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.

The problem of God's subordination to laws of logic and mathematics in jewish philosophy and theology.

In this book, Lynn Kaye examines how rabbis of late antiquity thought about time through their legal reasoning and storytelling, and what these insights mean for thinking about time today. Providing close readings of legal and narrative texts in the Babylonian Talmud, she compares temporal ideas with related concepts in ancient and modern philosophical texts and in religious traditions from late antique Mesopotamia. Kaye demonstrates that temporal flexibility in the Babylonian Talmud is a means of exploring and resolving legal uncertainties, (...) as well as a tool to tell stories that convey ideas effectively and dramatically. Her book, the first on time in the Talmud, makes accessible complex legal texts and philosophical ideas. It also connects the literature of late antique Judaism with broader theological and philosophical debates about time. (shrink)

I address three key questions in Jewish theology that have come up in readers’ criticism of my book The Philosophy of Hebrew Scripture: How should we think about God’s revelation to man if, as I have proposed, the sharp distinction between divine revelation and human reason is alien to the Hebrew Bible and classical rabbinic sources? Is the biblical Law of Moses intended to be a description of natural law, suggesting the path to life and the good for (...) all nations? And what should be the role of the Jewish theologian, given the overwhelming prevalence of Christian conceptions of God and Scripture in contemporary theological discourse. (shrink)

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)

THE FREEHOF INSTITUTE OF PROGRESSIVE HALAKHAH The Freehof Institute of Progressive Halakhah is a creative research center devoted to studying and defining the progressive character of the halakhah in accordance with the principles and theology of Reform Judaism. It seeks to establish the ideological basis of Progressive halakhah, and its application to daily life. The Institute fosters serious studies, and helps scholars in various portions of the world to work together for a common cause. It provides an ongoing forum (...) through symposia, and publications including the quarterly newsletter, HalakhaH, published under the editorship of Walter Jacob, in the United States. The foremost halakhic scholars in the Reform, Liberal, and Progressive rabbinate along with some Conservative and Orthodox colleagues as well as university professors serve on our Academic Council. This collection of essays is the product of the symposia held in Atlanta and Pittsburgh in 1995 and 1996. This book follows the volumes DYNAMIC JEWISH LAW; Progressive Halakhah - Essence and Application (1991), RABBINIC -LAY RELATIONS IN JEWISH LAW (1993), CONVERSION TO JUDAISM IN JEWISH LAW (l994), DEATH AND EUTHANASIA INJEWISH LAW (1995) and THE FETUS AND FERTILITY IN JEWISH LAW (1995), ISRAEL AND THE DIASPORA IN JEWISH LAW (1997). It is part of a series whose subjects are diverse and the approaches taken by the authors are equally so. We wish to encourage wide ranging discussions of contemporary and historic themes. (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)

The article is dedicated to the politico-theological critique of Judaism from the position of Christianity. It shows the affinity of Marx’s early critique of liberal state and of Hannah Arendt’s criticism of formal legalistic thinking in the contemporary judicial treatment of Nazism (and of similar international political crimes). Marx’s critique of nation-state finds its unlikely continuation in Arendt’s critique of international law. The politico-theological argument is explicit in Marx and implicit in Arendt, but both develop the Hegelian criticism of liberal (...) state which shows its reliance on the abstract law, on the one hand, and on the egotistic abstract individual, on the other. The theological undercurrent of the argument is both sign of its limitations, and of the subsisting relevance of the politico-theological framework, even in the similarly novel circumstances of the twentieth century. It is only within and through the theological critique and critique of theology that these issues would stand a chance of resolution. (shrink)

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)

According to Jewish dietary laws, known as Kashrut, the meat and milk mixing in the same meal is prohibited. This article examines this prohibition from a theological and modern medical viewpoint.

