The humility of hypocrisy on the irenic illiberalism of jewish law

Common Knowledge 15 (2):229-268 (2009)
  Copy   BIBTEX

Abstract

Following directly upon an account of the author's personal experiences as a young soldier in Gaza during the course of the first intifada in 1987, this essay is an attempt to “cash in” rabbinic statements that present the entire Torah as a path to peace. The essay suggests that the genre of rabbinic debate—rather than the specific content of rabbinic statements—can be understood as peaceful. The study of halakhic literature, which is generally understood either as designed to clarify and quantify explicit legal demands or as a setting for pluralistic and progressive legal debate, is reevaluated with the purpose of limiting the potential of religious law to justify acts of violence. This reevaluation is founded upon an implicit critique of the “liberal” strategies that have sought to control the dangerous potential of religious law. The author proposes an irenic understanding of the halakha built upon partial and limited evaluations of the law's truth-claims. It argues that rabbinic debating generates multiple understandings for every detail of the law that entangle and conceal any ultimate sense of the law from view. The result is a legal system that is modest about its conclusions—and content to implement them partially—hypocritically. The religious value of such a system is that the truth claims of the law are thus modeled upon—and duplicate—the paradoxical opaqueness of prophetic revelation. Ultimately, this essay argues that this conception of the halakha is inherently tentative and hence peaceful

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,867

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Thomas Hobbes and the Intellectual Origins of Legal Positivism.Dr Sean Coyle - 2003 - Canadian Journal of Law and Jurisprudence 16 (2):243-270.
Torah and Wisdom. [REVIEW]Michael Ewbank - 1994 - Review of Metaphysics 48 (2):415-417.
Jurisprudence and Theology: In Late Ancient and Medieval Jewish Thought.Joseph E. David - 2014 - Cham, Switzerland: Springer International Publishing.
Law as a moral idea.Nigel Simmonds - 2007 - New York: Oxford University Press.
Kelsen, Quietism, and the Rule of Recognition.Michael Steven Green - 2008 - In Matthew D. Adler & Kenneth E. Himma (eds.), THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION. Oxford University Press.
The image of the non-Jew in Judaism: the idea of Noahide law.David Novak - 1983 - Portland, OR: The Littman Library of Jewish Civilization. Edited by Matthew Lagrone.

Analytics

Added to PP
2013-11-23

Downloads
26 (#597,650)

6 months
5 (#836,928)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references