Language:
English
Year of publication:
2010
Titel der Quelle:
Journal of Textual Reasoning
Angaben zur Quelle:
6,1 (2010)
Keywords:
Jewish law and ethics
;
Jewish law Philosophy
;
History
Abstract:
This paper argues that the current discussion on the relationship between morality and halakha tends to confuse philosophical, historical, ideological and jurisprudential issues. It claims that the philosophical question of whether or not morality is dependent on religion should be separated from the historical question of how Jewish thinkers perceived the relationship between divine command and morality and from the question of the actual role played by moral considerations in the history of halakha. Similarly, the jurisprudential question regarding the formalistic nature of the law should be separated from the internal, halakhic question regarding the weight that should be assigned to formalistic, as opposed to substantive, considerations in halakha. The only way to understand the role of moral considerations in halakha as an historical phenomenon is through comprehensive inductive research on the role of moral considerations in halakha together with an investigation into the way experts in halakha viewed this role.
Description / Table of Contents:
Carmy, Shalom. Analysis and synthesis in Halakhic meta-ethics
Description / Table of Contents:
Stone, Suzanne. Halakha and legal theory
Description / Table of Contents:
Schoenfeld, Devorah. Formalism, morality, and Ovadia Yosef: a response to Daniel Statman
Description / Table of Contents:
Kellner, Menachen. A response to Daniel Statman
Description / Table of Contents:
Rosen, Mark. Reframing Professor Statman’s inquiry: from history to culture
Description / Table of Contents:
Statman, Daniel. A reply
URL:
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