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Biblical Judgments
New Legal Readings in the Hebrew Bible
Daphne Barak-Erez
University of Michigan Press, 2024
Biblical Judgments invites readers to consider today's timeless dilemmas of law and government, social justice, and human rights, through the perspective of a text that has helped shape western society: the Hebrew Bible. By focusing on biblical narratives and literature rather than on traditional interpretations of biblical law, Daphne Barak-Erez is able to look beyond specific legal norms to concentrate on what the stories can reveal about the "big" issues. She discusses questions such as: What can modern-day governmental regulation learn from the exercise of food rationing in Egypt as a response to Pharaoh's dream of a future famine? How does social distancing in the time of Covid-19 compare with people sent outside the camp as a precautionary measure against bible-era plagues? What can promoters of social justice glean from the demands made to Moses that daughters should also inherit from their father when biblical law did not recognize inheritance rights of women? 

Rather than offering a historical study, Barak-Erez draws upon famous court decisions from around the world to root her analysis in modern law. Organized by subject matter, Biblical Judgments analyzes how the themes of law and government, judging and judges, human rights and social justice, criminal law, private law, and family and inheritance law are presented through a number of different stories. In recounting the compelling narratives of the Hebrew Bible, Biblical Judgments exposes their inherent legal tensions and what we can learn from them and with them about legal dilemmas today. 
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The Birth of Doubt
Confronting Uncertainty in Early Rabbinic Literature
Moshe Halbertal
SBL Press, 2020

A systematic attempt to understand the rabbinic world through its approach to confronting uncertainty

In the history of halakhah, the treatment of uncertainty became one of the most complex fields of intense study. In his latest book, Moshe Halbertal focuses on examining the point of origin of the study of uncertainty in early rabbinic literature, including the Mishnah, Tosefta, and halakhic midrashim. Halbertal explores instructions concerning how to behave in situations of uncertainty ranging from matters of ritual purity, to lineage and marriage, to monetary law, and to the laws of forbidden foods. This examination of the rules of uncertainty introduced in early rabbinic literature reveals that these rules were not aimed at avoiding but rather at dwelling in the midst of uncertainty, thus rejecting the sectarian isolationism that sought to minimize a community’s experience of and friction with uncertainty.

Features:

  • A thorough investigation of the principles concerning how to behave in cases of uncertainty
  • An examination of two distinct modes for coping with uncertainty
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The Crown and the Courts
Separation of Powers in the Early Jewish Imagination
David C. Flatto
Harvard University Press, 2020

A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers.

The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born.

During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance.

The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.

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Expanding the Palace of Torah
Orthodoxy and Feminism
Tamar Ross
Brandeis University Press, 2004
Expanding the Palace of Torah offers a broad philosophical overview of the challenges the women’s revolution poses to Orthodox Judaism, as well as Orthodox Judaism’s response to those challenges. Writing as an insider—herself an Orthodox Jew—Tamar Ross confronts the radical feminist critique of Judaism as a religion deeply entrenched in patriarchy. Surprisingly, very little work has been done in this area, beyond exploring the leeway for ad hoc solutions to practical problems as they arise on the halakhic plane. In exposing the largely male-focused thrust of the rabbinic tradition and its biblical grounding, she sees this critique as posing a potential threat to the theological heart of traditional Judaism—the belief in divine revelation.

This new edition brings this acclaimed and classic text back into print with a new essay by Tamar Ross which examines new developments in feminist thought since the book was first published in 2004.
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Fertility and Jewish Law
Feminist Perspectives on Orthodox Responsa Literature
Ronit Irshai
Brandeis University Press, 2012
This book presents, from the perspective of feminist jurisprudence and feminist and liberal bioethics, a complete study of Jewish law (halakhah) on contemporary reproductive issues such as birth control, abortion, and assisted fertility. Irshai examines these issues to probe gender-based values that underlie the interpretations and determinations reached by modern practitioners of halakhah. Her primary goal is to tell, through common halakhic tools, a different halakhic story, one that takes account of the female narrative and its missing perspective.
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The Hermeneutics of Torah
Proverbs 2, Deuteronomy, and the Composition of Proverbs 1–9
Bernd U. Schipper
SBL Press, 2021

This revised and expanded English edition of Bernd U. Schipper’s 2012 Hermeneutik der Tora incorporates the results of his continued research and writings on Proverbs. For nearly a century, many biblical scholars have argued that the main theological traditions, such as the divine law, God’s torah, do not appear in the book of Proverbs. In this volume, however, Schipper demonstrates that Proverbs interacts in a sophisticated way with the concept of the torah. A detailed analysis of Proverbs 2 and other passages from the first part of the book of Proverbs shows that Proverbs engages in a postexilic discourse around “wisdom and torah” concerning the abilities of humans to fulfill the will of YHWH exemplified in the divine torah.

