The protest against the argument _ex silentio_ takes another form.
It is pointed out that laws are in many cases theories, and that
it is no disproof of the existence of a theory that it has not
got itself carried out into practice. Deuteronomy was really
nothing more than a theory during the pre-exile period, but who
would argue from this that it was not there at all? Though laws
are not kept, this does not prove they are not there,--provided,
that is to say, that there is sufficient proof of their existence
on other grounds. But these other proofs of the existence of the
Priestly Code are not to be found--not a trace of them. It is,
moreover, rarely the case with laws that they are theory and
nothing more: the possibility that a thing may be mere theory
is not to be asserted generally, but only in particular cases.
And even where law is undoubtedly theory, the fact does not
prevent us from fixing its position in history. Even legislative
fancy always proceeds upon some definite presupposition or other;
and these presuppositions, rather than the laws themselves, must
guide the steps of historical criticism.
Pages:
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818