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Jurisprudence and Theology: In Late Ancient and Medieval Jewish Thought: Studies in the History of Law and Justice, cartea 2

Autor Joseph E. David
en Limba Engleză Hardback – 29 sep 2014
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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Specificații

ISBN-13: 9783319065830
ISBN-10: 3319065831
Pagini: 182
Ilustrații: XIX, 182 p. 1 illus.
Dimensiuni: 155 x 235 x 17 mm
Greutate: 0.46 kg
Ediția:2014
Editura: Springer International Publishing
Colecția Springer
Seria Studies in the History of Law and Justice

Locul publicării:Cham, Switzerland

Public țintă

Research

Cuprins

Introduction Legal Theory Reconsidered.- Section one: Legal Reasoning.- Halakhic Comparative Jurisprudence.- Error and Tolerance.- Unsettled Disputes.- Judicial Discretion (Shiqqul haDa’at).- Law and Violence.- Legal Reasoning: Structure and Theology.- Section Two: Knowing and Remembering.- Divine Memory.- Covenantal Memory.- Mission and Memory.- Theorizing Knowledge.- Bibliography.- Index.

Recenzii

“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)

Textul de pe ultima copertă

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-theology that 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.

Caracteristici

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