Tag Archives: Jewish Law

David, “Jurisprudence and Theology in Late Ancient and Medieval Jewish Thought”

This month, Springer releases “Jurisprudence and Theology in Late Ancient and Medieval Jewish Thought” by Joseph E. David (University of Oxford). The publisher’s description follows:

The book provides in depth studies of two epistemological aspects of Jewish  Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering.

-   How different are the epistemological concerns of religious-law in comparison to other legal systems?
–   In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions?
–  What specifies legal reasoning and legal knowledge in a religious framework?

The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand, and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework.

The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.

Attias, “The Jews and the Bible”

In November, Stanford University Press will release “The Jews and the Bible” by Jean-Christophe Attias (École pratique des hautes études, Sorbonne, Paris). The publisher’s description follows:

Despite its deceptively simple title, this book ponders the thorny issue of the place of the Bible in Jewish religion and culture. By thoroughly examining the complex link that the Jews have formed with the Bible, Jewish scholar Jean-Christophe Attias raises the uncomfortable question of whether it is still relevant for them.

Jews and the Bible reveals how the Jews define themselves in various times and places with the Bible, without the Bible, and against the Bible. Is it divine revelation or national myth? Literature or legislative code? One book or a disparate library? Text or object? For the Jews, over the past two thousand years or more, the Bible has been all that and much more. In fact, Attias argues that the Bible is nothing in and of itself. Like the Koran, the Bible has never been anything other than what its readers make of it. But what they’ve made of it tells a fascinating story and raises provocative philosophical and ethical questions.

The Bible is indeed an elusive book, and so Attias explores the fundamental discrepancy between what we think the Bible tells us about Judaism and what Judaism actually tells us about the Bible. With passion and intellect, Attias informs and enlightens the reader, never shying away from the difficult questions, ultimately asking: In our post-genocide and post-Zionist culture, can the Bible be saved?

Lorberbaum, “In God’s Image: Myth, Theology, and Law in Classical Judaism”

In November, Cambridge University Press will release “In God’s Image: Myth, Theology, and Law in Classical Judaism” by Yair Lorberbaum (Bar-Ilan University, Israel). The publisher’s description follows:

The idea of creation in the divine image has a long and complex history. While its roots apparently lie in the royal myths of Mesopotamia and Egypt, this book argues that it was the biblical account of creation presented in the first chapters of Genesis and its interpretation in early rabbinic literature that created the basis for the perennial inquiry of the concept in the Judeo-Christian tradition. Yair Lorberbaum reconstructs the idea of the creation of man in the image of God (tselem Elohim) attributed in the Midrash and the Talmud. He analyzes meanings attributed to tselem Elohim in early rabbinic thought, as expressed in Aggadah, and explores its application in the normative, legal, and ritual realms.

Kochen, “Organ Donation and the Divine Lien in Talmudic Law”

In September, Cambridge University Press will release Organ Donation and the Divine Lien in Talmudic Law by Madeline Kochen (University of Michigan Law School).  The publisher’s description follows:

Organ Donation and the Divine LienThis book offers a new theory of property and distributive justice derived from Talmudic law, illustrated by a case study involving the sale of organs for transplant. Although organ donation did not exist in late antiquity, this book posits a new way, drawn from the Talmud, to conceive of this modern means of giving to others. Our common understanding of organ transfers as either a gift or sale is trapped in a dichotomy that is conceptually and philosophically limiting. Drawing on Maussian gift theory, this book suggests a different legal and cultural meaning for this property transfer. It introduces the concept of the “divine lien,” an obligation to others in need built into the definition of all property ownership. Rather than a gift or sale, organ transfer is shown to exemplify an owner’s voluntary recognition and fulfillment of this latent property obligation.

Diamond, “Maimonides and the Shaping of the Jewish Canon”

In July, Cambridge University Press will release Maimonides and the Shaping of the Jewish Canon, by James A. Daimond (University of Waterloo, Ontario). The publisher’s description follows:

Jewish thought since the Middle Ages can be regarded as a sustained dialogue with Moses Maimonides, regardless of the different social, cultural, and intellectual environments in which it was conducted. Much of Jewish intellectual history can be viewed as a series of engagements with him, fueled by the kind of “Jewish” rabbinic and esoteric writing Maimonides practiced. This book examines a wide range of theologians, philosophers, and exegetes who share a passionate engagement with Maimonides, assaulting, adopting, subverting, or adapting his philosophical and jurisprudential thought. This ongoing enterprise is critical to any appreciation of the broader scope of Jewish law, philosophy, biblical interpretation, and Kabbalah. Maimonides’s legal, philosophical, and exegetical corpus became canonical in the sense that many subsequent Jewish thinkers were compelled to struggle with it in order to advance their own thought. As such, Maimonides joins fundamental Jewish canon alongside the Bible, the Talmud, and the Zohar.

Coogan, “The Ten Commandments”

This month, Yale University Press released The Ten Commandments: A Short 9780300178715History of an Ancient Text, by Michael Coogan (Harvard Divinity School). The publisher’s description follows:

In this lively and provocative book, Michael Coogan guides readers into the ancient past to examine the iconic Ten Commandments, also known as the Decalogue. How, among all the laws reportedly given on Mount Sinai, did the Ten Commandments become the Ten Commandments? When did that happen? There are several versions of the Decalogue in the Old Testament, so how have different groups determined which is the most authoritative? Why were different versions created?

