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What can early Jewish courtroom narratives tell us about the capacity and limits of human justice? By exploring how judges and the act of judging are depicted in these narratives, Trial Stories in Jewish Antiquity: Counternarratives of Justice challenges the prevailing notion, both then and now, of the ideal impartial judge. As a work of intellectual history, the book also contributes to contemporary debates about the role of legal decision-making in shaping a just society. Chaya T. Halberstam shows that instead of modelling a system in which lofty, inaccessible judges follow objective and rational rules, ancient Jewish trial narratives depict a legal practice dependent upon the individual j...
How can humans ever attain the knowledge required to administer and implement divine law and render perfect justice in this world? Contrary to the belief that religious law is infallible, Chaya T. Halberstam shows that early rabbinic jurisprudence is characterized by fundamental uncertainty. She argues that while the Hebrew Bible created a sense of confidence and transparency before the law, the rabbis complicated the paths to knowledge and undermined the stability of personal status and ownership, and notions of guilt or innocence. Examining the facts of legal judgments through midrashic discussions of the law and evidence, Halberstam discovers that rabbinic understandings of the law were riddled with doubt and challenged the possibility of true justice. This book thoroughly engages law, narrative, and theology to explicate rabbinic legal authority and its limits.
For thousands of years the Jewish tradition has been a source of moral guidance, for Jews and non-Jews alike. As the essays in this volume show, the theologians and practitioners of Judaism have a long history of wrestling with moral questions, responding to them in an open, argumentative mode that reveals the strengths and weaknesses of all sides of a question. The Jewish tradition also offers guidance for moral conduct by individuals, communities, and countries and shows how to motivate people to do the good and right thing. The Oxford Handbook of Jewish Ethics and Morality is a collection of original essays addressing these topics--historical and contemporary, as well as philosophical and practical--by leading scholars from around the world. The first section of the volume describes the history of the Jewish tradition's moral thought, from the Bible to contemporary Jewish approaches. The second part includes chapters on specific fields in ethics, including the ethics of medicine, business, sex, speech, politics, war, and the environment.
Charity is central to the Jewish tradition. In this formative study, Gregg E. Gardner takes on this concept to examine the beginnings of Jewish thought on care for the poor. Focusing on writings of the earliest rabbis from the third century c.e., Gardner shows how the ancient rabbis saw the problem of poverty primarily as questions related to wealth—how it is gained and lost, how it distinguishes rich from poor, and how to convince people to part with their wealth. Contributing to our understanding of the history of religions, Wealth, Poverty, and Charity in Jewish Antiquity demonstrates that a focus on wealth can provide us with a fuller understanding of charity in Jewish thought and the larger world from which Judaism and Christianity emerged.
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.
Theory, as it’s happened across the humanities, has often been coded as “Jewish.” This collection of essays seeks to move past explanations for this understanding that rely on the self-evident (the historical centrality of Jews to the rise of Critical Theory with the Frankfurt School) or stereotypical (psychoanalysis as the “Jewish Science”) in order to show how certain problematics of modern Jewishness enrich theory. In the range of violence and agency that attend the appellation “Jew,” depending on how, where, and by whom it’s uttered, we can see that Jewishness is a rhetorical as much as a sociological fact, and that its rhetorical and sociological aspects, while linked, a...
Stuart Miller examines the hermeneutical challenges posed by the material and literary evidence pertaining to ritual purity practices in Graeco-Roman Palestine and, especially, the Galilee. He contends that "stepped pools," which we now know were in use well beyond the Destruction of the Temple, and, as indicated by the large collection on the western acropolis of Sepphoris and elsewhere, into the Middle and Late Roman/Byzantine eras,must be understood in light of biblical and popular perspectives on ritual purity. The interpretation of the finds is too frequently forced to conform to rabbinic prescriptions, which oftentimes were the result of the sages' unique and creative, nominalist appro...
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