of Palestine. The general aim of Philo’s
exegesis of the law was to show its broad principles
of justice and humanity rather than to formulate its
exact detail. It is true, he makes it an offence[287]—unknown
to the rabbis—for a Jew to be initiated
into the Greek mysteries, but usually he is concerned
to recommend the Halakah to the world rather than expand
it for his own community. This is shown in his
treatment of the civil as much as the moral law.
The great system of jurisprudence in his day, with
which every code claiming to have universal value had
necessarily to challenge comparison, was Roman Law.
That part of it which was applied throughout the Empire,
the jus gentium, was regarded as “written
reason.” It is probable that contact with
Roman jurisprudence had affected the practical interpretations
which the Alexandrian Sanhedrin put upon the Biblical
legislation, and was the cause of some of their differences
from the Palestinian Halakah. In treating the
ethical law, Philo’s object was to show its agreement
with the loftiest conceptions of Greek philosophers,
and, indeed, its profounder truth; in treating the
civil law of the Bible, his object likewise was to
show its agreement with the highest principles of
jurisprudence and its superiority to pagan codes.
If at times he supports a greater severity than the
Palestinian rabbis eventually allowed, that is where
greater severity implies a closer relation to Roman
Law. Thus he has not the horror of capital punishment
which the Jerusalem Sanhedrin exhibited; he would
condemn to death the man who commits wilful homicide,
whether by his own hand or by poison;[288] whereas
the other Halakah allows it only in the former case.
He who commits perjury also is to suffer capital punishment.[289]
He adds a law which finds no place in the Palestinian
tradition, making the exposure of children a capital
crime.[290] Again, following the text of the Biblical
law literally (see Deut. xxi. 18), he gives power of
life and death to parents over their rebellious children,
whereas the Jewish law demands a trial before a court
to make the death sentence legal. He approves
of the lex talionis, “an eye for an eye,
a tooth for a tooth,” agreeing here, indeed,
with the opinion of earlier rabbis like R. Eliezer
(see Baba Kama 84, [Hebrew: ’yn tht ’yn
mmsh], “the law of eye for eye is to be taken
literally"), and disagreeing with the later Halakic
interpretation, which says that the law of Moses means
the award of the value of an eye for an eye, etc.
This is one instance among many of Philo’s adoption of the older tradition, established probably under the Sadducaean predominance, which was modified in the rabbinical schools of the first and the second century. Paradoxically, in his exposition of the law, Philo follows the letter more closely as the expression of justice, while the later rabbis often allegorize it in order to support their humaner interpretation. Thus, commenting on the passage in Exodus xxii. 3


