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Selden and Milton on Family Law 塞尔登和弥尔顿论家庭法
Pub Date : 2021-06-17 DOI: 10.1093/oso/9780192842923.003.0004
J. Rosenblatt
This chapter discusses the relationship between Selden and Milton on family law. Like that of the first family in paradise, it may be mutual, although not equal. Milton drew on Selden’s scholarship for his ideas about concubinage, polygamy, the church’s meddling in marriage, and especially divorce. But Selden’s ownership of two Miltonic treatises on divorce, Tetrachordon and Colasterion (1645), both of them presumably acquired while he was writing Uxor Ebraica (1646), complicates the question of influence and suggests a possible reverse motion of spirit. The chapter begins by describing some of the differences between Selden’s two discussions of family law, both cited by Milton, the primordial, universal, natural law in De Jure Naturali et Gentium and the civil law of the Jews in Uxor Ebraica. Various hints—seedlings—in Milton’s Tetrachordon might have germinated in Selden’s mind to become the majestic flowering plant that occupies the four full chapters (3.20–3) of Uxor Ebraica devoted to the key phrases on divorce in Deuteronomy 24:1 and Matthew 5:32. Milton expanded the meaning of the Bible’s word fornication to include non-sexual sins or defects. Selden, relying mainly on the Talmud, would have retrojected Miltonic ideas into the debate over divorce that he established as occurring in the first century BCE.
本章讨论塞尔登与弥尔顿在家庭法上的关系。就像天堂里的第一家庭一样,它可能是相互的,尽管不是平等的。弥尔顿借鉴了塞尔登的学识,对纳妾,一夫多妻,教会对婚姻的干预,尤其是离婚的看法。但是塞尔登拥有弥尔顿关于离婚的两篇论文,《四重线》和《Colasterion》(1645),这两篇论文都可能是他在写作《乌索·埃布拉卡》(1646)时获得的,这使影响的问题变得复杂,并暗示了一种可能的精神反向运动。这一章首先描述了塞尔登关于家庭法的两种讨论之间的一些差异,这两种讨论都被弥尔顿引用,即《自然律与Gentium》中原始的,普遍的自然法和乌干达犹太人的民法。弥尔顿的《四分线》中的各种暗示——幼苗——可能已经在塞尔登的脑海中发芽,成为庄严的开花植物,占据了《乌索·埃布里卡》的整整四章(3.20-3),专门讨论申命记24:1和马太福音5:32中关于离婚的关键短语。弥尔顿扩展了圣经中“淫乱”一词的含义,将非性的罪恶或缺陷也包括在内。塞尔登主要依据《塔木德》,将弥尔顿的观点推翻到关于离婚的辩论中,他认为离婚发生在公元前一世纪。
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引用次数: 0
Conclusion 结论
Pub Date : 2021-06-17 DOI: 10.1093/oso/9780192842923.003.0007
J. Rosenblatt
This draws conclusions based on John Selden’s acceptance of the Talmud as an authoritative source. His many references to Jewish ancestral custom and opinion reveal his understanding that ancient Talmudic traditions exist independent of the Bible, and of course these include the Adamic/Noachide laws. Despite its dubious historicity, Selden accepts the tradition of a seamless transmission of judicial authority in both sacred and civil issues from Moses to the time of the synedrion, which he regards as a model for Parliament. He regards the sages of the Talmud as legal scholars rather than as religious figures. In the fierce debates in the Westminster Assembly over Deuteronomy 17:8–10, the Presbyterians read the text literally, which gave priority in adjudication to the clergy, while Erastians like Selden followed the rabbinic interpretation, which favored those who were skilled in the law. The conclusion tries to explain why both Selden and Milton (at least in his divorce treatises and in the middle books of Paradise Lost) relied on simile and analogy rather than metaphor and typology. Milton would have found everything he needed to create the laws of paradise in Selden’s De Jure Naturali et Gentium, with its thousands of marginal references and its method of giving a fair hearing to all opinions.