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Jewish and Islamic Law
A Comparative Study of Custom during the Geonic Period
Gideon Libson
Harvard University Press, 2003

Gideon Libson's highly original work on custom is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages. His in-depth study of Islamic law—its sources, legal schools, and extensive legal literature—together with his expertise in the wide range of geonic and rabbinic literature enable him to determine the influence of Muslim practice on geonic custom.

In both systems of law the growth of custom was a reaction to the general culture. He shows conclusively how custom in both systems of law served as a conduit for the absorption of changes, thus helping to bridge the gap between the authoritative legal systems and the practical realities of the environment. Libson's contribution to the study of comparative Jewish and Islamic law during the geonic period will be of value to scholars engaged in the study of comparative law.

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Jewish Legal Theories
Writings on State, Religion, and Morality
Edited by Leora Batnitzky and Yonatan Brafman
Brandeis University Press, 2018
Contemporary arguments about Jewish law uniquely reflect both the story of Jewish modernity and a crucial premise of modern conceptions of law generally: the claim of autonomy for the intellectual subject and practical sphere of the law. Jewish Legal Theories collects representative modern Jewish writings on law and provides short commentaries and annotations on these writings that situate them within Jewish thought and history, as well as within modern legal theory. The topics addressed by these documents include Jewish legal theory from the modern nation-state to its adumbration in the forms of Orthodox, Conservative, and Reform Judaism in the German-Jewish context; the development of Jewish legal philosophy in Eastern Europe beginning in the eighteenth century; Ultra-Orthodox views of Jewish law premised on the rejection of the modern nation-state; the role of Jewish law in Israel; and contemporary feminist legal theory.
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Judaism's Theological Voice
The Melody of the Talmud
Jacob Neusner
University of Chicago Press, 1995
Distinguished historian of Judaism Jacob Neusner here ventures for the first time into constructive theology. Taking the everyday life of contemporary Judaism as his beginning, Neusner asks when in the life of the living faith of the Torah does Israel, the holy community, meet God? Where does the meeting take place? What is the medium of the encounter?

In his attempt to answer these questions, Neusner sets forth the character and the form of the Torah as sung theology. Israel, the holy community, meets God in the synagogue, while at prayer, and in the yeshiva, when studying the Torah—at the moment in each setting when the Torah is received. In both circumstances people do not read but sing out its words. With the written part of the Torah sung in the synagogue, and the oral part declaimed in centers of sacred learning, music provides the medium for Judaism's theological voice.

Neusner identifies a reciprocal exchange between the holy community Israel and God: Israel sings to God when the Torah is studied, and God sings to Israel when the Torah is declaimed. Through the metaphor of music, Neusner offers an account of how he believes those faithful to the Torah meet God in the Torah, and how they should listen to the melody of God's self-revelation. The result is an original theological reflection that will interest all students of Judaism.
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Legal Writing, Legal Practice
The Biblical Bailment Law and Divine Justice
Yael Landman
SBL Press, 2022
Prescriptive law writings rarely mirror the ways a society practices law, a fact that raises special problems for the social and legal historian. Through close analysis of the laws of bailment (i.e., temporary safekeeping) in Exodus 22, Yael Landman probes the relationship of law in the biblical law collections and law-in-practice in ancient Israel and exposes a vision of divine justice at the heart of pentateuchal law. Landman further demonstrates that ancient Near Eastern bailment laws continue to influence postbiblical Jewish law. This book advances an approach to the study of biblical law that connects pentateuchal and ancient Near Eastern law collections, biblical narrative and prophecy, and Mesopotamian legal documents and joins philological and comparative analysis with humanistic legal approaches, in order to access how people thought about and practiced law in ancient Israel.
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Midrash, Mishnah, and Gemara
The Jewish Predilection for Justified Law
David Weiss Halivni
Harvard University Press, 1986
An eminent authority on the Talmud offers here an analysis of classical rabbinic texts that illuminates the nature of Midrash, Mishnah, and Gemara, and highlights a fundamental characteristic of Jewish law. Midrash is firmly based on—draws its support from—Scripture. It thus projects the idea that law must be justified. The concept, David Weiss Halivni demonstrates, is at the heart of Jewish law and can be traced from the Bible (especially evident in Deuteronomy) through the classical commentaries of the Talmud. Only Mishnah is—like other ancient Near Eastern law—apodictic, recognizing no need for justification. But Midrash existed before Mishnah and its law served as grounding for the non-justificatory Mishnaic texts. Indeed, Halivni argues, Mishnah was a deviant form and consequently short-lived and never successfully revived, a response to particular religious and political conditions after the destruction of the Temple in 70 CE. He chronicles the persistence of justificatory Midrash, the culmination of its development in Gemara in the fifth and sixth centuries, and its continuation down through the ages. David Weiss Halivni has given us a lucid and compelling picture of the several modes of rabbinic learning and disputation and their historical relation to one another.
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The Mishnah in Contemporary Perspective, Volume 1
Alan J. Avery-Peck
SBL Press, 2016

Now in Paperback!

