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Jewish Law
New Perspectives on Jewish Law combines the detailed work characteristic of scholarship on Jewish law with an orientation towards its broader academic and cultural significance. It shifts the study of Jewish law from its focus on legal doctrine and history to legal theory, achieving in the process a more sophisticated understanding of law that will benefit both the legal academy and Jewish studies. By employing the framework of legal theory, it similarly corrects an over-emphasis on the metaphysical presuppositions and philosophical implications of Jewish law, which has tended to cast it as exceptional relative to other legal systems. Moreover, it answers to old-new anxieties about law, ofte...
Women and Gender in Jewish Philosophy
Women and Gender in Jewish Philosophy is the first systematic attempt to interpret the Jewish philosophical tradition in light of feminist philosophy and to engage feminist philosophy from the perspective of Jewish philosophy. Written by Jewish women who are trained in philosophy, the 13 original essays presented here demonstrate that no analysis of Jewish philosophy (historical or constructive) can be adequate without attention to gender categories. The essays cover the entire Jewish philosophic tradition from Philo, through Maimonides, to Levinas, and they rethink the subdisciplines of Jewish philosophy, including metaphysics, epistemology, ethics, political theory, and theology. This volume offers an invitation for a new conversation between feminist philosophy and Jewish philosophy as well as a novel contribution to contemporary Jewish philosophy. Contributors are Leora Batnitzky, Jean Axelrad Cahan, Idit Dobbs-Weinstein, Claire Elise Katz, Nancy Levene, Sandra B. Lubarsky, Sarah Pessin, Randi Rashkover, Heidi Miriam Ravven, T. M. Rudavsky, Suzanne Last Stone, Hava Tirosh-Samuelson, and Laurie Zoloth.
Halakhah
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.
The Myth of the Cultural Jew
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. A cultural analysis paradigm provides a useful way of understanding the Jewish tradition as the product of both legal precepts and cultural elements. This paradigm sees law and culture as inextricably intertwined and historically specific. This perspective also emphasizes the human element of law's composition and the role of existing power dynamics in shaping Jewish law. ...
Positive Freedom and the Law
This book explains why we should stop thinking of freedom as limited to a right to be left alone. It explores how Kantian philosophy and Jewish thought instead give rise to a concept of positive freedom. At heart, freedom is inextricably linked to the obligation to respect the autonomy and dignity of others. Freedom thus requires relationships with others and provides an important source of meaning in liberal democratic societies. While individualism is said to foster detachment, positive freedom fosters relations. Moving from moral theory to law, duties are seen as intrinsic to rights. The book considers test cases involving the law of expression, regarding authorial rights and women's prayer at Jerusalem's holy site of the Western Wall. Affirmative duties of respect are essential. Rights held by copyright owners require that all authors – including so-called users – are shown respect. Moreover, rights held by the authorities at the Western Wall require that all worshippers – including those whose interpretation of Jewish law differs from that adopted by the authorities – are respected.
Mapping the Legal Boundaries of Belonging
This collection of essays explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries.
The Islamic Marriage Contract
It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide. Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.
Ḥiddushim
A Centennial, writes Hebrew College President Rabbi Sharon Cohen Anisfeld, “is an invitation to reflect on the last century of teaching and learning at Hebrew College, to ask ourselves what has changed and what has endured, to explore accomplishments and share ongoing struggles, to articulate our aspirations for the next one hundred years.” A compilation of captivating essays on Jewish studies alongside powerful personal memoirs from the College’s earliest years until today, Ḥiddushim captures and celebrates the spirit of a learning community connected to its source and brimming with spiritual and intellectual creativity as it carries forward its legacy of rootedness and renewal into the future.
The Sacraments of the Law and the Law of the Sacraments
Sacraments are powerful actions. With their help, law, religion, and other social practices change our social world.
Law as Religion, Religion as Law
The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.
