Jewish Law as Rebellion is unconventional and controversial in its approach to the world of Jewish Law and its response to religious crises. The book delves into the contemporary application and development of halacha and pointedly protests many accepted methods and ideals, offering new solutions to existing halachic dilemmas. Rabbi Cardozo discusses hot topics such as same-sex marriage, conversion, and religion in the State of Israel and presents a critical analysis and explanation of the application of halacha.

In a work that casts philosophical and theological reflections against a backdrop of personal experience, Leon Wiener Dow offers a learned discourse that elucidates the telos of Jewish law and the philosophical-theological commitments that animate it. To the reader gazing upon the halakha from the outside, this book offers a glimpse of its central, orienting concepts. To the reader who lives amidst the rigor of halakha, this book bestows an insightful glance at the law's orienting ethos and higher aspirations (...) that often remain opaque. (shrink)

The 21st Century has seen a dramatic increase in the number of books published on practical halakha. As a result, Halakhic observance has never been more accessible. But how does increased commitment to halakhic detail accomplish its goal of personal and ethical refinement? Halakhic practices are meant to be spiritual entry points for divine encounters. Commitment to Jewish ritual should mold one's character and help facilitate a life guided by divine ideals. In fact, adherence to Jewish law without (...) a parallel understanding of the meaning behind the law runs the risk of transforming halakha into a formulaic set of rules without any larger spiritual vision. Jewish Law as a Journey is a valuable companion to published works of practical halakha. It explores virtues and ideals foundational to daily halakhic practice. Moreover, it offers a systematic exploration of the mitzvot one encounters in a given day and the transformative religious messages that underlie them"--front flap. (shrink)

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.

"This work deals wth three main topics: a. Maimonidean studies, b. aspects of medieval rabbinic literature, and c. intellectual history of the Jews in southern France (Provence) during the Middle Ages."--Back cover.

Bringing the topic down to earth -- The body of Jewish law : how Jewish law resembles other legal systems -- The covenantal soul of Jewish law : how Jewish law is unique -- Motivations to live by Jewish law -- Continuity and change in Jewish law -- The relationship of Jewish law to morality and theology -- Jewish law and custom -- Comparisons to the right and the left -- Applications of (...) my theory of Jewish law to specific cases. (shrink)

Previous title: "The unfolding tradition: Jewish law after Sinai.".

Vol. 1. Contemporary issues -- Jewish philosophy -- Prayer -- Shabbat and festivals -- What we eat -- A question of ethics -- Lifecycles.

This study of the Jewish legal system (the Halakhah) demonstrates that the law embraces every corner of life.

Despite the efforts of some modern Jewish law scholars, it is difficult to apply models of secular jurisprudence (whether positivist or Dworkinian) to the Jewish legal system. Internal analysis suggests that the “secondary rules” of the system are far too fragile. Rather, the system appears to privilege trust over objectively determinable truth. (But perhaps trust is a concept to which greater attention should be paid also in secular jurisprudence, as a legal realism informed by semiotics might maintain.) The (...) practical implications of this difference are here illustrated both from research on reform of Jewish marriage law and recent developments in the area of law and religion, in the wake of Archbishop Rowan Williams’ advocacy in 2008 of a model of “transformative accommodation”. (shrink)

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When studying the work of Émile Durkheim, scholars must consider how his intellectual development in a traditional Jewish environment contributed to and informed his ideas. This article details how Durkheim’s upbringing endowed him with a traditional rabbinic thought-model. The author analyzes five of Durkheim’s major works to argue that the system of classification, language, and style of argument Durkheim used to define concepts in his scholarship mirror streams of rabbinic thought. The article builds off the sociology of knowledge to (...) illuminate how Durkheim employed his codified knowledge of biblical texts and modern Jews to bolster his arguments, and reveals the subtler ways he demonstrates his tacit knowledge of the texts and argument styles. The article ends with an exploration of how conceptual frameworks from the sociology of knowledge may be applied to other leading sociological thinkers—how the modes of thinking instilled during formative years may orient scholarship and the benefits and limitations of this approach. (shrink)

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)

A detailed study of the moral philosophy of medieval Jewish thinkers Saadia Gaon, Bahya ibn Pakuda, and Moses Maimonides. Jon Jacobs emphasizes their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with contemporary moral philosophy.

Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

Jon Jacobs emphasises their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with ...

Journal of Religious Ethics, Volume 49, Issue 4, Page 638-656, December 2021.

A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law (...) solely as the embodiment of Divine command. (shrink)

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.

Israeli philosopher and public intellectual Eliezer Schweid offers his own bold reading, breaking with old stereotypes and challenging todays readers--both ...

Jewish Philosophy for the Twenty-First Century showcases living Jewish thinkers who produce innovative ideas taking into consideration theology, hermeneutics, politics, ethics, science and technology, law, gender, and ecology.

Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the Community. (Franz Steiner (...) 1992). (shrink)

Introduction: in search of a Jewish renaissance -- Jewish philosophy: humanist roots of a contradiction in terms -- The prophetic-poetic dimension of philosophy: the ars poetica and Immanuel of Rome -- Leone Ebreo's concept of Jewish philosophy -- Conceptions of history: Azariah de Rossi -- Scientific thought and the exegetical mind, with an essay on the life and works of Rabbi Judah Loew -- Mathematical and biblical exegesis: Jewish sources of Athanasius Kircher's musical theory -- Creating (...) geographical and political utopias: the ten lost tribes and the east -- Ceremonial law: history of a philosophical-political concept -- The city and the ghetto: Simone Luzzatto and the development of Jewish political thought -- Body of conversion and immortality of the soul: Sara Copio Sullam, the 'Beautiful Jewess'. (shrink)