_Interpretation and Construction_ examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.

_Interpretation and Construction _examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.

This book traces rabbinic thought on the near-universal phenomenon of legal circumventions, finding licit ways to achieve otherwise illegal outcomes. Rabbinic literature does not fully reject or accept loopholing, but instead determine acceptability based on whether their outcome and their process maintain the values and the integrity of the law.

The Intellectual Foundations of Christian and Jewish Discourse is a unique and controversial analysis of the genesis and evolution of Judeo-Christian intellectual thought. Jacob Neusner and Bruce Chilton argue that the Judaic and Christian heirs of Scripture adopted, and adapted to their own purposes, Greek philosophical modes of thought, argument and science. Intellectual Foundations of Christian and Jewish Discourse explores how the earliest intellectuals of Christianity and Judaism shaped a tradition of articulated conflict and reasoned argument in the (...) search for religious truth and focuses especially on methods of discourse in the Judaic and Christian intellectual and literary traditions. (shrink)

The Talmud - the Mishnah, a philosophical law code, and the Gemara, a dialectical commentary upon the Mishnah - works by translating principal modes of Western ...

Boaz Cohen. sincere and great D'nan 'TD^n who do not approve of the policies or politics of their wilful and dominating leaders, but they are cowed into an undignified silence and submission, and are rendered impotent for salutary action.

This chapter contains section titled: Objects of Legal Interpretation Utterance Model of Legal Interpretation How the Law Is Different from Art Digression: Indeterminacy in Art and the Law Aims of Legal Interpretation and Conceptions of the Law Precedent and Judicial Authority Considerations of Prudence, Morality, and Justice: Judicial Liberty A Constructivist Conception of Legal Interpretation An Alternative View: Dworkin's Constructivism The Relevance of Intention: Con and Pro Conclusion Notes.

Many Jewish groups of late antiquity assumed that they were obligated to observe the Divine Law. This book attempts to study the various rationales offered by these groups to explain the authority that the Divine Law had over them. Second Temple groups tended to look towards philosophy or metaphysics to justify the Divine Law's authority. The tannaim, though, formulated legal arguments that obligate Israel to observe the Divine Law. While this turn towards legalism is pan-tannaitic, two distinct legal arguments (...) can be identified in tannaitic literature. These specific arguments about the Divine Law's authority, link to a set of issues regarding the tannaim's conception of Divine Law and of Israel's election. (shrink)

The essays in this volume present interpretations of themes in major Jewish texts and thinkers, as well as treatments of significant issues in Jewish theology and ethics. It offers philosophical readings of biblical narratives, analyses of topics in the thought of Maimonides, Rabbi Abraham Isaac Kook and Rabbi Joseph B. Soloveitchik, and critical and constructive examinations of divine providence, religious anthropology, free will, 9/11, evil, Halakhah and morality, altruism, autonomy in Jewish medical ethics, and the epistemology of (...) religious belief. The author frequently brings Jewish philosophy and law into dialogue with contemporary Anglo-American philosophy. The book serves scholars and students of Jewish philosophy and law, and is suitable for inclusion in syllabi of undergraduate and graduate courses''--Provided by the publisher. (shrink)

Biblical discourses of divine law -- Greco-Roman discourses of law -- Bridging the gap: divine law in Hellenistic and Second temple Jewish sources -- Minding the gap: Paul -- The "truth" about Torah -- The (ir)rationality of Torah -- The flexibility of Torah -- Natural law in Rabbinic sources?

ʻInyene Orah ḥayim : ʻavodat H., tefilah, berakhot, Shabat, Rosh ha-shanah, Yom ha-kipurim, ḳiyum mitsṿot, teshuvah, ḥinukh -- ʻInyene Yoreh deʻah : Torah, tsedaḳah, ʻinyanim shonim, midot, biṭaḥon, yom huledet -- Heʻarot ʻal Talmud Yerushalmi -- Hosafot le-Sefer Derekh ʻavodato, Shaʻar ha-biṭaḥon -- Ḳunṭres Tsidḳat Ḥanah : ḥidushim ṿe-liḳuṭim ʻal hilkhot ḥag he-Pesaḥ ṿe-Hagadah shel Pesaḥ (Mahadurah 3) -- Ḳunṭres Tsemaḥ Yiśraʼel : ʻal ʻinyene minhagim (Mahadurah 2) -- Ḳunt̥res Ḥesed ṿe-emunah : heʻarot ṿe-ḥidushim ʻal Sefer ḥasidim (Mahadurah 2) -- (...) Ḳunṭres Mile di-hespeda : ʻal zeḳeni ha-r. he-ḥ. Rabi Shelomoh Ḥayim Haizler zatsal. (shrink)

