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BLOOD FEUD AND STATE CONTROL using barcode creator for none control to generate, create none image in none applications. About QR Code moment of the kil none none ling itself, the slayer was threatened by the blood avenger. The family s assumption of the initiative in remedying the wrong was the direct motivation for the existence of sanctuary and was tempered by the existence of sanctuary. The fugitive s arrival in a place of refuge put a hold on the actions of the blood avenger.

He could not lay a hand on the fugitive. By having impunity to kill the slayer whatever the circumstances from the time of the killing until the slayer reached a place of sanctuary, the agent of the victim s family ensured that the slayer would go to a refuge and thereupon be judged for his actions. The violence of self-redress acted as a threat: It was an impetus to a formal trial and away from violence.

The slayer s intention was not taken into account at this stage of the process, and the only way he could attempt to claim mitigating circumstances was to seek refuge in a place of sanctuary and acknowledge that he was the killer. Ironically, only by going to a sanctuary and thereby identifying himself as the killer without any denial or dissembling on his part could the killer claim that the death was accidental. Another major restriction was the interference of others in judging whether the accused killer was guilty.

Once the slayer entered the city of refuge, he was subject to trial to determine whether he was an intentional or an accidental slayer (Num 35:24; Deut 19:12). This decision limited the ability of !dh lag to effect vengeance because if the slayer was judged to be an accidental killer, he was permitted to stay in the city of refuge safe from the avenger. Only if the slayer was determined to be an intentional killer was he handed over to the avenger for execution.

This procedure introduces an element of objectivity into the process. Other people who are not the victim s kin determine the level of culpability the accused possesses in the death. The omniscient narrator in Genesis 4 can conveniently produce an omniscient Deity to judge Cain, but human beings do not have the talent of an infallible ability to determine fault and, therefore, certain procedures to make such a determination as objective as possible must be designed.

In all the legal sources, the avenger, !dh lag, acted as executioner. Although it may appear that his role was reduced to nothing more than carrying out the judgment of the court,9 it was his assumption in the rst place of the responsibility to avenge the killing by killing the killer that forced the killer to seek refuge. Blood vengeance was the basis of the entire process for prosecuting and punishing a killer.

It was rule-bound, with a safe haven for the. has also presente d a challenge to the self-help theory. The idea that ghting precedes talking in the evolution of societies is contradicted by the appearance of ghting and talking side by side in the same culture. Violence does not give way to negotiation at a certain level of social development.

Rather, both are present, albeit realized in different ways in different societies. Cf. Simon Roberts, The Study of Dispute: Anthropological Perspectives, in Disputes and Settlements: Law and Human Relations in the West (ed.

John Bossy; Cambridge: Cambridge University Press, 1983), 8 9. 9 Cf. Milgrom, Numbers, 217.

. HOMICIDE IN THE BIBLICAL WORLD killer and proced ures for determining his guilt. The places of refuge acted as a check on the right of !dh lag to kill the slayer with impunity. He could not kill a slayer while the slayer remained within the city of refuge.

Courts of various constitutions determined whether the killing was intentional or accidental. The intentional killer was handed over to !dh lag, whereas the accidental killer was sheltered from him. What is important to recognize is that, unlike the modern Western criminal court system, which has specialized personnel for identifying and arresting, prosecuting, judging, and punishing offenders, including killers, the legal system of ancient Israel was responsible for regulating the right of the victim s family to effect a remedy, not for initiating the prosecution of a killer or for remedying the killing, a radically different concept.

10 In such a legal system, a relative of the victim, !dh lag, initiates the process and ensures that punishment takes place. The legal system re ects the singular role of the family in ancient Israel s social structure. The family consisted of a family per se, ba tyb, which in turn was part of a hjp`m, a lineage or protective association of extended families, that operated when the family was unable to solve a problem on its own.

11 In fact, the term hjp`m is a term of relationship expressing kinship, real or ctional, unconnected to ownership of land.12 This understanding emphasizes the communal association of the members of a hjp`m for their socioeconomic bene t, rather than merely a matter of blood ties. A feeling of kinship may be based on other factors in addition to genealogy.

Territoriality, for example, was an important aspect of hjp`m.13 Certain towns were assimilated into lists of twjp`m.14 Names of villages were identi ed with ancestors (Mic 5:2;.

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