Jewish Legal Theories

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.

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.

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, often symbolized by Judaism, raised by contemporary feminists and by philosophers who are animated by recent interpretations of Paul through actual engagement with the Jewish legal tradition. The volume consists of three parts. The first focuses on the critique of positivism, its implications, and the new directions that it opens up for the analysis of Jewish law. The second part takes stock of recent methodological developments in the study of Jewish legal texts and investigates the relation between Jewish law and the disciplines, including history, literary theory, ritual studies, the digital humanities, as well as traditional approaches to Jewish learning. It concludes with a reflection on these interdisciplinary contributions from the perspective of legal theory. The third part explores the connections among Jewish law, philosophy, and culture critique. It assesses the relation or lack thereof between Jewish law and modern Jewish thought, and examines specific issues of philosophical interest, including truth and normativity. It also investigates the image of Jewish law in the contemporary critique of law as well as how Jewish law could productively contribute to that debate. It concludes with a reflection on these studies from the perspective of philosophy of law.

The Unfolding Tradition: Jewish Law After Sinai presents different approaches to understanding how Jewish law should be interpreted and applied in our time, as articulated by leading rabbis of the Conservative movement. The book includes readings by Zacharias Frankel, Solomon Schechter, Mordecai Kaplan, Robert Gordis, Jacob Agus, Abraham Joshua Heschel, David M. Gordis, Louis Jacobs, Joel Roth, Neil Gillman, Edward Feld, Alana Suskin, Raymond Scheindlin and Gordon Tucker, as well as theorists on the right and the left of the Conservative movement. Teh book also compares Jewish and American law, and asks questions about the nature of legal systems, the relationship between law and religion, and the evolution of law.

“This is obviously the most significant book of the year for Conservative Jews. But, going further, I think it is a must-read for any Jew who takes his/her relationship to Jewish law seriously.” -- Jewish Herald-Voice; “This book is a serious attempt by a serious scholar to address contemporary issues facing Conservative Jews.” -- Jewish Book World Every generation of Jews in every denomination of Judaism finds itself facing complex legal questions. The status of same-sex unions and the plight of the agunah (a woman who cannot obtain a divorce), are just two of a myriad of thorny questions Jewish legal experts grapple with today. These are not esoteric problems but issues with a profound impact on the daily happiness of countless people. How do the rabbis who draft responses to these questions reach their conclusions? What informs their decisions and their approach to Jewish law? Acclaimed writer and legal expert Elliot Dorff addresses these and other questions in this intelligent, accessible guide to the philosophy behind Jewish law. In his view, Jewish law is an expression of the love we have for God and for our fellow human beings. This theme permeates his discussion of important aspects of the law. For example, what motivates modern Jews to follow Jewish law? How does Jewish law strike the balance between continuity and change? On what grounds and under what circumstances do human beings have the authority to interpret or even change God's laws? Dorff also offers a systematic comparison of Jewish law and U.S. law, based on his course on this subject at UCLA School of Law. Whether you are a lawyer or simply interested in the philosophy behind recent rabbinic decisions, this is a book that will deepen your understanding of the Jewish legal system and its role in the modern world.

First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

This book presents a series of authoritative discussions of the application of Jewish tradition to contemporary social and political issues.