After a section of Methodological Preliminaries, I consider Truth and Argumentation in the Jewish Legal Tradition, under the following subheadings: Truth in Judaism, Truth and Norms, Truth and Language, Truth and Logic, Truth and Argumentation. I thus use an external framework in order to pose questions to the Jewish legal tradition, and identify internal resources which may provide partial answers to these questions. But are these partial answers so peculiar, theological, culturally contingent as to lack any value in (...) terms of a potential contribution to these same issues as posed within Western jurisprudence? This may be doubted, given the West’s adoption or construction of the divine right of kings on the one hand and of holistic theories of interpretation on the other, derived from the Bible and later Jewish tradition, mediated and fortified through a Christianised Rome. (shrink)

1. [without special title] -- ḥeleḳ 2. Meḳorot u-ferushim.

This study is a pioneering exploration of how rabbis in the religious Zionist community in Israel constructed a body of Jewish law on war. It focuses on five leading rabbis in this camp and how they dealt with a number of key moral issues that the waging of modern war raised.

At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with (...) the manner in which Jewish tradition was constructed in Antiquity. The article accomplishes three goals: • To introduce some central elements in ancient Rabbinic literature on the subject of the embryo and its representation; • To present this body of literature as clearly as possible, noting some of the difficulties encountered by scholars who engage in its study; • To explain how the literature’s textuality came about, examining the particular sociopolitical circumstances of Judaism at that time, including the reasons for the delay in the production of scientific texts, transmitted as such, as compared to other philosophical or religious traditions. The claim is that these circumstances engendered a tradition peculiarly relevant for the study and teaching of medical ethics today. (shrink)

Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the (...) Bible, and analyzing the methodology of the Talmud and other Rabbinic literature by means of formal tools which make possible its objective evaluation with reference to scientific logic. The result is a highly innovative work – incisive and open, free of clichés or manipulation. Judaic Logic succeeds in translating vague and confusing interpretative principles and examples into formulas with the clarity and precision of Aristotelean syllogism. Among the positive outcomes, for logic in general, are a thorough listing, analysis and validation of the various forms of a-fortiori argument, as well as a clarification of dialectic logic. However, on the negative side, this demystification of Talmudic/Rabbinic modes of thought (hermeneutic and heuristic) reveals most of them to be, contrary to the boasts of orthodox commentators, far from deductive and certain. They are often, legitimately enough, inductive. But they are also often unnatural and arbitrary constructs, supported by unverifiable claims and fallacious techniques. Many other thought-processes, used but not noticed or discussed by the Rabbis, are identified in this treatise, and subjected to logical review. Various more or less explicit Rabbinic doctrines, which have logical significance, are also examined in it. In particular, this work includes a formal study of the ethical logic (deontology) found in Jewish law, to elicit both its universal aspects and its peculiarities. With regard to Biblical studies, one notable finding is an explicit formulation (which, however, the Rabbis failed to take note of and stress) of the principles of adduction in the Torah, written long before the acknowledgement of these principles in Western philosophy and their assimilation in a developed theory of knowledge. Another surprise is that, in contrast to Midrashic claims, the Tanakh (Jewish Bible) contains a lot more than ten instances of qal vachomer (a-fortiori) reasoning. In sum, Judaic Logic elucidates and evaluates the epistemological assumptions which have generated the Halakhah (Jewish religious jurisprudence) and allied doctrines. Traditional justifications, or rationalizations, concerning Judaic law and belief, are carefully dissected and weighed at the level of logical process and structure, without concern for content. This foundational approach, devoid of any critical or supportive bias, clears the way for a timely reassessment of orthodox Judaism (and incidentally, other religious systems, by means of analogies or contrasts). Judaic Logic ought, therefore, to be read by all Halakhists, as well as Bible and Talmud scholars and students; and also by everyone interested in the theory, practise and history of logic. (shrink)

Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the (...) nature of interpretation, its objectivity, the possible determinacy of legal standards, and their nature. Concluding with a series of articles on the role of legislative intent in the interpretation of statutes, this work offers new and refreshing insights into this old controversy. (shrink)

This paper explores Ronald Dworkin’s influential theory of constructive interpretation. It points out that this theory admits of two readings, which I call the “undemanding” and the “demanding” conceptions of constructive interpretation respectively. As I argue, Dworkin’s own presentation of the theory equivocates between these two conceptions, the former of which is utterly unproblematic, but the latter of which incorporates certain philosophical prejudices as to what it must mean for a practice to be purposive.

Created as a social being, human beings communicate and interact with other people in society. Their economic activities are also part of this communication.Transactions such as shopping and lending are also an element of the economy. Troughout history, legal systems have laid down rules regulating these activities,and imposed orders and prohibitions. Studies comparing Islamic and Jewish legal systems, which originated from revelation and still applied by their followers, are less than those made in terms of the history of religions. (...) The aim of this study is to contribute to the comperative studies in the field of law by examining the similar and differente aspects of both legal systems in terms of contractual contract. It has been determined that there are more similarities in the provisions of Islamic law and Jewish law regarding the issue of lending. The fact that the sources of these two legal systems are the same is the most natural reason for similarity.The differences are due to the interpretations of the Jews that changed religious rules in order to ensure harmony between the law and the life conditions that changed over time. (shrink)

In this article I discuss the nature and sense of legal reasoning as reasonableness, i.e. as judgement and equilibrium between normativity and factuality, and as constant approximation between these two dimensions. By phrasing the intertwinement between legal hermeneutics and the nature and function of writing, the structure of the article is constructed so that the focus is on the changes currently occurring with the so-called ‘digital revolution’: in imagining a juridical system administrated through data analysis and algorithms, some contradictions emerge, (...) especially concerning the nature, sense and task of legal hermeneutics. The current shift of paradigm should be first of all addressed starting from the grammatological nature of the revolution at stake. Only from this perspective can the shift be entirely grasped and, at the same time, only from this perspective can the methodological conundrum be deconstructed. (shrink)

The shared nature of language -- Derrida on language and meaning -- Reading the law : hermeneutics and deconstruction -- The ethics of language -- Uncertain justice.

Islamic law; interpretation and construction; Hanafites.

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

Hogan argues that the basis of interpretive method is ordinary inferential reasoning - that there is no general methodological difference between interpretation in the humanities and theory construction in the physical sciences. Further, the nature of interpretation does not entail cultural, historical, or other forms of relativism, as is commonly thought. However, this does not imply that there is only one way of approaching interpretation or that there is one true meaning of any particular work. Rather, there (...) are many kinds of interpretation and many kinds of meaning and the interpreter is free to stipulate one of these in the context of a particular enquiry. More exactly, discussing the constraints upon stipulation, Hogan says that, although there are a large number and variety of intents (those of authors and readers, conscious and unconscious), there are no nonintentional meanings - Platonic, social, essential, or otherwise. (shrink)

Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.

Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.

Graff observes that the significance of dina de-malkhuta dina and its interpretation ids vital for an understanding of modern Jewish life as well as the relationship of Diaspora Jews to the Jewish community in the state of Israel.

This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience (...) of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies. (shrink)

Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.

This chapter develops a theory of categorical normativity, of those principles that have authority over us regardless of our ends and interests. It argues that there is an intimate connection between these norms and the conditions of agency. In this respect, it offers a version of constitutivism. But the version of constitutivism defended is unique in a few respects. First, it is naturalistic: agency is an emergent property, like the properties of biology and economics. Second, it is social: agency is (...) something constructed by the complex interaction of agents. And third, it supports the normativity of a particular contractualist procedure: adhering to Kant’s Formula of the Realm of Ends is a condition on agency, and so a categorical requirement. (shrink)

Foreigners and Their Food: Constructing Otherness in Jewish, Christian, and Islamic Law. By David M. Freidenreich. Berkeley and Los Angeles: University of California Press, 2011. Pp. xvii + 325. $60.

