Overview
- 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)
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Front Matter
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Knowing and Remembering
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Front Matter
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Back Matter
Keywords
- Comparability of Jewish-Islamic Jurisprudence
- Concepts of diversity
- Covenantal Community
- Dialectic of the Kalām
- Divine Memory
- Dual-Stratum Paradigm
- Epistemology and Legal Theology
- Error and Tolerance
- Founding Narratives of the Babylonian yeshivot
- Halakhic Comparative Jurisprudence
- Heteronomy, Promise and Commitment
- Historicizing Memory
- Islamic Jurisprudence
- Judicial Discretion (Shiqqul HaDa’at)
- Judicial error
- Law and Violence
- Law and violence
- Legal Analogy
- Legal reasoning and judicial discretion
- Memory and theory of knowledge
- Neo-Platonic Dialectic
- Post-Talmudic Rabbis
- Rabbinic Memory
- Rabbis oppose legal reasoning
- Scripta in Cordibus Hominum
- Second Temple and the Mishnah
- Structure and Theology
- The Hazard of Obliviousness
- The Intellectual Metamorphosis
- Toleration and legal pluralism
- Violence and Lex Naturalis
- Violence as Judicium Dei
- What does the Law Earn from Violence
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.
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Authors and Affiliations
Bibliographic Information
Book Title: Jurisprudence and Theology
Book Subtitle: In Late Ancient and Medieval Jewish Thought
Authors: Joseph E. David
Series Title: Studies in the History of Law and Justice
DOI: https://doi.org/10.1007/978-3-319-06584-7
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2014
Hardcover ISBN: 978-3-319-06583-0Published: 29 September 2014
Softcover ISBN: 978-3-319-35472-9Published: 10 September 2016
eBook ISBN: 978-3-319-06584-7Published: 18 September 2014
Series ISSN: 2198-9842
Series E-ISSN: 2198-9850
Edition Number: 1
Number of Pages: XIX, 182
Number of Illustrations: 1 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, History, general, Medieval Philosophy, Religious Studies, general, Philosophy of Law