Coogan discusses the meanings the Ten Commandments had for audiences in biblical times and observes that the form of the ten proscriptions and prohibitions was not fixed—as one would expect since they were purported to have come directly from God—nor were the Commandments always strictly observed. In later times as well, Jews and especially Christians ignored and even rejected some of the prohibitions, although the New Testament clearly acknowledges the special status of the Ten Commandments. Today it is plain that some of the values enshrined in the Decalogue are no longer defensible, such as the ownership of slaves and the labeling of women as men’s property. Yet in line with biblical precedents, the author concludes that while a literal observance of the Ten Commandments is misguided, some of their underlying ideals remain valid in a modern context.

Center Sponsors Successful Joint Colloquium with Villanova Law School

Here’s an article, from the St. John’s Law School website, on the inaugural session of the Joint Colloquium in Law and Religion, which the Center hosted with Villanova Law School this semester. The Joint Colloquium, which featured leading law and religion scholars, used innovative “virtual classroom” technology to allow students and faculty at both schools to participate simultaneously through a synchronous video link.

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Joint Colloquium with Michael Walzer

From the article:

Michael Walzer (Institute for Advanced Studies) discussed the ethics of war in classical and contemporary Jewish law. Legal historian Sarah Barringer Gordon (University of Pennsylvania) explained how the availability of the corporate form empowered African-American congregations in the early national period. Kristine Kalanges (Notre Dame University School of Law) explored the relationship between Islamic law and contemporary ideas about constitutionalism and human rights. Kent Greenawalt (Columbia Law School) and Donald L. Drakeman (Cambridge University) both presented papers on Originalism. Greenawalt argued that factors other than the original understanding inevitably will and should play an important role in constitutional interpretation. Drakeman offered a methodological middle ground, one that takes account of both original intent and original meaning. Steven D. Smith (University of San Diego School of Law) critiqued the standard account of American religious freedom, and asked whether religious freedom in America today is suffering a decline.

The virtual classroom enriched the discussions by allowing for a fruitful exchange between participants at the two host schools. After the speakers presented their papers, students had the opportunity to ask questions and present their own insights and opinions on the issues.

This was our first experience with virtual classroom technology, and it was highly successful. You can read more about the joint colloquium, and view a photo gallery, here. Thanks to everyone who made it possible, and see you next time!

 

Kanarek, “Biblical Narrative and the Formation of Rabbinic Law”

This June, Cambridge University Press will publish Biblical Narrative and the Formation of Rabbinic Law by Jane L. Kanarek (Hebrew College). The publisher’s description follows.biblical

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.

Mirsky, “Rav Kook”

Last month, Yale University Press published Rav Kook: Mystic in a Time of Revolution by Yehudah Mirsky (Brandeis University).  The publisher’s Rav Kookdescription follows.

Rav Abraham Isaac Kook (1865–1935) was one of the most influential—and controversial—rabbis of the twentieth century. A visionary writer and outstanding rabbinic leader, Kook was a philosopher, mystic, poet, jurist, communal leader, and veritable saint. The first chief rabbi of Jewish Palestine and the founding theologian of religious Zionism, he struggled to understand and shape his revolutionary times. His life and writings resonate with the defining tensions of Jewish life and thought.

A powerfully original thinker, Rav Kook combined strict traditionalism and an embrace of modernity, Orthodoxy and tolerance, piety and audacity, scholasticism and ecstasy, and passionate nationalism with profound universalism. Though little known in the English-speaking world, his life and teachings are essential to understanding current Israeli politics, contemporary Jewish spirituality, and modern Jewish thought. This biography, the first in English in more than half a century, offers a rich and insightful portrait of the man and his complex legacy. Yehudah Mirsky clears away widespread misunderstandings of Kook’s ideas and provides fresh insights into his personality and worldview. Mirsky demonstrates how Kook’s richly erudite, dazzlingly poetic writings convey a breathtaking vision in which “the old will become new, and the new will become holy.”

Joint Colloquium on Law and Religion

This semester, the Center for Law and Religion at St. John’s and Villanova Law School are teaming up to host the Joint Colloquium in Law and Religion. The course invites leading law and religion scholars to make presentations to an audience of selected students and faculty. The schools will be connected in real time by video link so that students and faculty at both schools can participate in a virtual classroom experience. At St. John’s, the colloquium will be hosted by Mark Movsesian and Marc DeGirolami, the Director and Associate Director of the Center. Vice Dean and Professor Michael Moreland will host at Villanova.

The following speakers have confirmed:

January 27, 2014 (at St. John’s)
Michael Walzer, Institute for Advanced Study
The Ethics of Warfare in the Jewish Tradition

February 10, 2014 (at Villanova)
Sarah Barringer Gordon, University of Pennsylvania Law School
The African Supplement: Religion, Race, and Corporate Law in the Early Republic

February 24, 2014 (at St. John’s)
Kent Greenawalt, Columbia Law School
Original Understanding: What is Relevant and How Much Does It Matter?

March 17, 2014 (at St. John’s)
Donald L. Drakeman, Cambridge University
Which Original Meaning of the Establishment Clause is the Right One?

March 31, 2014 (at St. John’s)
Kristine Kalanges, Notre Dame Law School
Transcendence and the Just Order

April 14, 2014 (at Villanova)
Steven D. Smith, University of San Diego Law School
Topic TBD

For more information, or if you would like to attend any of the sessions, please email one of the colloquium’s organizers:

Marc DeGirolami | degirolm@stjohns.edu
Mark Movsesian | movsesim@stjohns.edu
Michael Moreland | moreland@law.villanova.edu