In the context of the launch of a new theater company whose mission is to bring entertaining theological content to audiences in and around Jerusalem, Roy Doliner’s Divine Right was chosen as the company’s first production. This play about the Disputation of Barcelona balances historical accuracy and creative dramatic content in a satisfying and intellectually honest portrayal of the events of the Disputation for educated lay audiences. Many theological and dramaturgical issues arise, especially in producing a play with a high (...) level of Christian content and theology for mainly Orthodox or at least traditionally educated Jewish audiences. English speaking audience members in Jerusalem tend to be well-informed, both on the historical level and on the level of Jewish law and mores. This makes them exacting viewers, critical of inaccuracies of history or interpretation, wary of challenging positions but mostly willing to learn, and delighted by thorough research and characterization. This paper examines the technical, dramaturgical, and theological issues that arose during this production for the playwright, director, actors, and audiences. (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)

This chapter analyses Soren Kierkegaard's thought about the history of theology, discussing different notions of historical theology and evaluating how they apply to the way Kierkegaard engaged with history of theology. It explains the two key elements of the Kierkegaardian historical theology: tracking the process of decline from the Christianity of the New Testament to the enfeebled caricature that passed for Christianity in contemporary Denmark; and recovering the voices of the true Christians of the past who (...) genuinely followed Christ in suffering and martyrdom. (shrink)

Awareness of boundary, both physical and mental, is seen as the beginning of perception. In any account of the world, therefore, boundary must be a ubiquitous component. In sharp contrast, accounts of God within the Christian tradition commonly have proceeded by the affirmation that God is above and beyond boundary as infinite, timeless, and simple. To overcome this “problem of transcendence,” of how such a God can relate to such a world, an eight-term grammar of boundary is developed to demonstrate (...) how God as Trinity can properly be held to be without boundary yet constitute the ground of a bounded world. This leads to a way of granting theological significance to the origin and development of life. Life is seen to exist in dynamic, intentional relationships between context (“outside”) and intext (“inside”) across permeable boundaries through which an exchange of resources and information takes place for the sake of self-continuation. Comprehending life's distinctive utilization of boundary in terms of the grammar developed here enables life to be seen not only as a vestige of the Trinity but also, precisely because of this, as a sign and parable of redemption. (shrink)

The purpose of this article was to comprehensively explore the phenomenon of the narrative of the Decalogue in its fundamental principles in the context of the theological understanding of Jewish law. For this purpose abstract-logical methods, historical-legal, phenomenological, axiological, epistemological methods, method of critical and systematic analysis and method of comparative theology were used. The result is a theological understanding of the basic moral and legal principles and reducing to a single, systematic; a study of the correlation between (...) the normative and the moral side of such a narrative was conducted. Of particular importance is the establishment and isolation of the basic initial principle in the defined context that underlies both Sinai law and all the biblical law. Because with the change of historical realities, which coincided with the destruction of the Temple and the termination of sacrifices, the law has also changed. However, the biblical law was of particular ideological importance, it set the tone and revealed and formed the basic principles for the further development of all Jewish law. Therefore, in our study we have drawn attention to the main ideological features of the biblical laws, because in our opinion, the basic formative essence is hidden in them and only by understanding it − will we be able to understand Jewish law itself. However, the phenomenon of law and even more so of Jewish law, is one of the best regulators and exponents of the educational principle that is designed to raise a person in love. Of course, morality is called for it and it should take precedence over everything else, but the legal part should not be ignored. Law should serve as a socially just, integrative, fundamental, binding, most effective, most respected regulator. Therefore, the problem of combining legal principles and moral precepts for biblical law did not stand basically. The significant part of the adopted legal norms initially was characterized by moral prescriptions, confirmed and expressed by law. Such a transition, the shift from morality to law, and the close relationship between them are one inseparable whole. And apart from Halacha, which was responsible for the legal aspect, there were also the writings of the prophets whose task was to illuminate the transition from law to morality, because precisely morality is the essence of everything. Here is the true meaning of the existence of a legal expression of such an educational principle. Thus, the basic educational principle of the Decalogue, in particular, and of biblical law in general, was to educate a high-moral person who had restrictive precepts that would not allow him to fall into lawlessness, and the formative commandments that would allow a person to be educated in the search for God, and to stabilize himself in the godlike state commanded by God through Moses. That is the essence of the Decalogue and Jewish law. The educational principle, both basic and effective, though not so familiar to the modern understanding of the nature of law, is precisely the principle that laid down both the basis of the Decalogue and the foundation of all Jewish law at least in its biblical part. (shrink)

