Information AboutOral Law |
| CATEGORIES ABOUT ORAL LAW | |
| legal history | |
| religious law | |
| law | |
| oral tradition | |
|
Many cultures do have an oral law, while most contemporary legal systems have a formal written organisation. The oral tradition (from the Latin ''tradere'' = to transmit) is the typical instrument of transmission of the oral codes or, in a more general sense, is the complex of what a culture transmits of itself among the generations, "from father to son". This kind of transmission can be due to lack of other means (like for illiterate or criminal societies) or can be expressedly required by the same law. ORAL LAW IN JURISPRUDENCE From a legal point of view, an oral law can be:
An oral law, intended as a body of rules, can be admitted in Jurisprudence as long as it shows some efficacy, therefore it needs that the law is public, the human action is evaluated by a Judge (ordinarily producing a Sentence according to the general interpretation of the law) and then a Punishment has eventually to be put into effect. Some oral laws provide all these elements (for instance, some codes of conduct in use among criminal associations like Mafia do have a well known law, a judge, a condemnation), while others usually miss some of them. ORAL LAW IN JUDAISM See Also: Oral Torah Rabbinic Judaism holds that the books of the Tanakh (The Old Testament ) were transmitted in parallel with an oral tradition, as relayed by the scholarly and other religious leaders of each generation. The "written law" (''Torah she-bi-khtav'' תורה שבכתב) comprises the Torah and the rest of the Tanakh ; the "Oral Law" (''Torah she-be'al peh'' תורה שבעל פה) was ultimately recorded in the Talmud and Midrash . The interpretation of the Oral Law is thus considered as the authoritative reading of the Written Law . Further, Jewish Law is based on a "Written Law" together with an "Oral Law". Jewish Law And Tradition thus is not based on a literal reading of the Tanakh, but on the combined oral and written tradition. SEE ALSO General
|
|
|