Jurisprudence and Theology: In Late Ancient and Medieval Jewish Thought

✍ Scribed by Joseph E. David (auth.)

Publisher: Springer International Publishing
Year: 2014
Tongue: English
Leaves: 192
Series: Studies in the History of Law and Justice 2
Edition: 1
Category: Library

No coin nor oath required. For personal study only.

✦ Synopsis

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.

✦ Table of Contents

Front Matter....Pages i-xix
Front Matter....Pages 1-1
Halakhic Comparative Jurisprudence....Pages 3-10
Error and Tolerance....Pages 11-24
Unsettled Disputes....Pages 25-43
Judicial Discretion ( Shiqqul haDa’at )....Pages 45-57
Law and Violence....Pages 59-82
Legal Reasoning: Structure and Theology....Pages 83-93
Front Matter....Pages 95-95
Divine Memory....Pages 97-121
Covenantal Memory....Pages 123-138
Mission and Memory....Pages 139-150
Theorizing Knowledge....Pages 151-170
Back Matter....Pages 171-182

✦ Subjects

Theories of Law, Philosophy of Law, Legal History; History; Medieval Philosophy; Religious Studies; Philosophy of Law

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