was the democrat who held that all persons, without

exception, should enjoy the privilege of studying law; Shammai was the

intellectual aristocrat who sought to limit this privilege to those

who were wise, modest, of ample means and of goodly parentage, thereby

establishing rules similar to those that obtain in the best modern law

schools, which require a collegiate education as a preliminary to

admission; but Shammai went further in that he required the students

to be wise and modest as well as persons of good breeding and of

ample fortune. Just how many of our modern law students could meet

these requirements is a question upon which I have no statistics. On

this very matter of the proper qualifications for admission to the

privilege of studying law, we have heard much in our time. Perhaps a

contribution to the subject from the old and somewhat neglected Code

of the Mishnah would not be inappropriate. The Mishnah says:

_"Eight and Forty Qualifications for the Law"_

"The law is greater than priesthood and royalty, for royalty is

acquired by thirty qualifications, priesthood by four and twenty, but

the law by eight and forty, and they are as follows: Study, attention,

utterance, understanding, reverence, veneration, modesty, cheerfulness

and purity, service of the wise, choice of associates, debate with

fellow students, deliberation in study of Bible and Mishnah, a minimum

of business, a minimum of worldly pursuits, a minimum of pleasure, a

minimum of sleep, a minimum of talk, a minimum of jesting,

forbearance, kindliness, faith in the wise, resignation in suffering,

knowing one's place, satisfaction with one's lot, bridling one's

words, refraining from self-complacency, amiability, loving the

Creator, loving His creatures, loving righteousness, loving equity,

loving reproof, eschewing worldly honor, not being puffed up by

learning nor delighting in laying down the law, helping one's neighbor

bear the yoke, inclining toward a favorable judgment of others,

steadfast in the truth, steadfast for peace, concentration in study,

asking, answering, listening, enlarging, learning with a view to

teach, learning with a view to act, enabling one's teacher to become

wiser, thoroughly understanding what one hears, and repeating every

dictum in the name of him who uttered it." I recommend this list of

qualifications to the consideration of modern teachers and students as

well as to those who are concerned with the preparation of a code of

legal ethics for the profession.

The Jews loved the law and respected it and they honored its

expounders and administrators. They do not believe that the world can

be made over or made better by any man or by any preaching. They are

by instinct conservative, holding on with tenacity to the ideas and

institutions that have grown up in past times and that are expressions

of the needs of society and of its adjustment to the forces that play

upon it. This is why the law, which is the embodiment of these

conservative forces, meets with their respect and allegiance, why its

study was cultivated with such zeal in the past, and why in our own

day it still finds so large a percentage of votaries among the sons of

our people.

[Illustration: Signature: D.W. Amram]

The Menorah Journal, Volume 1, 1915 · 第 150 / 329 题