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  • 1
    Article
    Article
    "Dat" : from law to religion. (2022)
    In:  Law as Religion, Religion as Law (2022) 83-112
    Details
    ISBN: 9781108486538
    Language: English
    Year of publication: 2022
    Titel der Quelle: Law as Religion, Religion as Law
    Angaben zur Quelle: (2022) 83-112
    Keywords: Jewish law Methodology ; Judaism Doctrines ; Religion and law ; Judaism Historiography
    Abstract: This paper traces the evolution of the meanings of the formative term dat, as it evolved in the history of Jewish culture throughout the ages. Its biblical meaning, derived from the Persian, is law, originally human law. In Judaism it was transformed into Divine law. This was basically the meaning it carried throughout the ages. With the advent of modernity, this old term started to acquire a radically new meaning, influenced by the appearance of the term ‘religion’ in Christianity, now applied to every so-called ‘religion’, including Judaism. My paper elaborates on the process by which the Hebrew term dat was transformed into ‘religion’ in modernity, and its implication concerning the changing meaning of Judaism.
    DOI: 10.1017/9781108760997.005
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  • 2
    Article
    Article
    Law as religion, religion as law : "Halakhah" from a semiotic point of view. (2022)
    In:  Law as Religion, Religion as Law (2022) 113-150
    Details
    ISBN: 9781108486538
    Language: English
    Year of publication: 2022
    Titel der Quelle: Law as Religion, Religion as Law
    Angaben zur Quelle: (2022) 113-150
    Keywords: Jewish law Methodology ; Religion and law
    Abstract: This paper examines the methodological problems presented by the relationship between law and religion, and the tensions between internal and external approaches. It argues for a (neutral) semiotic approach: the basics of sense construction, as understood by the Greimasian model of semiotics, are the same for both law and religion. At the same time, the model allows for the identification of differences. But it also problematizes the value of the concepts themselves: who, we may ask, needs to talk about either “law” or “religion” as such a very different question from that of the characterization of particular acts or norms as “legal” or “religious?”. “Law as Religion: Religion as Law” is thus a secondary (or meta-) question addressing the relationship between institutional concepts rather than human behaviour in either its factual or normative dimensions. It may, however, figure large in the rhetoric of religious politics, whose full understanding requires us to narrativise the pragmatics (speech behaviour) of its various participants.
    DOI: 10.1017/9781108760997.006
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  • 3
    Article
    Article
    The paradox of human rights discourse and the Jewish legal tradition. (2022)
    In:  Law as Religion, Religion as Law (2022) 29-52
    Details
    ISBN: 9781108486538
    Language: English
    Year of publication: 2022
    Titel der Quelle: Law as Religion, Religion as Law
    Angaben zur Quelle: (2022) 29-52
    Keywords: Human rights Religious aspects ; Judaism ; Jewish law and ethics
    Abstract: Efforts to reconcile human rights and religions are at risk of foundering because of two category mistakes: The first is assuming human rights, as it has evolved, is primarily about law. As human rights discourse increasingly takes on a quasi-religious structure, it is seen as a competitor to traditional religion. The second category mistake is that Judaism is solely a religion, and not law. Legal traditions invariably contain doctrines that enable an exchange of norms. Creating a rapprochement between human rights and traditional Judaism thus requires a double move: the retrieval of human rights as a limited, lawyer’s project and the turn to legal doctrines within Judaism emphasizing the respect owed to international conventions, including informal law.
    DOI: 10.1017/9781108760997.003
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  • 4
    Article
    Article
    A bad man theory of religious law (Numbers 15:30-31 and its afterlife). (2022)
    In:  Law as Religion, Religion as Law (2022) 197-224
    Details
    ISBN: 9781108486538
    Language: English
    Year of publication: 2022
    Titel der Quelle: Law as Religion, Religion as Law
    Angaben zur Quelle: (2022) 197-224
    Keywords: Bible. Criticism, interpretation, etc. ; Manual of discipline Criticism, interpretation, etc. ; Sifrei Criticism, interpretation, etc. ; Jewish law
    Abstract: This article explores early Jewish conceptions of the “bad man” as reflected in the hermeneutic legacy of one seminal biblical passage (Num 15:30-31) in order to discern the most egregious forms of religious wrongs. This offers a prism for gauging whether early iterations of “Judaism” were so fully aligned with law and praxis that this constituted the entirety of religious life and its ultimate measure. Or, alternatively, whether one can already perceive in classical Jewish discourse an acknowledgement, or even an articulation, of a “religious” or “theological” nucleus apart from the normative order.
    DOI: 10.1017/9781108760997.009
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  • 5
    Article
    Article
    "Enjoin them upon your children to keep” (Deuteronomy 32:46) : law as commandment and legacy, or, Robert Cover meets Midrash. (2022)
    In:  Law as Religion, Religion as Law (2022) 273-290
    Details
    ISBN: 9781108486538
    Language: English
    Year of publication: 2022
    Titel der Quelle: Law as Religion, Religion as Law
    Angaben zur Quelle: (2022) 273-290
    Keywords: Cover, Robert M. ; Bible. Criticism, interpretation, etc. ; Sifrei Criticism, interpretation, etc. ; Jewish law
    Abstract: This article examines the earliest rabbinic comment on Deuteronomy 32:36, which is part of Moses’s final words to the Israelites before he dies and they enter the Promised Land without his charismatic prophetic guidance. The Hebrew noun mitzvah and verb tzivah, usually understood to mean “commandment” and “command” (“enjoin” in NJPS) respectively, are understood in their biblical context and rabbinic explication to suggest as well the sense of passing something on at death as a legacy or inheritance. Whereas a commandment is usually understood as authoritatively imposed from without, a legacy is understood as something voluntarily received (transmitted) from within. The midrash suggests that at the age of 120 years, and unable to accompany the Israelites as they enter and settle the Promised Land, Moses can no longer command with authority but must cajole and implore with gratitude the Israelites in each generation to maintain the Torah through voluntary acceptance. In a striking scene, Rabbi Judah the Patriarch is depicted imploring his students in the same words as did Moses. By implication, the auditors of the midrash in each generation, down to the present, are similarly besought, with the greatness of the Torah and Moses being continually at stake.
