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The Green Bag.

for food and pleasant to the eyes, and a tree to be desired to make one wise, she was unselfish enough to want her husband to participate in all these joys; but the decree in her action reflects the patriarchal state of society, in which power, authority and rule were the heritage of the males. Kinship was reckoned through the father, property descended to the sons and to the collateral male heirs, a rule of inheritance that had to be essentially changed to provide for the daughters (see Zelophehad's case). Thus, the comparatively inferior status of the woman in patriarchal times is reflected in this legend, and is accounted for by this decree, in which her inferiority is made the punishment for the crime. Upon this legendary account which bears all the marks of poetry, imagination and mythology, but none of the indicia whereby actual facts may be discovered, there has been erected an elaborate structure of dog ma, built by the hands of theology. Sects, creeds, even entire religions have been founded upon this primitive myth. The social and legal inferiority of woman has been accepted by the world as unalterable, because, forsooth, the doctors of theology found this Jlihlical sanction for it, "And he shall rule over thee." The doctrine of original sin, the fall of man and other dogmas of the churches, all find their root in this ancient fable, told by primitive herdsmen far back in the dawn of history, and accepted by a credulous world as inspired truth given directly from God to man. The noblest of human aspirations—re ligion—the seeking for the divine in nature and in man—has thus, by blind devotion to the written word, been made one of the great instruments that has perpetuated human misery;—but we did not set out to consider anything except the legal aspects of our legend. A word, therefore, in conclusion, in illus tration of the method by which Rabbinical

lawyers found Biblical sanction for civil and criminal law. There was a tradition that the antedilu vians had seven great laws which were the basis of all later legislations. These laws were one positive law; to wit, to do justice; and six negative laws; to wit, not to blas pheme, commit idolatry, murder, incest, or robbery, and not to eat of the flesh of a living animal. (Talmud lîabl. Sanhédrin 56 a.b.) Rabbi Yohanan, a distinguished Palestinean authority of the first century finds a hint for these laws in Genesis ii, 16, And the Lord God commanded the man saying, Of every tree of the garden thou mayest freely eat." This verse he interprets as follows: First. "And he commanded," to do jus tice, as it is written, Genesis xviii, 19, "For I know him, that he will command his chil dren and his household after him, and they shall keep the way of the Lord to do justice and judgment." Second. "The Lord" indicates the law against blasphemy, as it is written, Leviticus xxiv, 16, "He that blasphemeth the name of the Lord, he shall surely be put to death. Third. "God" indicates the law against idolatry, as it is written, Exodus xx, 3, "Thou shalt have no other Gods before me." Гmirth. "Unto the man" indicates the law against murder, as it written, Genesis ix, 6. "Whoso sheddeth man's blood, by man shall his blood be shed; for in the image of God made He man." Fifth. "Saying" indicates the law against incest, as it is written, Jeremiah iii, I, which verse begins with the word "saying." Sixth. "Of every tree of the garden4 in dicates the law against robbery, this being permitted, and the 'one tree forbidden. Seventh. "Thou mayest freely eat" is by every casualistic reader interpreted to indi cate that the flesh of a living animal shall not be eaten.