Jewish Legal Theories

Jewish Legal Theories

Author: Leora Batnitzky

Publisher: Brandeis University Press

Published: 2018-01-02

Total Pages: 300

ISBN-13: 1584657448

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Anthology of writings about Jewish law in the modern world


Jewish Legal Theories

Jewish Legal Theories

Author: Leora Batnitzky

Publisher: Brandeis University Press

Published: 2017-12-05

Total Pages: 300

ISBN-13: 1512601357

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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.


A Political Theory for the Jewish People

A Political Theory for the Jewish People

Author: Chaim Gans

Publisher: Oxford University Press

Published: 2016

Total Pages: 321

ISBN-13: 0190237546

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"The book presents several interpretations of Zionism and the post-Zionist alternatives currently proposed for it as political theories for the Jews. It explicates their historiographical, philosophical and moral foundations and their implications for the relationships between Jews and Arabs in Israel/Palestine and between Jews in Israel and world Jews"--


An Introduction to Jewish Law

An Introduction to Jewish Law

Author: François-Xavier Licari

Publisher: Cambridge University Press

Published: 2019-03-28

Total Pages: 179

ISBN-13: 1108421970

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


The Oxford Handbook of Jewish Ethics and Morality

The Oxford Handbook of Jewish Ethics and Morality

Author: Elliot N. Dorff

Publisher: Oxford University Press

Published: 2016-01-23

Total Pages: 539

ISBN-13: 0190608382

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For thousands of years the Jewish tradition has been a source of moral guidance, for Jews and non-Jews alike. As the essays in this volume show, the theologians and practitioners of Judaism have a long history of wrestling with moral questions, responding to them in an open, argumentative mode that reveals the strengths and weaknesses of all sides of a question. The Jewish tradition also offers guidance for moral conduct by individuals, communities, and countries and shows how to motivate people to do the good and right thing. The Oxford Handbook of Jewish Ethics and Morality is a collection of original essays addressing these topics--historical and contemporary, as well as philosophical and practical--by leading scholars from around the world. The first section of the volume describes the history of the Jewish tradition's moral thought, from the Bible to contemporary Jewish approaches. The second part includes chapters on specific fields in ethics, including the ethics of medicine, business, sex, speech, politics, war, and the environment.


Natural Law in Judaism

Natural Law in Judaism

Author: David Novak

Publisher: Cambridge University Press

Published: 1998-11-26

Total Pages: 224

ISBN-13: 9780521631709

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Natural law is the idea that our basic moral principles apply to every human being, and are accessible to human reason. Most people have assumed that since Judaism seems to consist of a specific historical revelation and a specific tradition, that an idea such as natural law is foreign to it. This book shows that natural law is part of Judaism, and that it is consistent with its specific revelation and tradition. In this book, not only is the history of an idea shown with great accuracy, but the idea of natural law is presented as a way of conveying some of Judaism's meaning for life today.


Halakhah

Halakhah

Author: Chaim N. Saiman

Publisher: Princeton University Press

Published: 2020-09-29

Total Pages: 312

ISBN-13: 0691210853

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How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.


Jews, Sovereignty, and International Law

Jews, Sovereignty, and International Law

Author: Rotem Giladi

Publisher: Oxford University Press

Published: 2021

Total Pages: 355

ISBN-13: 019885739X

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By departing from accounts of a universalist component in Israel's early foreign policy, Rotem Giladi challenges prevalent assumptions on the cosmopolitan outlook of Jewish international law scholars and practitioners, offers new vantage points on modern Jewish history, and critiques orthodox interpretations of the Jewish aspect of Israel's foreign policy. Drawing on archival sources, the book reveals the patent ambivalence of two jurist-diplomats-Jacob Robinson and Shabtai Rosenne-towards three international law reform projects: the right of petition in the draft Human Rights Covenant, the 1948 Genocide Convention, and the 1951 Refugee Convention. In all cases, Rosenne and Robinson approached international law with disinterest, aversion, and hostility while, nonetheless, investing much time and toil in these post-war reforms. The book demonstrates that, rather than the Middle East conflict, Rosenne and Robinson's ambivalence towards international law was driven by ideological sensibilities predating Israel's establishment. In so doing, Jews, Sovereignty, and International Law disaggregates and reframes the perspectives offered by the growing scholarship on Jewish international lawyers, providing new insights concerning the origins of human rights, the remaking of postwar international law, and the early years of the UN.


Politics and the Limits of Law

Politics and the Limits of Law

Author: Menachem Lorberbaum

Publisher: Stanford University Press

Published: 2002-11-01

Total Pages: 232

ISBN-13: 0804780048

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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.