Between Blasphemy and Judicial Activism: Jesus and the Mosaic Law

It has been authoritatively demonstrated that Jesus was charged with blasphemy by the Sanhedrin based on the assumption that he was teaching his followers to disregard the Law. In their defence of Jesus' role as a teacher of the Law, St. Augustine and St. Thomas strived to reject this reading, resorting to the distinction between law-making and interpretation of the law. This approach is a common place of modern legal studies, and through an assessment of the current debate on judicial activism in certain areas of international law, it is possible – in retrospect – to reframe and appreciate Augustine and Thomas' effort, as well as to fully understand the historical and legal profile of Jesus' indictment.