A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers.

The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born.

During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance.

The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.

For much of the Middle Ages, the Lara family was among the most powerful aristocratic lineages in Spain. Protégés of the monarchy at the time of El Cid, their influence reached extraordinary heights during the struggle against the Moors. Hand-in-glove with successive kings, they gathered an impressive array of military and political positions across the Iberian Peninsula. But cooperation gave way to confrontation, as the family was pitted against the crown in a series of civil wars.

This book, the first modern study of the Laras, explores the causes of change in the dynamics of power, and narrates the dramatic story of the events that overtook the family. The Laras' militant quest for territorial strength and the conflict with the monarchy led toward a fatal end, but anticipated a form of aristocratic power that long outlived the family. The noble elite would come to dominate Spanish society in the coming centuries, and the Lara family provides important lessons for students of the history of nobility, monarchy, and power in the medieval and early modern world.