    DOI: 10.1017/9781108760997.012
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  • 6
    Article
    Article
    "Between man and God” and "between man and his fellow" : categories in polemical context. (2022)
    In:  Law as Religion, Religion as Law (2022) 291-313
    Details
    ISBN: 9781108486538
    Language: English
    Year of publication: 2022
    Titel der Quelle: Law as Religion, Religion as Law
    Angaben zur Quelle: (2022) 291-313
    Keywords: God (Judaism) Philosophy ; Judaism Relations ; Christianity ; Interpersonal relations in rabbinical literature ; Commandments (Judaism) History of doctrines
    Abstract: One of the best known distinctions among the precepts of Judaism is that between the precepts that apply “between man and God” and those that apply “between man and his fellow.” It is generally assumed that this distinction has been a matter of consensus since the time of the talmudic sages. The present article examines this assumption by means of a close reading of the earliest sources that draw the distinction between the two categories. The discussion of the tannaitic sources will reveal disagreements about this categorization. We will review this disagreement in the context of a hidden debate between the talmudic sages and early Christian literature.In this context, we will also address the question of the enumeration of the Ten Commandments and their division on the tablets into two sets of five precepts. We will propose that the talmudic sages’ position on this question is also a polemic response to the approach that emerged in early Christianity.
    DOI: 10.1017/9781108760997.013
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  • 7
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    Article
    Law as a problematic aspect of religion : Paul’s skepticism in a broader Jewish context. (2022)
    In:  Law as Religion, Religion as Law (2022) 343-361
    Details
    ISBN: 9781108486538
    Language: English
    Year of publication: 2022
    Titel der Quelle: Law as Religion, Religion as Law
    Angaben zur Quelle: (2022) 343-361
    Keywords: Paul, Criticism and interpretation ; New Testament Relation to the Bible ; Jewish law New Testament teaching
    Abstract: Paul’s writing reflects a variety of attitudes towards Jewish ritual precepts, among them a denial of those precepts’ helpfulness on the path to religious perfection. Paul indeed upholds the unshaken authority of the hard-core moral commandments of the biblical law; yet he is skeptical about the Torah’s ability to enable one to follow its ordinances. Paul’s attitude seems to have been partly conditioned by his projected gentile addressees, whom he saw – in agreement with Hellenistic Jewish tendencies – as those whose path to redemption is not defined by the Torah as the exclusive source of divine law. However, as the paper argues, Paul also had in mind an additional, implicit audience – the Jews within the Jesus movement; his letters therefore were to speak to that audience too. Keeping in mind that “hidden Jewish setting” of Paul’s arguments, the paper outlines broader trajectories in Jewish tradition that evolved in similar directions. Even when not questioning the Torah as the foundation of covenant, these trajectories highlighted problematic aspects of the revealed law formulated in a set of written decrees. Paul thus is shown to be a witness to a broader skeptical tendency, while the solution he offers clearly represents the apostle’s “sectarian” conviction.
    DOI: 10.1017/9781108760997.015
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  • 8
    Article
    Article
    When law meets theology : legality and revelation in the Jewish, Islamic, and Zoroastrian traditions in the Abbasid period. (2022)
    In:  Law as Religion, Religion as Law (2022) 362-394
    Details
    ISBN: 9781108486538
    Language: English
    Year of publication: 2022
    Titel der Quelle: Law as Religion, Religion as Law
    Angaben zur Quelle: (2022) 362-394
    Keywords: Abbasids History ; Judaism History ; Islam History ; Zoroastrianism History ; Jewish law ; Islamic law ; Zoroastrian law ; Religion and law
    Abstract: The article contributes to the unsettling of the Western paradigm of “law and religion,” by examining the overlapping of the two categories in the context of Jewish, Islamic, and Zoroastrian discussions of legality and revelation in the early Abbasid period. With regard to all three legal traditions, the article traces a process of theologization of the law (and minimization of the role of human agency in effecting the content of revelation), on the one hand, and one of textual demarcation and confinement of the law (in line with the principle of “legality”), on the other hand.The article argues that Sherira, Shāfiʽī and Manuščihr played a particularly significant role in framing and articulating these broad processes, by insisting on the textual confinement of God’s revelation as pronounced at the initial revelatory moment in the Mishnah-cum-Talmud, Hadith, and Zand (alongside the Torah, Quran and Avesta). This, in turn, paved the way for regarding these corpora as the exclusive, complete, and authoritative articulation of the law. Indeed, the parallel diachronic shifts evident in the three religious traditions points to a broader legal-theological turn in the early Abbasid period, which bears significant implications on the history of the dynamics of law and religion.
    DOI: 10.1017/9781108760997.016
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