My key argument will be that by shifting the debate over Jewish emancipation from the plane of theology, where it had been traditionally fought, to the plane of sociology, Marx was able to circumvent one of Bauer's main arguments against emancipating the Jews. Bauer had contended that as a religion of law, not of faith, Judaism was by its very nature a public creed. It was incompatible, therefore, with life in a free state, where religion could only be (...) a private matter. Marx chose to ignore this argument, treat Judaism as no different from Christianity, and focus his discussion on the nature of the state on the one hand and on the role played by the Jews in civil society on the other. This was less than a satisfactory response to Bauer's argument, but it enabled Marx to present a powerful case for emancipation while, at the same time, launching his critique of economic alienation. Thus, the philosophical advances made by Marx in On the Jewish Question were necessitated by, and integrally related to, his commitment to Jewish emancipation. (shrink)

The theological energies released by Martin Luther in 1517 created a set of theological insights and problems that eventually led to the development of kenotic Christology. This article traces how kenotic Christology originated in the Eucharistic Controversy between Luther and Zwingli, before receiving its first extensive treatment in the debate between the Lutheran theologians of Tübingen and Giessen in,the early seventeenth century. Attention then turns to the nine-teenth century, when doctrinal tensions resulting from the enforced union of the Prussian Lutheran (...) and Reformed churches created the conditions for a new flowering of kenotic Christology in the theologies of Ernst Sartorius and, subsequently, Gottfried Thomasius. Kenotic Christology ultimately originates with Luther, however, for it owes its existence to the creative theological energies he unleashed and which remain his lasting legacy. (shrink)

This chapter provides a survey of Kierkegaard's views of systematic theology, doctrine, and dogmatics. It demonstrates that while Kierkegaard's view of theology is generally negative, for he regards it as a human enterprise created in order to avoid doing God's Word, his attitude to doctrine and dogmatics is nuanced and complex. Kierkegaard rejects doctrine insofar as it objectifies Christianity, but nevertheless generally accepts the classic doctrines of the Christian faith and sees no reason to reform them. This ambivalence (...) toward doctrine stems from his conviction that the task facing the believer is not to reflect on doctrine, but to appropriate and apply it existentially to his/her own individual existence. Similarly, although Kierkegaard rejects the efforts of contemporary dogmaticians, dogmatics itself is valid insofar as it reproduces the paradoxical character of Christianity and the decision between faith and offense with which Christian dogmas confront every human being. (shrink)

This essay examines the theology of the nineteenth century Danish theologian and churchman Hans Lassen Martensen, focusing on the disputed question of the kenotic character of Martensen's Christology. A survey of the scholarship on this question is followed by discussions of Martensen's doctrine of God and his Christology, giving particular attention to his controversial notion of the double life of the Logos, i. e. the view that the Logos continued to enjoy an unlimited divine existence in the sphere of (...) eternity while simultaneously living a limited, earthly human existence for the duration of the incarnation. The essay concludes by arguing that Martensen has developed a form of Nestorianism and that his Christology can best be classified as ‘Nestorian kenoticism,’ i. e. an eccentric and problematic form of Christology which affirms the abandonment by the logos ensarkos of the divine attributes during the incarnation, while at the same time insisting that the logos asarkos remains unaffected and in full possession of his powers. (shrink)

