By Joseph E. David
The e-book presents extensive reviews of 2 epistemological features of Jewish legislations (Halakhah) because the ‘Word of God’ – the query of felony reasoning and the matter of figuring out and remembering.
- How various 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 felony reasoning and criminal wisdom in a non secular framework?
The writer outlines the rabbinic jurisprudential inspiration rooted in Talmudic literature which underwent systemization and enhancement by way of the Babylonian Geonim and the Andalusian Rabbis up until eventually the 12th century. The booklet develops a synoptic view at the progress of rabbinic criminal concept opposed to the heritage of Christian theological motifs at the one hand and Karaite and Islamic systemized jurisprudence nevertheless. It advances a standpoint of legal-theology that mixes research of jurisprudential reflections and theological perspectives inside of a vast ancient and highbrow framework.
The publication advocates ways to the research of the criminal background 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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Additional info for Jurisprudence and theology : in late ancient and medieval Jewish thought
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. 9Hughes (2007), Cohen (2008).
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Present-day multiculturalism emphasizes the fact that some of the commonplace assumptions about constitutional freedoms of, and from, religion are in fact rooted in the peculiar European experience and therefore less relevant to the religious praxis of believers other than Christians. 3 The more we struggle to provide conditions to accommodate religious minorities in Western countries, the more we realize the limited viability of our concepts of law and religion. 4 The lack of consideration of non-Western or non-Christian conceptions of law and religion is also manifest in intellectual and theoretical discussions.