这得出的结论是基于约翰塞尔登接受塔木德作为一个权威的来源。他多次提到犹太人祖先的习俗和观点,揭示了他对古代塔木德传统独立于圣经而存在的理解,当然这也包括亚当/诺亚希德律法。尽管它的历史性值得怀疑,塞尔登接受了从摩西到synedrion时代在神圣和民事问题上司法权威无缝传递的传统,他认为synedrion是议会的典范。他认为《塔木德》中的圣人是法律学者,而不是宗教人物。在威斯敏斯特议会对申命记17:8-10的激烈辩论中,长老会按字面意思阅读经文,认为神职人员在裁决中具有优先权,而像塞尔登这样的伊拉斯提人则遵循拉比的解释,倾向于那些精通法律的人。结论部分试图解释为什么塞尔登和弥尔顿(至少在他的离婚论文和《失乐园》的中间几本书中)都依赖于明喻和类比,而不是隐喻和类型化。弥尔顿本可以在塞尔登的《自然与人类》中找到他所需要的一切,来创造天堂的法则,其中有成千上万的边缘引用,以及公平听取所有意见的方法。
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引用次数: 0
Selden and Milton on the Bible 塞尔登和弥尔顿谈圣经
Pub Date : 2021-06-17 DOI: 10.1093/oso/9780192842923.003.0003
J. Rosenblatt
The Bible provides the scope for Selden and Milton to display their brilliance: one as a great scholar boldly following his vision of the truth wherever it leads, the other as a creative genius finally overcoming his strong precursor, the King James Bible, to become the supreme poet of the hexaëmeron. Selden focuses his biblical Hebraic and post-biblical rabbinic scholarship on New Testament passages, offering immensely learned and sometimes startlingly original readings of the Apostolic Decree (Acts 15:20, 29; and 21:25) and four events in the life of Jesus: his rebuke of the Jews regarding korban (Mark 7:9–12); his pronouncement that “the truth shall make you free” (John 8:31–2; his driving the money-changers from the temple (John 2:13–17); and his trial (Matt. 26:63–6). If God is Milton’s father, and his scriptural word is the strongest of all precursor texts, then the King James Bible is the most intimidating version of that text. Milton’s marginal Hebrew substitutions for the KJB Psalm translations (1648) reveal anxiety and defensiveness. But the creation account in book 7 of Paradise Lost compresses the verses of Genesis 1, reducing them to their constituent elements and then outdoing them with the energy and magnificence of his interlinear poetic commentary. The poet’s anxiety-free transcendence of the KJB in book 7 can be seen as part of a general sense of joyous creativity.
《圣经》为塞尔登和弥尔顿提供了展示他们才华的空间:一个是伟大的学者,勇敢地追随他对真理的愿景,无论它将其引向何方,另一个是创造天才,最终战胜了他强大的前身,詹姆斯国王钦定版《圣经》,成为hexaëmeron的最高诗人。塞尔登将他的圣经希伯来语和后圣经拉比研究重点放在新约段落上,提供了对使徒法令的大量知识,有时甚至是惊人的原创解读(使徒行传15:20,29;(马可福音21:25)以及耶稣一生中的四件事:他对犹太人关于库尔班的斥责(马可福音7:9-12);他宣告“真理必叫你们得以自由”(约翰福音8:31-2;他把兑换银钱的人赶出圣殿(约翰福音2:13-17);和他的审判(马太福音26:6 6 - 6)。如果上帝是弥尔顿的父亲,他的圣经话语是所有先驱文本中最强大的,那么钦定本圣经就是那个文本中最令人生畏的版本。弥尔顿对KJB诗篇译本(1648)的边缘希伯来语替换,揭示了焦虑和防御。但是《失乐园》第7卷中对创世的描述压缩了《创世纪》第1章的经文,将它们简化为组成元素,然后用他的交错的诗歌注释的能量和壮丽超越了它们。在第七本书中,诗人对KJB的无焦虑超越可以被看作是一种普遍意义上的快乐创造力的一部分。
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引用次数: 0
Synthesizing Imaginations 合成的想象力
Pub Date : 2021-06-17 DOI: 10.1093/oso/9780192842923.003.0002
J. Rosenblatt
Milton’s engagement with Selden’s natural law theory is a factor in the transformation that occurs between his earlier anti-prelatical tracts and the later treatises on divorce, freedom of the press, and the citizens’ right to depose any ruler. In his poetry, despite his Christian doctrinal preference, Milton’s non-hierarchical aesthetic attests to the amplitude of his vision. This derives in part from his exposure to Selden’s method of giving a fair hearing to all his pagan, Christian, Jewish, and Muslim sources. But the same passage in the Areopagitica that demonstrates Selden’s influence becomes, in the latter part of the chapter, a point of entry into the different ways that a scholar and a poet-polemicist view the same object. Selden recognizes the importance of mediated experience, whether scientifically, through a telescope, or religiously, through tradition. Milton distrusts “the glass of Galileo, less assured,” and believes only in sola scriptura and immediate experience.
