Law and Truth in Biblical and Rabbinic Literature

Law and Truth in Biblical and Rabbinic Literature PDF

Author: Chaya T. Halberstam

Publisher: Indiana University Press

Published: 2010-01-26

Total Pages: 240

ISBN-13: 0253003989

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How can humans ever attain the knowledge required to administer and implement divine law and render perfect justice in this world? Contrary to the belief that religious law is infallible, Chaya T. Halberstam shows that early rabbinic jurisprudence is characterized by fundamental uncertainty. She argues that while the Hebrew Bible created a sense of confidence and transparency before the law, the rabbis complicated the paths to knowledge and undermined the stability of personal status and ownership, and notions of guilt or innocence. Examining the facts of legal judgments through midrashic discussions of the law and evidence, Halberstam discovers that rabbinic understandings of the law were riddled with doubt and challenged the possibility of true justice. This book thoroughly engages law, narrative, and theology to explicate rabbinic legal authority and its limits.

What's Divine about Divine Law?

What's Divine about Divine Law? PDF

Author: Christine Hayes

Publisher: Princeton University Press

Published: 2017-05-09

Total Pages: 430

ISBN-13: 0691176256

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How ancient thinkers grappled with competing conceptions of divine law In the thousand years before the rise of Islam, two radically diverse conceptions of what it means to say that a law is divine confronted one another with a force that reverberates to the present. What's Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition—Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis—struggled to make sense of this conflicting legacy. Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West. A stunning achievement in intellectual history, What's Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture.

The Cambridge Companion to Judaism and Law

The Cambridge Companion to Judaism and Law PDF

Author: Christine Hayes

Publisher: Cambridge University Press

Published: 2017-02-17

Total Pages: 439

ISBN-13: 1107036151

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The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.

Narrating the Law

Narrating the Law PDF

Author: Barry Wimpfheimer

Publisher: University of Pennsylvania Press

Published: 2011-07-19

Total Pages: 249

ISBN-13: 0812242998

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In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.

Biblical Narrative and the Formation of Rabbinic Law

Biblical Narrative and the Formation of Rabbinic Law PDF

Author: Jane L. Kanarek

Publisher: Cambridge University Press

Published: 2014-07-31

Total Pages: 225

ISBN-13: 1139952625

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This book presents a new framework for understanding the relationship between biblical narrative and rabbinic law. Drawing on legal theory and models of rabbinic exegesis, Jane L. Kanarek argues for the centrality of biblical narrative in the formation of rabbinic law. Through close readings of selected Talmudic and midrashic texts, Kanarek demonstrates that rabbinic legal readings of narrative scripture are best understood through the framework of a referential exegetical web. She shows that law should be viewed as both prescriptive of normative behavior and as a meaning-making enterprise. By explicating the hermeneutical processes through which biblical narratives become resources for legal norms, this book transforms our understanding of the relationship of law and narrative as well as the ways in which scripture becomes a rabbinic document that conveys legal authority and meaning.

Biblical Narrative and the Formation of Rabbinic Law

Biblical Narrative and the Formation of Rabbinic Law PDF

Author: Jane L. Kanarek

Publisher: Cambridge University Press

Published: 2014-07-31

Total Pages: 225

ISBN-13: 1107047811

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This book presents a new framework for understanding the relationship between biblical narrative and rabbinic law. Drawing on legal theory and models of rabbinic exegesis, Jane L. Kanarek argues for the centrality of biblical narrative in the formation of rabbinic law. Through close readings of selected Talmudic and midrashic texts, Kanarek demonstrates that rabbinic legal readings of narrative scripture are best understood through the framework of a referential exegetical web. She shows that law should be viewed as both prescriptive of normative behavior and as a meaning-making enterprise. By explicating the hermeneutical processes through which biblical narratives become resources for legal norms, this book transforms our understanding of the relationship of law and narrative as well as the ways in which scripture becomes a rabbinic document that conveys legal authority and meaning.

Theory and Practice in Essene Law

Theory and Practice in Essene Law PDF

Author: Aryeh Amihay

Publisher: Oxford University Press

Published: 2017

Total Pages: 257

ISBN-13: 0190631015

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"Presenting a novel approach for the study of law in the Dead Sea scrolls, this book is conveniently divided into concepts and practices, highlighting the discrepancies between the two. A valuable study for anyone interested in Jewish law, legal history, sectarianism and communal life"--

Purity, Body, and Self in Early Rabbinic Literature

Purity, Body, and Self in Early Rabbinic Literature PDF

Author: Mira Balberg

Publisher: Univ of California Press

Published: 2014-02-15

Total Pages: 277

ISBN-13: 0520958217

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This book explores the ways in which the early rabbis reshaped biblical laws of ritual purity and impurity and argues that the rabbis’ new purity discourse generated a unique notion of a bodily self. Focusing on the Mishnah, a Palestinian legal codex compiled around the turn of the third century CE, Mira Balberg shows how the rabbis constructed the processes of contracting, conveying, and managing ritual impurity as ways of negotiating the relations between one’s self and one’s body and, more broadly, the relations between one’s self and one’s human and nonhuman environments. With their heightened emphasis on subjectivity, consciousness, and self-reflection, the rabbis reinvented biblically inherited language and practices in a way that resonated with central cultural concerns and intellectual commitments of the Greco-Roman Mediterranean world. Purity, Body, and Self in Early Rabbinic Literature adds a new dimension to the study of practices of self-making in antiquity by suggesting that not only philosophical exercises but also legal paradigms functioned as sites through which the self was shaped and improved.