Benjamin West, Cicero & the magistrates discovering the tomb of Archimedes, credit Wikipedi
Romans and their Levantine Ways
Hannah M. Cotton, ROMAN RULE AND JEWISH LIFE, Collected Papers, edited by Ofer Pogorelsky, reviewed by Darrell Sutton
Hannah Cotton is the Shalom Horowitz Professor of Classical Studies Emerita at the Hebrew University of Jerusalem. Well respected, her published work, whether written by her alone or edited with others, is substantial. This collection of thirty-four papers is divided into four sections: A – ‘Government, Power, and Jurisdiction’; B– ‘Documents, Language, and Law’; C – ‘Land, Army, and Administration’; and D – ‘Law, Custom, and Provincial Life’.
There is a list of publications (XXV-XXXII) that discloses her areas of expertise. Ciceronian language, Roman Republic civil matters and Greek, Latin, Hebrew, Aramaic writings discovered in the Judean desert have occupied much of her time. But her work encompasses more. Classicists are rarely acquainted with Semitic idioms. Professor Hannah Cotton (henceforth HC), however, educates the reader on important aspects of Levantine issues. And as stated in the preface, although most of the papers are devoted to ‘legal and administrative issues… Despite the title of the book, some of the articles have nothing specifically to do with the Jews’. That claim is ‘specifically’ true only for section A. In this volume remarkable papers are included. In my opinion, readers will find vital work performed in section B. A small number of specialists will trouble themselves with C; but by far, her best research in this collection appears in the final section, D. A review of a massive first-rate work like this one calls for criticism of points of detail. It is to these issues that I will give attention. Conversely, I want it to be known that all these collected papers are models of precision, containing coherent thoughts and reasonable inferences as she explicates rather difficult-to-construe texts.
HC’s early writings treated Ciceronian texts. Her doctoral work delved into Cicero’s letters of recommendation (p.99). Of the first paper, ‘Cicero, ad Familiares XIII, 26 and 28’, she investigates the meaning of reiectio Romam, and any supposed links to whether provincial citizens needed to apply for a change of court to have better judges in Rome. Roman customs in one ancient text, The Acts of the Apostles, go unstudied. The legal rights of Roman citizens in the provinces are not everywhere locatable in ancient secular documents. Paul’s treatment by hostile Jews (Acts 21:27) and his arrest by Roman soldiers, even his examination by Roman authorities, is recorded in Acts chapters 24-26. In a Palestinian province, Paul chose to appeal his religious case to Rome as a citizen (Acts 25.10,21, 26:32). I agree with HC that ‘In many respects Cicero’s letters of recommendation are the best primary evidence we have for determining the minutiae of provincial government under the Republic, the day-to-day working of provincial administration and jurisdiction as well as certain prevailing attitudes and conventions of conduct’ (p.5). Nonetheless, Acts is of ancillary importance for her discussion but is excluded from her study. In the end, she does not believe Cicero’s letters of endorsement that suggested that Roman citizens ‘possessed a legal right to demand a remittal of their case from the provinces to Rome’ (p.22).
In the paper on ‘Iustitia versus Gratia’, HC controverts J.M. Kelly’s thesis in Roman Litigation (Oxford, 1966). He believed the use of preferential letters for friends to be incompatible with an unprejudiced application of the law. It remains true, though, that the showing of ‘favor’ to individuals whom one knows is standard operating practice in every ancient and modern society. HC may not hold so tenaciously to these views today. In this paper she is a overcautious, trying to embrace too many positions at one time. Eventually she comes down in favor of the idea that ‘The tension we have detected between the two incompatible claims of iustitia and gratia is much reduced when we take into account the emphasis on dignitas and persona in the Roman notion of aequitas’ (p.78).
In ‘The Languages of the Legal and Administrative Documents from the Judaean Desert’, HC asserts that ‘All scholars agree that Aramaic was the dominant language of the Jews in Palestine during the first and second-centuries CE’ (p.129). That assertion, however, is outmoded and misleading. For example, see Uri Mor, ‘Language Contact in Judea: How Much Aramaic Is There in the Hebrew Documents from the Judean Desert?’, in Hebrew Studies, vol. 52 (2011), where he argued persuasively that
‘Hebrew was spoken alongside Aramaic during the days of the Second Temple and ceased to be spoken around the beginning of the third century C.E…. A detailed philological investigation and socio-linguistic inspection of this corpus reveal that it represents a living spoken Hebrew dialect, very close to Rabbinic Hebrew’.