弥尔顿对塞尔登自然法理论的参与,是他早期反教士的小册子和后来关于离婚,新闻自由,以及公民有权废黜任何统治者的论文之间转变的一个因素。在他的诗歌中,尽管他偏爱基督教教义,弥尔顿的非等级美学证明了他的视野的广度。这部分源于他接触了塞尔登的方法,他对所有异教徒、基督教、犹太教和穆斯林的资料都给予了公平的听取。但是《论出版自由》中同样一段展示了塞尔登影响的段落,在这一章的后半部分,成为了一个切入点,进入学者和诗人辩论家看待同一事物的不同方式。塞尔登认识到中介经验的重要性,无论是科学上的,通过望远镜,还是宗教上的,通过传统。弥尔顿不信任“伽利略的玻璃,不那么自信”,他只相信唯独圣经和直接的经验。
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引用次数: 0
Making Law and Recording It: Part II 法律的制定与记录:第二部分
Pub Date : 2021-06-17 DOI: 10.1093/oso/9780192842923.003.0006
J. Rosenblatt
John Selden’s historico-philological approach tends to prove that religious authority has its origins in civil institutions and their legal procedures, and to that extent his “literary” (philological) encounter with ancient texts helps determine the nature of law. Selden was an active member of the Long Parliament, chairing or serving on many committees, but there are very few transcripts of his speeches and none of his debates on the floor of the House of Commons. His only surviving debates from that decade took place in the Westminster Assembly of Divines, to which he was appointed by Parliament as a lay member. That makes them especially valuable. Even so, many of the transcripts are so lacunose that they are indecipherable as they appear in those volumes. This chapter is devoted to filling in the gaps and making the speeches coherent by finding their contexts in Selden’s scholarly works.
约翰·塞尔登(John Selden)的历史文献学方法倾向于证明宗教权威起源于民事机构及其法律程序,在某种程度上,他与古代文本的“文学”(文献学)接触有助于确定法律的本质。塞尔登是长期议会的活跃成员,在许多委员会担任主席或服务,但他的演讲记录很少,他在下议院的辩论也很少。他在那十年中唯一幸存下来的辩论发生在威斯敏斯特议会,他被议会任命为非专业成员。这使得它们特别有价值。即便如此,许多抄本都是如此的空洞,以至于当它们出现在这些卷中时,它们是无法辨认的。本章致力于填补空白,并通过在塞尔登的学术著作中找到他们的背景,使演讲连贯。
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引用次数: 0
Making Law and Recording It: Part I 法律的制定与记录:第一部分
Pub Date : 2021-06-17 DOI: 10.1093/oso/9780192842923.003.0005
J. Rosenblatt
This chapter analyzes Selden’s contribution to the struggle to define the reach of ecclesiastical jurisdiction in the mid-1640s, as Presbyterians in the Westminster Assembly of Divines fought to have the power to exclude the “ignorant” and “scandalous” from communion. For Selden, the issue of excommunication turned—as it had in his handling of the topic of an ecclesiastical right to tithes—on the question of whether the clergy’s authority was God-given or man-made. The final section of the chapter suggests that Milton’s position on excommunication can only be indirectly inferred from his writings—in particular from his poem “On the New Forcers of Conscience,” which explicitly attacks the Assembly on plurality and the grouping of English churches in classes. Selden acknowledged that the expulsion of Adam and Eve from paradise might be construed as an “excommunication,” a cursing or anathemata. But Milton, who would become the great English poet of exile, failed to take the imaginative leap that would connect exile with excommunication.
本章分析塞尔登在17世纪40年代中期为界定教会管辖权范围的斗争中所作的贡献,当时威斯敏斯特议会(Westminster Assembly of Divines)的长老会教徒为拥有将“无知”和“丑闻”排除在圣餐之外的权力而斗争。对于塞尔登来说,逐出教会的问题——就像他在处理教会的什一税问题时一样——转向了神职人员的权威是上帝赋予的还是人为的问题。这一章的最后一节暗示,弥尔顿对逐出教会的立场只能从他的作品中间接推断出来,尤其是从他的诗《论良知的新力量》中,这首诗明确地攻击了议会的多元化和英国教会在班级中的分组。塞尔登承认,亚当和夏娃被驱逐出天堂可能会被解释为“被逐出教会”,是一种诅咒或诅咒。但是弥尔顿,这位后来伟大的英国流亡诗人,却没有将流放与逐出教会联系起来。
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引用次数: 0
期刊
John Selden
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