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Biblical Judgments: New Legal Readings in the Hebrew Bible
Daphne Barak-Erez
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Biblical Judgments invites readers to consider today's timeless dilemmas of law and government, social justice, and human rights, through the perspective of a text that has helped shape western society: the Hebrew Bible. By focusing on biblical narratives and literature rather than on traditional interpretations of biblical law, Daphne Barak-Erez is able to look beyond specific legal norms to concentrate on what the stories can reveal about the "big" issues. She discusses questions such as: What can modern-day governmental regulation learn from the exercise of food rationing in Egypt as a response to Pharaoh's dream of a future famine? How does social distancing in the time of Covid-19 compare with people sent outside the camp as a precautionary measure against bible-era plagues? What can promoters of social justice glean from the demands made to Moses that daughters should also inherit from their father when biblical law did not recognize inheritance rights of women?
Rather than offering a historical study, Barak-Erez draws upon famous court decisions from around the world to root her analysis in modern law. Organized by subject matter, Biblical Judgments analyzes how the themes of law and government, judging and judges, human rights and social justice, criminal law, private law, and family and inheritance law are presented through a number of different stories. In recounting the compelling narratives of the Hebrew Bible, Biblical Judgments exposes their inherent legal tensions and what we can learn from them and with them about legal dilemmas today.
Rather than offering a historical study, Barak-Erez draws upon famous court decisions from around the world to root her analysis in modern law. Organized by subject matter, Biblical Judgments analyzes how the themes of law and government, judging and judges, human rights and social justice, criminal law, private law, and family and inheritance law are presented through a number of different stories. In recounting the compelling narratives of the Hebrew Bible, Biblical Judgments exposes their inherent legal tensions and what we can learn from them and with them about legal dilemmas today.
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Cover
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Title Page
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Copyright Page
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Dedication
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Contents
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Introduction
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Part I: Law and Government
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“These are the laws you are to set before them”—Constitution, Law, and Interpretation
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“The outrage of Sodom and Gomorrah”—Their Sin and the Limits of Majority Rule
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“Caleb hushed the people”—The Importance of Minority Opinions
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“Popular with the majority of his brethren”—Leadership and Opposition
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The Laws of Kingship and the Ways of Kings—The Rule of Law and the Gap between “Law in Books” and “Law in Action”
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King, Priest, and Prophet—The Separation of Powers Principle
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“What should be done for a man whom the king desires to honor?”—The Veil of Ignorance in Law
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“For an edict that has been written in the king’s name . . . may not be revoked”—On Repealing and Revising Decisions
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The Tower of Babel and Beyond—Language and Translation
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“Zion shall be saved in the judgment”—Legal Justice as Social Redemption
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“Confine her outside the camp for seven days”—Plagues and Social Distancing
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Joseph the Distributor—Regulation and Liberty
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“If only we had died . . . in the Land of Egypt, when we sat by the fleshpots”—Subsistence and Supply
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“We have no portion in David, no share in Jesse’s son”—Tax, Social Justice, and Equality
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Jotham’s Parable—The Origins of Crooked Government
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Cronyism and Transitions of Power—On Connections and Undeserving Heirs
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“You have a cloak, you shall be our chief”—On the Qualifications for Public Office
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Not Only Ahithophel’s Counsel—On Government Consultation
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“You shall not eat of their flesh”—From Religious Dietary Restrictions to Food Regulation
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The Poor Man’s Lamb—Government Theft and Murder under the Guise of Law
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“Let every mother know”—On Commanders’ Responsibilities and Conflict of Interest
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Joab and King David—On Military and Government
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Part II: Judges and Judging
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The Judgment of Solomon—What Is a Just Trial?
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“Absalom stole the hearts of the men of Israel”—Censure and Fair Criticism of Courts
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The Case of Naboth the Jezreelite—In the Absence of Law and Judicial Independence
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“Fear no man”—What Are the Qualities of Judges and How Are They Appointed?
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Vengeance—Vigilantism and Lynching
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“Then two prostitutes came to the king and stood before him”—Is Justice Blind and Who Has Access to Justice?
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“Please recognize”—On Modes of Investigation and Evidence
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“The chief cupbearer did not think of Joseph, and forgot him”— Evidence Withheld
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“Your own mouth testified against you”—When Can Confessions Be Relied Upon?
