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  • © 2014

Jurisprudence and Theology

In Late Ancient and Medieval Jewish Thought

Authors:

  • Sheds light on an important and overlooked aspect of Jewish jurisprudential thought
  • Offers a fascinating combination of rigor textual reading and conceptual analysis
  • A pioneering venture in developing a synoptic perspective on Jewish-Islamic comparative jurisprudence
  • Provides a path-breaking account on the interplay of law and theology in pre-modern legal thought
  • Includes supplementary material: sn.pub/extras

Part of the book series: Studies in the History of Law and Justice (SHLJ, volume 2)

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Table of contents (10 chapters)

  1. Front Matter

    Pages i-xix
  2. Legal Reasoning

    1. Front Matter

      Pages 1-1
    2. Halakhic Comparative Jurisprudence

      • Joseph E. David
      Pages 3-10
    3. Error and Tolerance

      • Joseph E. David
      Pages 11-24
    4. Unsettled Disputes

      • Joseph E. David
      Pages 25-43
    5. Judicial Discretion (Shiqqul haDa’at)

      • Joseph E. David
      Pages 45-57
    6. Law and Violence

      • Joseph E. David
      Pages 59-82
    7. Legal Reasoning: Structure and Theology

      • Joseph E. David
      Pages 83-93
  3. Knowing and Remembering

    1. Front Matter

      Pages 95-95
    2. Divine Memory

      • Joseph E. David
      Pages 97-121
    3. Covenantal Memory

      • Joseph E. David
      Pages 123-138
    4. Mission and Memory

      • Joseph E. David
      Pages 139-150
    5. Theorizing Knowledge

      • Joseph E. David
      Pages 151-170
  4. Back Matter

    Pages 171-182

About this book

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-theologythat 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.

Reviews

“The study is contextualized within a legal theological and intellectual framework and takes account of Ancient–Medieval thought. … This leads the reader not only into a deep understanding of its subject matter, but also facilitates and encourages new links with modern jurisprudential thought. … This is a challenging but refreshing book of great scholarship and significance.” (Jessica Giles, Oxford Journal of Law and Religion, Vol. 5 (3), October, 2016)

Authors and Affiliations

  • Sapir Academic College, Israel

    Joseph E. David

Bibliographic Information

Buy it now

Buying options

eBook USD 84.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 109.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 109.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access