At this point the reply to the Alexandrian anti-Semite comes to an end, and the rest of the book comprises a defense of the Jewish legislation, "which is intended not as an eulogy but as an apology." The broad aim is to show that the Law inculcates humanity and piety; but Josephus, before setting himself to this, again labors to point out that it is pre-eminent in antiquity over any of the Greek codes. This done, he gives a summary of the principles of Judaism, which is unlike anything else he wrote in its masterly grasp of the spirit of the religion and in its philosophical attitude. So great indeed is the contrast between this epilogue and the bald summary of the Mosaic laws in the Antiquities that it is safe to say that Josephus had for his later work lighted on a fresh and more inspired source. His presentation has the regular characteristic of the Alexandrian school, an insistence on the universal and philanthropic elements of the Mosaic law; and it is likely that he had before him either Philo's work on the Life of Moses, or another work, which his predecessor had used. It matters little that there are differences of detail between his and Philo's interpretations: the manner and the general purport are the same, and the manner is not the usual manner of Josephus, and altogether different from the treatment in the Antiquities.
He lays down with great clearness the dominant features of the Mosaic constitution. It is a theocracy, i.e. the state depends on God. The passage in which he makes good this principle is a striking piece of reasoning in comparative religion, worthy to be quoted in full:
"Now there are innumerable differences in the particular customs and laws that hold among all mankind, which a man may briefly reduce under the following heads: Some legislators have permitted their governments to be under monarchies, others put them under oligarchies, and others under a republican form; but our legislator had no regard to any of these forms, but he ordained our government to be what, by a strained expression, may be termed a Theocracy, by ascribing the authority and the power to God, and by persuading all the people to have a regard to Him as the Author of all the good things enjoyed either in common by all mankind or by each one in particular, and of all that they themselves obtain by praying to Him in their greatest difficulties. He informed them that it was impossible to escape God's observation, either in any of our outward actions or in any of our inward thoughts. Moreover he represented God as un-begotten and immutable through all eternity, superior to all mortal conceptions in form, and though known to us by His power, yet unknown to us as to His essence. I do not now explain how these notions of God are in harmony with the sentiments of the wisest among the Greeks. However, their sages testify with great assurance that these notions are just and agreeable to the divine nature; for Pythagoras and Anaxagoras and Plato and the Stoic philosophers that succeeded them, and almost all the rest profess the same sentiments, and had the same notions of the nature of God; yet durst not these men disclose those true notions to more than a few, because the body of the people were prejudiced beforehand with other opinions. But our legislator, whose actions harmonized with his laws, did not only prevail with those who were his contemporaries to accept these notions, but so firmly imprinted this faith in God upon all their posterity that it could never be removed. The reason why the constitution of our legislation was ever better directed than other legislations to the utility of all is this: that Moses did not make religion a part of virtue, but he ordained other virtues to be a part of religion—I mean justice, and fortitude, and temperance, and a universal agreement of the members of the community with one another. All our actions and studies have a reference to piety towards God, for he hath left none of these in suspense or undetermined. There are two ways of coming at any sort of learning and a moral conduct of life: the one is by instruction in words, the other by practical exercises. Now, other lawgivers have separated these two ways in their opinions, and, choosing the one which best pleased each of them, neglected the other. Thus did the Lacedemonians and the Cretans teach by practical exercises, but not by words; while the Athenians and almost all the other Greeks made laws about what was to be done, or left undone, but had no regard to exercising them thereto in practice.
"But our legislator very carefully joined these two methods of instruction together; for he neither left these practical exercises to be performed without verbal instruction, nor did he permit the learning of the law to proceed without the exercises for practice; but beginning immediately from the earliest infancy and the regulation of our diet, he left nothing of the very smallest consequence to be done at the pleasure and disposal of the individual. Accordingly, he made a fixed rule of law, what sorts of food they should abstain from, and what sorts they should use; as also what communion they should have with others, what great diligence they should use in their occupations, and what times of rest should be interposed, in order that, by living under that law as under a father and a master, we might be guilty of no sin, neither voluntary nor out of ignorance. For he did not suffer the guilt of ignorance to go without punishment, but demonstrated the law to be the best and the most necessary instruction of all, directing the people to cease from their other employments and to assemble together for the hearing and the exact learning of the law,—and this not once or twice or oftener, but every week; which all the other legislators seem to have neglected."
This passage contains, in many ways, an admirable explanation of Judaism as a law of conduct, inculcating morality by good habit; it lacks, indeed, any deep spiritual note or mystical exaltation, but it was likely for that reason to appeal to the practical, material-minded Roman. Josephus corroborates what Seneca had grudgingly remarked, that the Jews understood their laws; and it is this, he says, which made such a wonderful accord among us, to which no other nation can show a parallel. The eloquent insistence on the harmony uniting the Jewish people is another proof that Josephus is here reproducing the ideas of others, for it is in complete and glaring contrast with what he had repeatedly written in his Antiquities and his Wars about the strife of different sects. His books would have supplied the best argument to any pagan criticising his apology. Josephus further ascribes to the singleness of the tradition the absence of original genius among the people. The excellence of the Law produces a conservative outlook, whereas the Greeks, lacking a fixed law, love a new thing. S.D. Luzzatto, the Hebraist of the middle of the nineteenth century, emphasized the same contrast between Hellenism and Hebraism.
Turning in detail to the precepts of the Law, Josephus gives eloquent expression in the Hellenistic fashion to the idea of the divine unity. "God," he says, "contains all: He is a being altogether perfect, happy, and self-sufficient, the beginning, the middle, and the end of all things; God's aim is reflected in human institutions. Rightly He has but one Temple, which should be common to all men, even as He is the common God of all men." He develops, too, the humanitarian aspect of Judaism in the manner of the Hellenistic school. "And for our duty at the sacrifices, we ought in the first place to pray for the common welfare of all and after that for ourselves, for we were made for fellowship, one with another, and he who prefers the common good before his own is above all dear to God." He points to the excellence of the Jewish conception of marriage, another commonplace of the Hellenistic apologist, as we know from the Sibylline oracles; to the respect for parents and to the friendliness for the stranger. He insists with Philo[1] that kinship is to be measured not by blood, but by the conduct of life. He dwells, likewise in company with the Hellenists, on a law that lacks Bible authority: that the Israelites should give, to all who needed it, fire and water, food and guidance.[2] The impulse to this interpretation of the Torah is found in the charge made by the Jews' enemies, that they were to assist only members of their own race.[3] Josephus appears to be original, and, as is quite pardonable, he may be writing with a view to Roman proclivities, when he praises the law for the number of offenses to which it attaches the capital penalty. Like many a later Jewish apologist living amid an alien and dominant culture, Josephus accepts foreign standards, and he is silent about the Pharisaic teaching which softened the literal prescripts of the Bible.[4]
[Footnote 1: Comp. De Nobilitate.]
[Footnote 2: Comp. Philo, II. 639.]
[Footnote 3: Comp. Juvenal, Sat. xiv. 102.]
[Footnote 4: It has been noticed above (note, p. 153) that Josephus
appears to misunderstand or deliberately misinterpret the Hebrew
[Hebrew: aror] (cursed be!), which precedes many prohibitions of the
Mosaic law, to mean "he shall be put to death.">[