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Document Details : Title: Der Lebensschutz in der Rechtsanthropologie des kasuistischen Rechts der Hebräischen Bibel Author(s): OTTO, Eckart Journal: Biblica Volume: 104 Issue: 1 Date: 2023 Pages: 1-13 DOI: 10.2143/BIB.104.1.3291711 Abstract : The unconditional protection of life that is based on the incommensurability of life and material value has shaped the biblical anthropology of law, especially in personal injury law, which is seen in its difference from cuneiform law in the paradigm of the goring ox. The unconditional protection of life enhanced the development of absolute liability law towards fault-based liability law, including the distinction between intent, negligence, and force majeure. This has left its traits in the interpretation of the law of talion as well, which is confirmed for the protection of life in lethal cases but suspended in non-lethal cases of personal injury through Exod 21,18-19, which symbolically underlines the principle of the protection of life. |
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