By Joseph E. David
The ebook offers intensive reports of 2 epistemological facets of Jewish legislations (Halakhah) because the ‘Word of God’ – the query of felony reasoning and the matter of figuring out and remembering.
- How diversified are the epistemological matters of religious-law compared to different felony systems?
- In what methods are jurisprudential attitudes prescribed and depending on theological presumptions?
- What specifies criminal reasoning and felony wisdom in a non secular framework?
The writer outlines the rabbinic jurisprudential notion rooted in Talmudic literature which underwent systemization and enhancement through the Babylonian Geonim and the Andalusian Rabbis up until eventually the 12th century. The ebook develops a synoptic view at the development of rabbinic criminal inspiration opposed to the heritage of Christian theological motifs at the one hand and Karaite and Islamic systemized jurisprudence nevertheless. It advances a viewpoint of legal-theology that mixes research of jurisprudential reflections and theological perspectives inside of a large ancient and highbrow framework.
The publication advocates techniques to the learn of the felony heritage of the Halakhah: comparative jurisprudence and legal-theology, according to the knowledge that jurisprudence and theology are indispensable and inseparable pillars of felony praxis.
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Extra info for Jurisprudence and theology : in late ancient and medieval Jewish thought
Against this background, the discussion below indicates that collaborative milieus shared legal, as well as theologico-legal perceptions. As we shall see, alongside the kindred theological principles underlying both legal systems, Jewish and Islamic jurists often felt they were participating in the very same projects. Hence, the distinctive positive contents of the two legal systems did not stop them from developing unified conceptual language and similar self-understanding. However, this perspective implicitly presumes a political vision as well.
Underlying the exploration of influences, however, are often aspirations to claim originality or to demonstrate how later ideas and praxis were derived from earlier sources. Such a comparative approach, even when undertaken bona fide, is not free of suspicion concerning its objectivity, viz, that it serves agendas that celebrate the originality and thus the superiority of the source over its descendants. 4 Such a conception is explicitly evident in the work that is considered the cornerstone of modern Oriental scholarship—A.
On the necessity to presume the existence of ‘universals’ for a comparative project, see Jensen (2001). 1–48). 4Crone and Cook (1977). 5Hughes (2005), Heschel (2001), Pregill (2007). 6Idinopulos (2006). 7Goitein (1980), Kraemer, 1996 Libson observes opposite directions of influence in the formative period of Islam from the tenth century on, see Libson (1989). 8The philological method illustrates ‘external epistemology’ according to which the validity of textual content is determined with reference to the history of the text’s transmission and the reconstruction of its originality.