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“You shall investigate and inquire and interrogate thoroughly”— Principles of Due Process
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Jeremiah’s Trial and Due Process in the Kingdom of Judah—On Judgment and Legitimacy
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“Set these over them as chiefs of thousands, hundreds, fifties, and tens”—Justice and Judicial Administration
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“So you have found me, my enemy”—On Standing in Court and Public Interest Litigation
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“Put my silver goblet in the mouth of the bag of the youngest one”—On Investigative Manipulations
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The Fool’s Dilemma—To Answer or Not to Answer, That Is the Question
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“This shall be the law of procedure for the Israelites”—How to Create a Precedent?
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Finding Righteous Men in Sodom—On Advocates for the Defense and Prosecutors
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Testers in Sodom—How to Collect Evidence of Rights Violations?
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“And you shall explain to your son on that day”—History and Memory in Law
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Part III: Human Rights and Social Justice
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“When you acquire a Hebrew slave”—On the Pursuit of Social Justice in Law and Its Limitations
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From Slavery to Human Trafficking—Old and New Injustices
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“He shall serve as your spokesman”—Accessibility for People with Disabilities
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Sexual Harassment—From Moral Failure to Rights Infringement
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“He married a Cushite woman”—Saying No to Racism
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“Just because you are a kinsman, should you serve me for nothing?”—Employment Law in Action
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“Remember” and “Observe”—The Religious Sabbath and the Social Sabbath
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“Adorn him with glory and majesty”—What Do We Mean When We Protect Human Dignity?
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“Guard your tongue from evil” or “Shout it aloud, do not hold back”?—Freedom of Speech and Its Limits
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“The dogs will lap up your blood too”—On Burial and Honoring the Dead
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“Every person has a name”—Between Personal Autonomy and Government Regulation
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Gleanings, Forgotten Produce, and the Edges of the Field—From Social Duties to Social Rights
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Asylum Seekers, Refugees, and Economic Migrants—On Cross-Border Movement
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Trouble in Paradise—Spheres of Privacy
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“Furnish him liberally”—Severance Pay and Employee Rights upon Termination
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Not in My Backyard?—On Cities of Refuge and Their Lessons
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“Let us build us a city, and a tower with its top in the sky”—On Babel and Planning Laws
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Starting Over—Debt Collection, Debt Relief, and Bankruptcy
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“A superwoman, who can find?”—Women’s Rights or Impossible Standards?
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Part IV: Criminal Law
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Why Do People Obey the Law?—On Incentives and Reasons
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The Noahide Laws—To Whom Does Law Apply?
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“Parents eat sour grapes and their children’s teeth are blunted?”— Individuals, Collectives, and Corporations
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“Do not stand upon the blood of your fellow”—On Rescuers and Good Samaritans
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“And you shall do to him as he schemed to do to his fellow”—On Criminal Intent and Criminal Attempts
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Do Motives Matter?—Law and Emotions
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“He who kills another unwittingly”—On Degrees of Murder and Manslaughter
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“But David knew nothing of it”—On Criminal Culpability and Willful Blindness
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“When men fight . . . and miscarriage results”—Death of a Fetus
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“Every boy that is born you shall throw into the Nile, but let every girl live”—Should All Superior Orders Be Obeyed?
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“But Mordecai would not kneel or bow low”—The Duty to Obey the Law and Disobedience
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“Should our sister be treated like a harlot?”—Burning Rage and Family Honor
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“The cows of Bashan on the hill of Samaria”—On Aiding and Abetting Crime
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The Drunkenness of Noah and Lot—Who Bears Responsibility and Who Deserves to Be Protected?
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“He struck down the Egyptian”—On the Boundaries of Self-Defense
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From Rahab to Kant—May We Lie to Save a Life?
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The Defense of Necessity in Extreme Situations—Are We as Cannibals?
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Be My Wife or My Sister—On Criminal Liability in Cases of Mistake and Necessity
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When Jonathan Ate of the Honey—Is Ignorance of the Law an Excuse?
