Jump to ContentJump to Main Navigation
An Introduction to the History and Sources of Jewish Law$
Users without a subscription are not able to see the full content.

N. S. Hecht, B. S. Jackson, S. M. Passamaneck, Daniela Piattelli, and Alfredo Rabello

Print publication date: 1996

Print ISBN-13: 9780198262626

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262626.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 18 December 2018

Postscript: The Judicial Process and the Nature of Jewish Law

Postscript: The Judicial Process and the Nature of Jewish Law

Chapter:
(p.420) (p.421) 16. Postscript: The Judicial Process and the Nature of Jewish Law
Source:
An Introduction to the History and Sources of Jewish Law
Author(s):

Hanina Ben-Menahem

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262626.003.0016

As the traditional halakhah differs greatly from the Mishpat Ivri or the literal translation of ‘Jewish Law’, we realize that the Western concept of law has dominated and largely influenced modern scholarship on Jewish law. The Rule of Law, which is not without a rich political history, is evident upon combining the three basic claims of the Western concept of law as portrayed in Mishpat Ivri scholarship: 1) laws are under a unified system; 2) valid applications of the law should be justified under its authoritative sources; and 3) the system enables how such laws may be recognized as authoritative. Although the Rule of Law may have penetrated the traditional halakhah, such would never represent an exclusive view. However, a pluralistic view towards Jewish Law would suggest that the application of law need not be justified. This final chapter attempts to illustrate how ideologies of the halakhah may have manifested themselves through the Talmud, and how different this is from classical Western thought.

Keywords:   halakhah, Mishpat Ivri, Jewish Law, Rule of Law, Western thought, Talmud

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .