Jewish Legal Theories

Jewish Legal Theories
Author: Leora Batnitzky
Publisher: Brandeis University Press
Total Pages: 300
Release: 2017-12-05
Genre: Law
ISBN: 1512601357

Contemporary arguments about Jewish law uniquely reflect both the story of Jewish modernity and a crucial premise of modern conceptions of law generally: the claim of autonomy for the intellectual subject and practical sphere of the law. Jewish Legal Theories collects representative modern Jewish writings on law and provides short commentaries and annotations on these writings that situate them within Jewish thought and history, as well as within modern legal theory. The topics addressed by these documents include Jewish legal theory from the modern nation-state to its adumbration in the forms of Orthodox, Conservative, and Reform Judaism in the German-Jewish context; the development of Jewish legal philosophy in Eastern Europe beginning in the eighteenth century; Ultra-Orthodox views of Jewish law premised on the rejection of the modern nation-state; the role of Jewish law in Israel; and contemporary feminist legal theory.

Jewish Law and Legal Theory

Jewish Law and Legal Theory
Author: Martin P. Golding
Publisher: Dartmouth Publishing Company
Total Pages: 578
Release: 1994-01
Genre: Jewish law
ISBN: 9781855211964

Dealing with issues pivotal to Jewish law theory, this volume offers English-language readers a concise presentation of an important legal tradition. This volume touches on theological concerns of Judaism and the law, but it focuses on broader trends in legal theory. essays address the philosophy of law and jurisprudential analysis which have contributed to modern legal systems.

Jewish Law

Jewish Law
Author: Suzanne Last Stone
Publisher:
Total Pages: 0
Release: 2024-10-04
Genre: History
ISBN: 9783110336948

New Perspectives on Jewish Law combines the detailed work characteristic of scholarship on Jewish law with an orientation towards its broader academic and cultural significance. It shifts the study of Jewish law from its focus on legal doctrine and history to legal theory, achieving in the process a more sophisticated understanding of law that will benefit both the legal academy and Jewish studies. By employing the framework of legal theory, it similarly corrects an over-emphasis on the metaphysical presuppositions and philosophical implications of Jewish law, which has tended to cast it as exceptional relative to other legal systems. Moreover, it answers to old-new anxieties about law, often symbolized by Judaism, raised by contemporary feminists and by philosophers who are animated by recent interpretations of Paul through actual engagement with the Jewish legal tradition. The volume consists of three parts. The first focuses on the critique of positivism, its implications, and the new directions that it opens up for the analysis of Jewish law. The second part takes stock of recent methodological developments in the study of Jewish legal texts and investigates the relation between Jewish law and the disciplines, including history, literary theory, ritual studies, the digital humanities, as well as traditional approaches to Jewish learning. It concludes with a reflection on these interdisciplinary contributions from the perspective of legal theory. The third part explores the connections among Jewish law, philosophy, and culture critique. It assesses the relation or lack thereof between Jewish law and modern Jewish thought, and examines specific issues of philosophical interest, including truth and normativity. It also investigates the image of Jewish law in the contemporary critique of law as well as how Jewish law could productively contribute to that debate. It concludes with a reflection on these studies from the perspective of philosophy of law.

Jewish Law and American Law, Volume 1

Jewish Law and American Law, Volume 1
Author: Samuel J. Levine
Publisher: Academic Studies PRess
Total Pages: 529
Release: 2021-02-16
Genre: Law
ISBN: 1644695634

This volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system. Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.

Jewish Law and Contemporary Issues

Jewish Law and Contemporary Issues
Author: J. David Bleich
Publisher: Cambridge University Press
Total Pages: 429
Release: 2015-09-18
Genre: Law
ISBN: 0521765471

This book presents a series of authoritative discussions of the application of Jewish tradition to contemporary social and political issues.

An Introduction to Jewish Law

An Introduction to Jewish Law
Author: François-Xavier Licari
Publisher: Cambridge University Press
Total Pages: 179
Release: 2019-03-28
Genre: Juvenile Nonfiction
ISBN: 1108421970

This is the first book to present a systematic and synthetic introduction to Jewish law.

Jurisprudence and Theology

Jurisprudence and Theology
Author: Joseph E. David
Publisher: Springer
Total Pages: 192
Release: 2014-09-18
Genre: Law
ISBN: 331906584X

The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.

The Authority of Law in the Hebrew Bible and Early Judaism

The Authority of Law in the Hebrew Bible and Early Judaism
Author: Jonathan Vroom
Publisher: BRILL
Total Pages: 263
Release: 2018-09-11
Genre: Religion
ISBN: 9004381643

In The Authority of Law in the Hebrew Bible and Early Judaism, Vroom identifies a development in the authority of written law that took place in early Judaism. Ever since Assyriologists began to recognize that the Mesopotamian law collections did not function as law codes do today—as a source of binding obligation—scholars have grappled with the question of when the Pentateuchal legal corpora came to be treated as legally binding. Vroom draws from legal theory to provide a theoretical framework for understanding the nature of legal authority, and develops a methodology for identifying instances in which legal texts were treated as binding law by ancient interpreters. This method is applied to a selection of legal-interpretive texts: Ezra-Nehemiah, Temple Scroll, the Qumran rule texts, and the Samaritan Pentateuch.