This February, Oxford University Press will release “The Myth of the Cultural Jew: Culture and Law in Jewish Tradition” by Roberta Rosenthal Kwall (DePaul University College of Law). The publisher’s description follows:
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.
In light of this inevitable intersection between culture and law, The Myth of the Cultural Jew: Culture and Law in Jewish Tradition argues that Jewish culture is shallow unless it is grounded in Jewish law. 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. Her paradigm explains why both law and culture must matter to those interested in forging meaningful Jewish identity and transmitting the tradition.
In January, Oxford University Press will release “The Oxford Encyclopedia of the Bible and Law” edited by Brent Strawn (Emory University). The publisher’s description follows:
The Oxford Encyclopedia of the Bible and Law (OEBL) provides the most up-to-date and extensive treatment of the Bible and law yet attempted, both updating and expanding the scope of previous scholarship in the field. In comprehensive overviews, scholars at the forefront of biblical studies and law address three foci: biblical law itself–its nature, collections, and genres; the ancient contexts of biblical law, throughout the ancient Mediterranean (ancient Near Eastern, Greco-Roman, and Early Jewish); and the afterlife and influence of biblical law in antiquity and in modern jurisprudence around the world. Essays include treatments of the Book of the Covenant, the Ten Commandments, the Sermon on the Mount, Greek Law, and the Laws of Hammurapi, but also testimony and witness, property, ritual, rhetoric, gender, and sexual legislation.
Next month, Routledge Press will release “Windows onto Jewish Legal Culture: Fourteen Exploratory Essays” edited by Hanina Ben-Menahem (Hebrew University of Jerusalem), Arye Edrei (Tel Aviv University), and Neil S. Hecht (Boston University School of Law). The publisher’s description follows:
This book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure.
Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life.
Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.
This month, Brill Publishers releases “Protocols of Justice: The Pinkas of the Metz Rabbinic Court 1771-1789” by Jay R. Berkovitz (University of Massachusetts, Amherst). The publisher’s description follows:
Presented here to the public for the first time, the Pinkas of the Metz Beit Din is the official register of civil cases that came before the Metz rabbinic court in the two decades prior to the French Revolution. Brimming with details of commercial transactions, inheritance disputes, women’s roles in economic life, and the interplay between French law and Jewish law, the Metz Pinkas offers remarkable evidence of the engagement of Jews with the surrounding society and culture. The two volumes of Protocols of Justice comprise the complete text of the Metz Pinkas Beit Din, which is fully annotated by the author, and a thorough analysis of its significance for history and law at the threshold of modernity.
Through his painstaking and path-breaking treatment of this incredibly nuanced and rich text, Jay Berkovitz has placed before academics and all other interested readers a heretofore untapped resource of vast importance. His insightful and extensive introductory monograph beautifully sets the stage for scholars in a wide array of fields to mine this material, which will undoubtedly yield significant new results in the history of Jewish and non-Jewish society in eighteenth-century Europe and beyond. Ephraim Kanarfogel, E. Billi Ivry University Professor of Jewish History, Literature and Law, Yeshiva University
In October, Academic Studies Press releases “The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura” by Ira Bedzow (Emory University graduate student) and Michael Broyde (Emory University). The publisher’s description follows:
The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura analyzes the jurisprudential methodology of Rabbi Israel Meir Kagan of Radin, the author of the Mishna Berura. It also provides an introduction to the codification of Jewish law and the methodology of codification more generally. The authors demonstrate that Rabbi Kagan had a unique approach in that he tried to balance opposing forces of tradition and modernity. He also attempted to provide definitive halakhic guidance to every question of Jewish law, based on four central questions and ten halakhic principles. After a comprehensive introduction, the authors provide 250 examples from the Mishna Berura to demonstrate their findings and to clarify their thesis in practical and clear terms.
This month, Brill releases “The Divine Courtroom in Comparative Perspective” edited by Ari Mermelstein (Yeshiva University) and Shalom E. Holtz (Yeshiva University). The publisher’s description follows:
Contributors to The Divine Courtroom in Comparative Perspective treat one of the most pervasive religious metaphors, that of the divine courtroom, in both its historical and thematic senses. In order to shed light on the various manifestations of the divine courtroom, this volume consists of essays by scholars of the ancient Near East, Hebrew Bible, Second Temple Judaism, early Christianity, Talmud, Islam, medieval Judaism, and classical Greek literature. Contributions to the volume primarily center upon three related facets of the divine courtroom: the role of the divine courtroom in the earthly legal system; the divine courtroom as the site of historical justice; and the divine courtroom as the venue in which God is called to answer for his own unjust acts.
Posted in Scholarship Roundup, Stephanie Cipolla
Tagged Books, Christianity, Comparative Law and Religion, History of Religion, Islam, Islamic Law, Jewish Law, Judaism, Religion and Law, Religion and Society, Religious Law
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.
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?
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.
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:
This 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.