And David Flusser (1917-2000), a member of the Israel Academy of Arts and Sciences, who published over 700 articles, certainly believed Hebrew was the dominant language spoken in first century Palestine and was used for literary purposes also. HC’s examination of the evidence is fulsome, but here explanations are conventional throughout.
Discoveries in the Judaean Desert (DJD) are interpreted variously. Students of inscriptions tend toward conjecture when attempting to tell a story. One should follow closely to see if the DJD facts lead to an author’s conclusions. How can scholars give their consent to the view that ‘It may not be a coincidence therefore that there are no documents in Hebrew which date to the years before the first revolt, or to the period between the two revolts’[?] (p.136). Later she admits that ἑβραϊστί may refer to Aramaic or Hebrew in the correspondence of Bar Khokhba (p.186 – ‘The Bar Khokhba Revolt and the Documents from the Judaean Desert’). Readers might want to find surer ground to stand on, as in the authoritative investigation by R. Buth, C. Pierce, ‘Hebraisti in Ancient Texts: Does Ἑβραϊστί Ever Mean “Aramaic”?’ (The Language Environment of First Century Judaea, Brill, 2014). In their analysis of the term, they illustrate copiously how, in their opinion, the term can only refer to Hebrew.
Likewise, HC is known for her scholarship on the Babatha Archive[i]. It is so named for a Jewish lady from Maḥoza (Maoza). Documents about her range in time over 35 years from c.AD94 to 132. These business records were hidden securely in a cave, which makes sense if one wanted to account for transactions of importance. Why they were placed in the location where they were found is anyone’s guess. More questions are raised upon reading. After the annexation (pp.403-404), how pervasive was Romanization in Arabia? Was the former Nabatean kingdom a new client kingdom or merely an unfortunate province, now hampered by subjugation? HC’s two papers, ‘Some Aspects of the Roman Administration of Judaea/Syria-Palaestina’ and ‘Jewish Jurisdiction under Roman Rule: Prolegomena’, are helpful but not on Arabian questions or on peculiar Nabatean policies. And despite the title, ‘Ἡ νέα ἐπαρχεία Ἀραβία: The New Province of Arabia in the Papyri from the Judaean Desert’, it sheds less light on the ‘province’ than its title implies the papyri will do.
The documentary evidence for contrasting Talmudic legal jurisprudence with Greco-Roman law is problematic. Receipts, deeds of sale, contracts and so forth are often heralded by legal experts in several disciplines. Names indicate Jewishness in these papyri only in so far as it can be demonstrated that non-Jewish persons in the Nabatean world did not use similar nomenclature in their own familial circles, as in the case of Soumaïos’ letter, P.Yadin 52 (pp.183-187). As HC states, the letter could have been written in Greek because Soumaïos was incapable of forming/placing his Nabatean thoughts in print via Jewish letters. As a consequence of the emended Greek text, it also might mean that there was nothing more than an unwillingness on the writer’s part to generate his thoughts outside of Greek, that what could ‘not be found’, or ‘produced’, was an innate wish to write that specific letter in Jewish idiom.
Regarding the custody or guardianship of children (orphans), the Greek word ἐπίτροπος/administrator does not appear to have antecedent forms in Jewish law (p.412); but in a case like this one, the lack of verification to the contrary should encourage classicists to look extensively into ancient near eastern texts and modern scholarship on them: in that part of the Levant the Emar tablets clearly show close similarities despite the lack of a term like ‘guardian’ in Sumerian or Akkadian. See ‘Custody of Children in Late Bronze Age Syria, in the Light of Documents from Emar’, in Edd. U. Yiftach, M. Faraguna, Ancient Guardianship: Legal Incapacities in the Ancient World (2013).
In her excellent last paper on ‘The Conception of Jesus’, she proves that betrothal was a significant part of the marriage process, stating ‘The structure of the story, as related in the Gospels, appears to reflect a very particular context in which the nature and portentous consequences of betrothal were clearly understood… acts of betrothal – and divorce – are decidedly crucial for the legal status of the children born to a couple (pp. 543-4)’. Interesting sidelights are provided as she contemplates Talmudic attitudes. HC devotes little space to supernatural aspects of religion. Her disquiet over the Gospel accounts is overt (p.536). Her remarks regarding Tannaitic comments are guarded (p.457f.), and her belief in ignoring Roman lore is on display in this volume.