"Sweeping through the history of Western philosophy of law, [the author] deals with the metaphysical idea of potency as defined by Spinoza and Nietzsche, upsetting entrenched theories of jurisprudence. [The author] first addresses how the idea of potency can change the meaning of the power ascribed to an omnipotent God. This brings together classical Greek philosophy with Jewish biblical exegesis, which [the author] links through the juncture of Christianity. He then relates potency to the classical philosophical tradition in Aristotle's (...) 'Metaphysics' and its Arabic interpretations, particularly those of Ibn Rushd (Averroës). This leads [the reader] to the genesis of natural law theory in Western philosophy, from Augustine to Aquinas and from Duns Scotus to Ockham... [The author] examines the inherently problematic concept of political theology, pitting Spinozan-Nietzschean potency against Kant and Enlightenment natural law to reveal the weakness inherent in the Enlightenment system. Finally, [the author] applies the theories of Carl Schmitt to the philosophical rationalism of the Western tradition, showing [the reader] how it has failed to contain absolute power in a juridical sense."--. (shrink)

In 1979, on the thirty-ninth anniversary of the closing of the Franco-Spanish border at Port Bou and one day before the anniversary of the suicide of Walter Benjamin, Jacob Taubes and Carl Schmitt opened the Bible in the Sauerland. The two men sat down in Plettenburg to read St. Paul's Epistle to the Romans, chapters 9-11. As if in memory of Benjamin, they spoke “under a priestly seal”: Schmitt, the most important state law theorist of the twentieth century, a Roman (...) Catholic and sometime member of the Nazi Party; Taubes, a Jewish philosopher of a Messianic and oddly left-wing disposition.…. (shrink)

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.

In this book, Joseph Citron offers the first comprehensive analysis of Prague Rabbi Isaiah Horowitz's (1565-1629) magnum opus of Jewish ethical literature, the Shnei Luhot Ha-Berit. Citron's close philological analysis reveals the pioneering nature of the work in creating an organic Jewish theological system rooted in the mystical structures of Kabbalah, cultivating an orthodoxy in thought and legal practice based upon its principles. Emotion, psychology, self-actualisation and joy are all presented as essential facets of religious life, significantly influencing (...) the 17th-century Sabbatean movement, the 18th-century Hasidic movement, and the Orthodox movement of the 19th century. The book is essential for scholars and laypeople alike wishing to understand the evolution of European Judaism in the early modern period. (shrink)

This paper deals with the role of Judaism in Walter Benjamin's famous 1921 essay on violence and law, Zur Kritik der Gewalt. Despite the intense attention devoted to this essay, the role of Jewish myth in it has not yet been thoroughly explained. This study contends that the association between what Benjamin termed revolutionary violence and the Jewish messianic tradition, which plays a central role in the evaluation of Benjamin's text, is far more problematic than has hitherto been (...) assumed, and poses a serious challenge, which has not been fully examined in its historical context. Second, this essay claims that the subversive elements that many have supposedly found in Benjamin's text and the attempts to link these elements to messianic traditions are also unconvincing. Third, the paper contextualizes Benjamin's thought within the framework of the Jewish political–theological debate of the period. It contends that Benjamin's theory of law and justice should be understood not as a revolutionary, anti-republican text, as has been generally accepted, but as a secularized conservative orthodox one. In doing so, it seeks to shed light not only on Benjamin's early thinking and its influences, but also on the neglected element of Jewish orthodoxy within the broader topic of political theology. (shrink)

This article reviews the thoughts of some major Jewish philosophers. It presents a case study of Jewish philosophical theology, which demonstrates how Maimonides explicates the reasons for the revealed commandments. Prima facie, some of the commandments appear to be quite arbitrary and irrational, and it is shown how Maimonides deals with this. Further, this ‘theoretical’ discussion in legal philosophy about the reasons for the commandments has manifestly practical implications, specifically aretaic implications about the inculcation and establishment of (...) certain dispositions. Jewish philosophical theology muddies the grand dichotomy of theory and practice. Study is commanded for the sake of moral and social reform. And the law itself becomes most effective in a human life when obedience follows on consideration of its grounds. (shrink)

