An oral law is a

code of conduct A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization. Companies' codes of conduct A company code of conduct is a set of rules which is commonly writt ...

in use in a given

culture Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.Tyl ...

religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...

or community application, by which a body of rules of human behaviour is transmitted by

oral tradition Oral tradition, or oral lore, is a form of human communication wherein knowledge, art, ideas and cultural material is received, preserved, and transmitted orally from one generation to another. Vansina, Jan: ''Oral Tradition as History'' (1985 ...

and effectively respected, or the single rule that is orally transmitted. Many cultures have an oral law, while most contemporary legal systems have a formal written organisation. The oral tradition (from the

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

''tradere'' = to transmit) is the typical instrument of transmission of the oral codes or, in a more general sense, is the complex of what a culture transmits of itself among the generations, "from father to son". This kind of transmission can be due to lack of other means, such as in illiterate or criminal societies, or can be expressly required by the same law. There has been a continuous debate over oral versus written transmission, with the focus on the perceived higher reliability of written evidence, primarily based on the "linear world of academia" where only written down records are accepted. However, "standard" theories of orality and literacy have been proposed.Goody, pp.27-68

In jurisprudence

From a legal point of view, an oral law can be: *a

habit A habit (or wont as a humorous and formal term) is a routine of behavior that is repeated regularly and tends to occur subconsciously.

, or

custom Custom, customary, or consuetudinary may refer to: Traditions, laws, and religion * Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom * Norm (social), a r ...

with

legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

relevance or when the formal law expressly refers to it (but in this latter case, it is properly an indirect source of legal

rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...

and

obligation An obligation is a course of action that someone is required to take, whether legal or moral. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when the ...

s); *a spoken command or order that has to be respected as a

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

(in most modern western legal systems, some dispositions can be issued by word in given cases of emergency). An oral law, intended as a body of rules, can be admitted in

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

as long as it shows some efficacy, therefore it needs that the law is public, the human action is evaluated by a

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

(ordinarily producing a sentence according to the general interpretation of the law) and then a

punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...

has eventually to be put into effect. Some oral laws provide all these elements (for instance, some codes of conduct in use among criminal associations like

the Mafia "Mafia" is an informal term that is used to describe criminal organizations that bear a strong similarity to the original “Mafia”, the Sicilian Mafia and Italian Mafia. The central activity of such an organization would be the arbitration of d ...

do have a well known law, a judge, a condemnation), while others usually miss some of them.

In Judaism

Rabbinic Judaism Rabbinic Judaism ( he, יהדות רבנית, Yahadut Rabanit), also called Rabbinism, Rabbinicism, or Judaism espoused by the Rabbanites, has been the mainstream form of Judaism since the 6th century CE, after the codification of the Babylonian ...

maintains that the books of the

Tanakh The Hebrew Bible or Tanakh (;"Tanach"
''

Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cente ...

(lit. "Learning") and

Midrash ''Midrash'' (;"midrash"
''Random House Webster's Unabridged Dictionary''. he, מִדְרָשׁ; ...

im (lit. "Interpretations"). The interpretation of the Oral Torah is thus considered as the authoritative reading of the Written Torah. Further,

Halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...

(lit. "The Path", frequently translated as "Jewish Law") is based on a written instruction together with an oral instruction. Jewish law and tradition is thus not based on a literal reading of the Tanakh, but on the combined oral and written tradition.

Citations and notes

References

* Finnegan, Ruth H., A Note on Oral Tradition and Historical Evidence, in ''History and Theory'' 10 (1970), 195–201. * Goody, J., & Watt,I., ? in J. Goody (ed.), ''Literacy in Traditional Societies'' (Cambridge, 1968)
Story of the Jewish People - The Jewish Law

In jurisprudence

In Judaism

See also

Citations and notes

References

Further reading