Additional Comments:
Everywhere in her administrative research, HC compares Judaea with Egypt. The comparisons do not convince. In numerous instances, she admits a point is true or valid only to resist that consideration in the next line or paragraph. On p.174, in reflecting on papyri from the Judean desert, she says ‘the evidence of these documents cannot be set aside as reflecting the habits of fringe groups or sects, as the documents from Qumran do’. But what group utilized or wrote the Qumran scrolls? Reems of paper have been devoted to research on this topic, and decades later no one knows if they were a fringe group or not.
From what is delineated on page 310 about ου καί, emendations of Greek texts may not be her forte. Additional aid in her work on private international law in the Roman world could have been found in the writings of Arthur Nussbaum (1877-1964), Research Professor of Public Law at Columbia, who is absent from her bibliography. His 1952 paper, ‘The Significance of the Roman Law in the History of International Law’ (University of Pennsylvania Law Review, Vol. 100) contains a rich survey of material on this subject. HC, in her study, ‘Some Aspects of the Roman Administration of Judaea/Syria-Palestina’, refers to the title procurator in this way in a footnote: ‘For this designation there is no epigraphic evidence in Judaea’ (p.319,fn.9). Further investigations are needed. HC explores a few on (pp.322-323). How do we construe it all? Was Judaea a public province or an imperial one? The Pilate inscription found at Caesarea Maritima that was discovered in June 1961 refers to Pilate as ‘Praefect’. But HC does not define, nor does she disentangle any classical nuances between the two administrative titles, which in their strictest Latin senses were synonymous – as she avers on page 319. And in relation to those Latin ascriptions, what exactly is implied by her use of the English term ‘governor’? Tacitus referred to Pilate as Procurator of Judaea (Annals 15.44) as do English versions (KJV,NIV,NRSV,REB) of the Matthew at 27.2,11. Her definitions of ‘proconsul, and ‘propraetor’ in the illuminating paper ‘Cassius Dio, Mommsen and the Quinquefascales’ complicate how readers will apprehend her use of ‘governor’. On the other hand, the change of name of Judaea to Syria-Palaestina never suppressed ‘the Jewish identity of the province’ (p.323). If anything, Jews zealously embraced their identity, safeguarded relevant features of it, and by it fostered in them a xenophobia of the fiercest kind. Besides, Rome would have imposed its non-Jewish will upon (the Jewish provinces of) Palestine whatever its name.
HC’s faith in the view that the ‘guardianship by women’ (p.410) was created to satisfy Roman legal restrictions does not persuade, nor does her suggestion that ‘we may have in Arabia the first example for such an adaptation of local custom, and another expression of Romanization’ (loc. cit.). In her article ‘The Rabbis and the Documents’ she writes of an oath formula believing ‘that “the Roman oath ‘by the genius of the emperor’ was not yet familiar in Egypt”. It is doubtful if she is correct. But a corrective to her 1998 article is Kimberley Czajkowski, ‘Jewish Attitudes towards the Imperial Cult’ (SCI Vol. XXXIV 2015).
Certain classicists refer to themselves as ‘historians.’ In not a few cases the label is a misattribution. For Professor Cotton, however, the title is justly deserved. This essay collection provides plentiful data on material records from ancient pasts as well as information on the techniques and guidelines of reliable historical method. Historians of the ancient Levant should take notice. Each paper requires special tools for these literary expeditions, which take readers along the painstaking paths that have occupied HC during her fruitful career. And even if she writes with verve and clarity, numerous journals and volumes still are needed within reach to follow and/or validate the intricate points of her arguments. This collection is of note and deserves close inspection.
N.B These articles were kept in their ‘original form’, aside from ‘references to forthcoming publications’ (p.IV). It would be nice to see each one thoroughly revised. If revision occurs, on page 32, instead of ‘…Pliny in his solicitation of behalf of…’, write ‘…Pliny in his solicitation on behalf of…’.
ENDNOTE [i] For general and reliable information about the Babatha Archive, see N. Lewis, ‘The Complete Babatha: More Questions than Answers’, in SCI 2003, pp.189-192. And, J.G. Oudshoorn, General Introduction – I. The Archives, in The Relationship between Roman and Local Law in the Babatha and Salome Komaise Archives, (Brill,2005)
Darrell Sutton is a Classicist
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