Jesus’ instruction to the crowds in Matthew 23:3 to obey and do everything the teachers of the Law and the Pharisees tell them comes as a surprise. It is the only case in Matthew where the words of the Jewish leaders are seemingly portrayed in a positive light. If this portrayal indeed is positive, it seems to stand in tension with how Matthew construes these leaders and their teachings in the rest of the gospel. Jesus’ positive remark furthermore seemingly (...) stands in contrast with Matthew 28:20, where Jesus claims all authority to himself and instructs his disciples to teach all the nations to obey everything he has commanded them. The question therefore arises as to how this seemingly positive reference of Jesus, which apparently stands in contrast with Jesus’ criticism in the rest of the gospel, should be interpreted. In answering this question, an intra-textual approach is followed. (shrink)

"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.

This paper deals with the role of Judaism in Walter Benjamin's famous 1921 essay on violence and law, Zur Kritik der Gewalt. Despite the intense attention devoted to this essay, the role of Jewish myth in it has not yet been thoroughly explained. This study contends that the association between what Benjamin termed revolutionary violence and the Jewish messianic tradition, which plays a central role in the evaluation of Benjamin's text, is far more problematic than has hitherto been (...) assumed, and poses a serious challenge, which has not been fully examined in its historical context. Second, this essay claims that the subversive elements that many have supposedly found in Benjamin's text and the attempts to link these elements to messianic traditions are also unconvincing. Third, the paper contextualizes Benjamin's thought within the framework of the Jewish political–theological debate of the period. It contends that Benjamin's theory of law and justice should be understood not as a revolutionary, anti-republican text, as has been generally accepted, but as a secularized conservative orthodox one. In doing so, it seeks to shed light not only on Benjamin's early thinking and its influences, but also on the neglected element of Jewish orthodoxy within the broader topic of political theology. (shrink)

ABSTRACTA primary theme in Leo Strauss’s early work is how medieval Jewish and Islamic political philosophy, while influenced by Plato, differs from him in crucial ways. This theme is central to Strauss’s 1935 book Philosophy and Law. Philosophy and Law concerns the medieval ‘philosophic foundation of the law,’ which provides a rational justification of revelation. For Strauss, the foundation provides this justification by virtue of some difference it has from Plato. In this paper, I offer a new interpretation of (...) Strauss’s view of this difference. I suggest that, for Strauss, whereas Plato conceived of the legislator and his legislation, the foundation conceives of the sovereign and his sovereign laws. On this basis, I also suggest a solution to a perennial mystery of Philosophy and Law: Strauss claims that the medieval foundation reveals ‘ultra-modern thoughts,’ yet does not explicitly state the identity of these thoughts. I suggest that their author is Carl Schmitt. (shrink)

This edited volume examines the realizations between theological considerations and natural law theorizing, from Plato to Spinoza.Theological considerations have long had a pronounced role in Catholic natural law theories, but have not been as thoroughly examined from a wider perspective. The contributors to this volume take a more inclusive view of the relation between conceptions of natural law and theistic claims and principles. They do not jointly defend one particular thematic claim, but articulate diverse ways in which natural law has (...) both been understood and related to theistic claims.In addition to exploring Plato and the Stoics, the volume also looks at medieval Jewish thought, the thought of Aquinas, Scotus, and Ockham, and the ways in which Spinoza's thought includes resonances of earlier views and intimations of later developments. Taken as a whole, these essays enlarge the scope of the discussion of natural law through study of how the naturalness of natural law has often been related to theses about the divine. The latter are often crucial elements of natural law theorizing, having an integral role in accounting for the metaethical status and ethical bindingness of natural law. At the same time, the question of the relation between natural law and God-and the relation between natural law and divine command-has been addressed in a multiplicity of ways by key figures throughout the history of natural law theorizing, and these essays accord them the explanatory significance they deserve. (shrink)