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

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

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)

Papers presented at the IVR 11th World Congress, Helsinki, 1983.

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)

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)

First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

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)

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)

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)

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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.

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further (...) study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the 'natural law theory' of one of the religious traditions of medieval philosophy-Jewish, Islamic, Byzantine, and Latin-and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua. (shrink)

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

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.

A Philosophy of Mitzvot by Rabbi Dr. Gersion Appel sets forth the Hinnukh's objectives and his approach to revealing the religious and ethical meaning of the mitzvot. In his wide-ranging study, the author presents a comprehensive view of Jewish philosophy as developed by the Hinnukh and the classical Jewish philosophers. The Hinnukh emerges in this study as a great educator and moral and religious guide, and his classic work as a treasure-trove of Jewish knowledge, religious (...) inspiration, and brilliant insight in the molding of human character. (shrink)

The Erez Series, A Concise Guide to Mahshava contains an anthology of passages that address profound questions that have challenged the greatest minds throughout Jewish history. We focus not only on the content of the passages and descriptions of events, but on responses to questions such as: Why? What is the meaning of this? Much of the material brought here relates to the content of the other books in this series, but this volume also contains a selection of various (...) problems and responses to general questions relating to the nation and the individual, to life, fate, and purpose. Essentially, one will find here a series of meditations and contemplations that are relevant to anyone insofar as he contemplates his own humanity. The book draws from the writings of many authors that relate, each in their own way, to these essential questions. The array of sources includes works composed since the time of the Sages, beginning approximately in the eighth century, until the twentieth century. One will also find here thoughts and ideas from people who lived more recently, up to the present day. Features: Carefully curated sources from the wide variety of Jewish approaches Summaries and explanations that distill complex concepts Concise biographies of the great thinkers of Jewish history Aphorisms and poetry that add layers of meaning English bibliography - delve further into texts that pique your curiosity Full integration with other Concise Guide volumes The Erez Series is comprised of the Concise Guides to the full gamut of Jewish thought, from the Torah to modern halakha (Jewish law) and Mahshava (Jewish philosophy). The late Rabbi Adin Even Israel Steinsaltz zt"l was one of the leading thinkers of the modern age and the most prolific author of Jewish thought and commentary since the middle ages. The Erez Series distills the essence of 4 of the principal schools of the Jewish tradition Torah, the Sages (Hazal), Halakha, and Mahshava as a tool for review or introduction to the world of Jewish thought. (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)

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)

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

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)

Hermann Cohen (1842-1918), the author of Religion of Reason Out of the Sources of Judaism, is the pivotal figure of late nineteenth and early twentieth-century Jewish philosophy and theology. The Jewish thinkers influenced by him include Franz Rosenzweig, Martin Buber, Mordecai Kaplan, Joseph Soloveitchik, and Emmanuel Levinas. A thoroughgoing rationalist, Cohen was an opponent of mythology and mysticism, which he viewed as cheapening and corrupting religion. Cohen summoned Jews back to the truths of reason, the centrality of (...) ethics, the primacy of humanity in theology, and the moral law as the essence of religious life and thought. What is essential to Cohen is the notion that God can be discovered by the processes of reason itself. It is not necessary to "believe" in God. God can be known through the exercise of reason and the pursuit of the ethical life. In this important study, Rabbi Jehuda Melber presents a comprehensive reformulation, analysis, and interpretation of Cohen's philosophy of Judaism for the contemporary reader. Book jacket. (shrink)

What's the best way to raise good citizens – individuals who will do the right thing even in the most challenging of circumstances? I argue that philosophy has an important role to play.

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)

In a secular society, does Christmas mean anything anymore? As we stuff ourselves with plumped-up turkeys, unwrap the latest useless gadget, and gather round the family tree, what real relevance does the festive season have and why do we perpetuate it? The Philosophy of Christmas is designed to be a fun book but one underpinned by an exploration of serious philosophical issues. The way we celebrate Christmas says a lot about the way we relate to each other, our society (...) and values. For instance, did you know that Santa's outfit is only red and white because those are the colours of the Coca Cola company? Already a bestselling author, Stephen Law takes a look at such things as the virgin birth (David Hume's theories on miracles), Bertrand Russell's turkey, the existential angst of Santa, and peace on earth to produce a humourous, varied and thought-provoking collection. (shrink)

In classical American pragmatism, fallibilism refers to the conception of truth as an ongoing process of improving human knowledge that is nevertheless susceptible to error. This paper traces appearances of fallibilism in Jewish thought in general, and particularly in the halakhic thought of Eliezer Berkovits. Berkovits recognizes the human condition’s persistent mutability, which he sees as characterizing the ongoing effort to interpret and apply halakhah in shifting historical and social contexts as Torat Ḥayyim. In the conclusion of the article, (...) broader questions and observations are raised regarding Jewish tradition, fallibility, and modernity, and the interaction between Judaism and pragmatism in the history of ideas. (shrink)

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

This discussion develops six of the most important guiding principles of classical Jewish business ethics and illustrates their application to a complex recent case of product liability. These principles are: (1) the legitimacy of business activity and profit; (2) the divine origin and ordination of wealth (and hence the limits and obligations of human ownership); (3) the preeminent position in decision making given to the protection and preservation (sanctity) of human life; (4) the protection of consumers from commercial harm; (...) (5) the avoidance of fraud and misrepresentation in sales transactions; and (6) the moral requirement to go beyond the letter of the law. Although these Talmudic principles are clearly obligatory only for “Torah-obedient” Orthodox and Hasidic Jews, many Jews share a sensibility informed by them. Non-Jews, too, may be instructed by Jewish teachings about business ethics. (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)