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of (...) sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory. (shrink)

This article probes the usefulness of selected theories from Cognitive Linguistics in the context of statutory interpretation. The presumption of legal language is a well-established rule of statutory construction in Polish legal practice that comes from the internationally recognised theory by Jerzy Wróblewski. It rests on a controversial assumption that there are different levels of generality in legal language (i.e. the language of statutes) and a single term may be given different meanings depending on the level of generality that (...) is referred to. The authors use the notion of basic level categorisation from the cognitive theory of prototypes to explain this mechanism. Legal concepts, not unlike ordinary concepts, form hierarchical taxonomies. A single term may denote concepts that are situated at different levels in different conceptual taxonomies. In the absence of special circumstances, a legal term should be given the meaning that resides at a higher level of categorisation in the respective legal taxonomy. This way, the presumption of legal language is found to be justified on both linguistic and psychological grounds. (shrink)

From the perspective of Marek J. Siemek’s theory of modernity, one of the most important problem is to include conflicts into institutional framework of the modern society. He reinterprets Hegel’s dialectics of the struggle for recognition by conceptual tools of Hobbes and Marx in order to uncover hidden assumptions and conditions of possibility of the social rationality. For Siemek, law as purely formal, autopoetic social system or social subject, which produces individual subjects, is the first of the conditions of possibility (...) of modernity. The second one is the convergence of formal and material presuppositions of law—or, speaking generally—the convergence of form and content of the social reason. Form and content, facticity and normativity, instrumentality and communicativity are aspects of the process of rationalization andof the only one reason, self-generating in the history. So for Siemek, the Hegelian model of the struggle for recognition gains its theoretical power only when it is interpreted from the perspective of economical, technical and legal rationalization of modernity. Only such perspective is able to construct “the transcendental social philosophy” which starts from critique of “the non-instrumental reason”. (shrink)

This collection of essays brings together the central lines of thought in Onora O'Neill's work on Kant's philosophy, developed over many years. Challenging the claim that Kant's attempt to provide a critique of reason fails because it collapses into a dogmatic argument from authority, O'Neill shows why Kant held that we must construct, rather than assume, the authority of reason, and how this can be done by ensuring that anything we offer as reasons can be followed by others, including others (...) with whom we disagree. She argues that this constructivist view of reasoning is the clue to Kant's claims about knowledge, ethics and politics, as well as to his distinctive accounts of autonomy, the social contract, cosmopolitan justice and scriptural interpretation. Her essays are a distinctive and illuminating commentary on Kant's fundamental philosophical strategy and its implications, and will be a vital resource for scholars of Kant, ethics and philosophy of law. (shrink)

Vagueness in law leads to indeterminacies in legal rights and obligations in many cases. The book defends that claim and explains its implications for legal theory. Vague language is the book's focus, but vagueness is not merely a linguistic feature of law. Law is necessarily vague. That fact seems to threaten the coherence of the ideal of the rule of law. The book defends a new, coherent articulation of that ideal.

In his 1935 treatise on divine sovereignty, the Jewish philosopher Martin Buber introduced the idea of an 'anarchic soul of theocracy.' A decade before, the German jurist Carl Schmitt had coined the term 'political theology' in order to designate the Christian theological foundations of modern sovereignty and legal order. In a specular and opposite gesture, Buber argued that the covenant at Sinai established YHWH as the King of the Israelites and simultaneously promulgated the principle that no human being could (...) become sovereign over this people. In so doing, Buber offered an interpretation of Jewish theocracy that is both republican and anarchic. Republican because, by pivoting on the idea that democracy is a function of a people's fidelity to a prophetic higher law, theocracy displaces the central role of the human sovereign. Anarchic because this divine law is saturated with the messianic aim to put an end to relations of domination between peoples. In this book I show that this republican and anarchic articulation of the discourse of political theology characterises the development of Jewish political theology in the 20th century from Hermann Cohen to Hannah Arendt. (shrink)