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“Then Saul said to his arms-bearer: ‘draw your sword and thrust it through me’”—On Assisted Suicide and Euthanasia
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“None of you shall come near anyone of his own flesh to uncover nakedness”—Between Public Morality and Sexual Abuse
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“Where are the men who came to you tonight . . . that we may be intimate with them”—Sodomy, Then and Now
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Dinah, the Levite’s Concubine, Tamar, and the Revolt of Absalom—Rape and Sexual Abuse
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“An eye for an eye”—Retribution or Proportionality?
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The Mark of Cain—On Criminal Punishment and Criminal Record
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Jephthah’s Roulette—On Dangerous Vows and Forbidden Games
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“Your rulers are rogues and cronies of thieves”—Bribery and Government Corruption
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“You shall not allow a witch to live”—On Magic, Witchcraft, and Deceit
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“He must make restitution; if he lacks the means, he shall be sold for his theft”—Compensating the Victims of Crime
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Shaming and Punishment—On Social and Legal Sanctions
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“That night, sleep deserted the king”—Rewarding Whistleblowers?
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“I am blameless”—Job and the Cry of Innocence
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Divine Forgiveness and Royal Mercy—On Justice and Pardons
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Part V: Private Law
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From “thou shalt love thy neighbor as thyself” to “thou shalt owe a duty of care to thy neighbor”—When Should Damages Be Awarded?
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“The best of his field . . . he shall pay”—Corrective Justice or Deterrence
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Restoring Job’s Fortunes—Is It Possible to Be Compensated for Personal Losses and Suffering?
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“Perish the day on which I was born”—On Wrongful Birth and Wrongful Life
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“And Abraham weighed to Ephron the silver”—How to Make a Contract?
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“For your younger daughter Rachel”—How Are Contracts Written and Interpreted?
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“I myself will be a surety for him”—Agreements Must Be Kept
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My Kingdom for a Horse and My Birthright for Lentil Stew—Unconscionability and Hardship in Contract Formation
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“The voice is the voice of Jacob, but the hands are the hands of Esau”—Is Everything up for Sale and When Does Cheating Pay?
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“Streaked, speckled, and mottled”—Bad Bargains, Good Faith, and Self-Help
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“Had you not plowed with my heifer, you would not have guessed my riddle”—Good Faith in Contracts
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“They borrowed from the Egyptians objects of silver and gold, and clothing”—Fraud or Compensation?
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“One who amasses wealth by unlawful means”—The Law of Unjust Enrichment
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“You shall not have in your bag differing weights, larger and smaller”—On Consumer Protection
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“You must return it to him”—Returning Lost Property as a Moral and Legal Obligation
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“Give me leave to go to my master”—The Loyal Agent
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The Right to Private Property and Freedom of Contract—From “You shall not steal” to the Poor Man’s Lamb
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“And the land shall not be sold in perpetuity”—Private Property and National Land
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The Tragedy of the Commons—From the Shepherds in Canaan to the Shepherds in Midian
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Part VI: Family and Inheritance Law
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The Daughters of Zelophehad—On Equality and the Incremental Nature of Legal Reform
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Marriage Promises and Breaking Them—On the Limits of Law
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Hagar, Bilhah, and Zilpah—On Parenthood and Surrogacy
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“That we may preserve the seed of our father”—Sperm Theft and Sexual Autonomy
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“Would you murder and take possession?”—Disentitling Murderers and Forfeiting Immoral Gains
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Last Words—Wills as a Legal Institution or as a Moral Precept?
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“Honor your father and your mother”—The Honor of Parents and the Dignity of Children
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“Thou shall not commit adultery”—A Family or a Legal Crisis?
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“Then the king spoke up . . . ‘she is its mother’”—Dilemmas of Parenthood
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From Pharaoh’s Daughter to Naomi—Old and New Families
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“A bill of divorcement”—The Invention of Divorce and the Right to Practice It
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“Her rival, to make her miserable, would taunt her”—Polygamy and Its Woes
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“Hence a man leaves his father and mother”—On Breach of Trust and Conflicting Loyalties
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“You in turn will show loyalty to my family”—Gratitude and Family Benefits
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Epilogue
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Acknowledgments
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Footnotes
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Index
Citable Link
Published: 2024
Publisher: University of Michigan Press
- 978-0-472-07658-1 (hardcover)
- 978-0-472-05658-3 (paper)
- 978-0-472-22131-8 (ebook)