Author: Michael Higger
Publisher:
ISBN:
Category : Criminal intent (Jewish law)
Languages : en
Pages : 68

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Book Description

Author: Shana Strauch Schick
Publisher: BRILL
ISBN: 900443304X
Category : Religion
Languages : en
Pages : 190

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Book Description
Intention in Talmudic Law: Between Thought and Deed offers a comprehensive history of intention in rabbinic classical law, tracing developments in legal thought, and demonstrating how intention became a nuanced, differentially applied concept across a wide array of legal realms.

Author: Bernard S. Jackson
Publisher:
ISBN:
Category :
Languages : en
Pages : 29

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Book Description

Author: Barry Wimpfheimer
Publisher: University of Pennsylvania Press
ISBN: 0812242998
Category : Biography & Autobiography
Languages : en
Pages : 249

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Book Description
In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.

Author: Ayelet Hoffmann Libson
Publisher: Cambridge University Press
ISBN: 1108655971
Category : Religion
Languages : en
Pages : 230

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Book Description
This book examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffmann Libson highlights a unique and surprising development in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information. She examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their distinctive discourse of law.

Author: Hanina Ben-Menachem
Publisher: Routledge
ISBN: 1134333501
Category : Philosophy
Languages : en
Pages : 237

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Book Description
First Published in 1990. With the publication of this book, the author inaugurates a new series at the Institute of Jewish Law. In recent years there has been a growing interest in Jewish law in American law schools. In turn, this casts an obligation on those involved in Jewish law to make available in the English language publications which focus on contemporary issues and their analysis in traditional Jewish sources. Jewish Law in Context will attempt to do precisely this by presenting Jewish law in its own context as well as in the context of our milieu. This is Volume I.

Author: Shana Strauch Schick
Publisher:
ISBN:
Category : Amoraim
Languages : en
Pages : 614

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Book Description

Author: Paul R. Powers
Publisher: BRILL
ISBN: 9004145923
Category : Religion
Languages : en
Pages : 249

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Book Description
This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.

Author: Moulie Vidas
Publisher: Princeton University Press
ISBN: 069117086X
Category : Religion
Languages : en
Pages : 249

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Book Description
Tradition and the Formation of the Talmud offers a new perspective on perhaps the most important religious text of the Jewish tradition. It is widely recognized that the creators of the Talmud innovatively interpreted and changed the older traditions on which they drew. Nevertheless, it has been assumed that the ancient rabbis were committed to maintaining continuity with the past. Moulie Vidas argues on the contrary that structural features of the Talmud were designed to produce a discontinuity with tradition, and that this discontinuity was part and parcel of the rabbis' self-conception. Both this self-conception and these structural features were part of a debate within and beyond the Jewish community about the transmission of tradition. Focusing on the Babylonian Talmud, produced in the rabbinic academies of late ancient Mesopotamia, Vidas analyzes key passages to show how the Talmud's creators contrasted their own voice with that of their predecessors. He also examines Zoroastrian, Christian, and mystical Jewish sources to reconstruct the debates and wide-ranging conversations that shaped the Talmud's literary and intellectual character.

Author: Sarra Lev
Publisher: University of Pennsylvania Press
ISBN: 1512825182
Category : Religion
Languages : en
Pages : 393

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Book Description
This book explores the question: How did the rabbis of the first two centuries CE approach bodies that are born with variant genitals—bodies that they could not identify as definitely male or female? The rabbis had constructed a system in which every behavior was governed by one’s sex/gender, posing a conundrum both for people who did not fit into that model and for the rabbinic enterprise itself. Despite this, their texts contain dozens of references to intersex. And the Sages Did Not Know examines the rabbis’ legal texts and concludes that they had multiple approaches to intersex people. Sarra Lev analyzes seven different rabbinic responses to this conflict of their own making. Through their rulings on how intersex people should conduct themselves in multiple circumstances, the early rabbis treat intersex people as unidentifiable males or females, as indeterminate, as male, as non-gendered, as sui generis, as part-male/part-female, as a sustainable paradox, and, finally, as a way for them to think about gender, having nothing to do with intersex people themselves. This is the first such work that concentrates primarily on the potential effects of these rabbinic texts on intersex persons themselves rather than focusing on what the texts offer readers whose interest is rabbinic approaches to sex and gender or gender diversity. Although the rabbinic texts do not include the voices of known intersex people, these materials do offer us a window into how one small group of people approached intersex bodies, and how those approaches were both similar to and different from those we recognize today.