In the past thirty years, the Mishnah has taken its place as a principal focus in the academic study of religion and of Judaism. Many university scholars have participated in the contemporary revolution in the description, analysis, and interpretation of the Mishnah. Nearly all the publishing scholars of the academy who are now at work are represented in this project. Both essential volumes present a broad selection of approaches to the study of the Mishnah. What they prove in diverse ways is that the Mishnah defines the critical focus of the study of Judaism. It is a document that rewards study in the academic humanities.

Features:

  • The best of contemporary scholarship on the Mishnah
  • The most representative selection of contemporary Mishnah-study contributions available in any collection in a Western language
  • Paperback format of an essential Brill reference work
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Narrative, Violence, and the Law
The Essays of Robert Cover
Martha Minow, Michael Ryan, and Austin Sarat, Editors
University of Michigan Press, 1995
"Bob Cover was and remains the dominant voice of his generation among legal scholars. These essays, each one magnificent in itself, are, when taken together, even more important. The wisdom they impart is forever." --Guido Calabresi, Dean and Sterling Professor of Law, Yale University
"Robert Cover drew his sources for the authority of law--for its violence, but also for its paideic potential--from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories."--Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University
"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings."--Robert F. Drinan, S.J., Georgetown University Law Center
The late Robert Cover was Professor of Law, Yale Law School. Martha Minow is Professor of Law, Harvard Law School. Michael Ryan is Professor of English, Northeastern University. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College.
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Poverty, Law, and Divine Justice in Persian and Hellenistic Judah
Johannes Unsok Ro
SBL Press, 2018

A view of Persian and Hellenistic Judean communities through theological and socioeconomic lenses

Johannes Unsok Ro employs philological, historical, and sociological approaches to investigate the close connections between socioeconomic structures, social inequality, and theological developments in the Judean communities in Persian- and Hellenistic-era Palestine. Ro contends that competing points of view from communities of lay returnees, priestly returnees, and communities of resident Judeans and Samaritans were juxtaposed within the Hebrew Bible, which took shape during the postexilic period. By exploring issues such as the relationship between the shaping of the canon and literacy in the Judean community, the term strangers in the biblical law codes, the socioeconomic structures of Judean communities reflected in the biblical law codes, the development of the theological concept of divine punitive justice, the piety of the poor in certain psalms, and the concept of poverty in the Dead Sea Scrolls, Ro illustrates that the communities behind each text and its redactions can be ascertained through sociological and theological lenses.

Features

  • Demonstration that a theology of the poor materialized orally among the poor but found written expression among Levites
  • Insight into the socioeconomic and theological concerns of the authorial groups behind various biblical law codes
  • A case that biblical “poverty” sometimes refers to humility and a theologically reflected consciousness of lowliness toward God
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Praying Legally
Shalom E. Holtz
SBL Press, 2019

Explore the lengthy history of legal metaphors in ancient prayer

In biblical and other ancient Near Eastern sources, prayer is an opportunity to make one’s case before divine judges. Prayers were formulated using courtroom or trial language, including demands for judgment, confessions, and accusations. The presence of these legal concepts reveals ancient Near Eastern thoughts about what takes place when one prays. Holtz highlights legal concepts that appear in prayers, including the motif of the speakers' oppression in Psalms the possibility of countersuit against God through prayer, and divine attention and inattention as legal responses. By reading ancient prayers together with legal texts, this book shows how speakers took advantage of prayer as an opportunity to have their day in the divine court and even sue against divine injustice.

Features

  • Identification of legal vocabulary and concepts that appear in ancient prayers
  • Analysis of legal metaphors in prayer examples in Akkadian and postbiblical rabbinic texts
  • Interpretations of trial records and texts from Psalms and Lamentations
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Reading Reform Responsa
Jewish Tradition, Reform Rabbis, and Today's Issues
Mark Washofsky
Central Conference of American Rabbis, 2024

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Religious Objects as Psychological Structures
Moshe Halevi Spero
University of Chicago Press, 1992
In this original work, Moshe Halevi Spero makes a two-pronged effort to integrate the psychological and religious perspectives of contemporary psychoanalytic object relations theory with the system of Jewish ethics known as Halakhah. Religious Objects as Psychological Structures represents the first comprehensive theoretical and clinical integration of psychology and Judaism within the larger understanding of the religious nature of psychotherapy and the psychotherapeutic nature of religion.

By constructing a halakhic metapsychology within which psychological phenomena can be given specific halakhic identities, Spero arrives at a unique perspective on the development of religious objects and God representations. He traces two lines of development: one for relationships between humans, anthropocentric, and another for relationships between God and humans, deocentric. The second aspect of his argument is that these two distinct but parallel lines allow one to conceptualize the revolutionary possibility of transference displacements—the shift of religious symbology—not only from interpersonal relationships onto the God concept (Freud's model) but also from an objective human-God relationship onto interpersonal relationships. Filled with clinical as well as theoretical illustrations, Spero's work is a rich resource for both the religious patient and the religious therapist.

In the last few decades, a great deal of literature has been written on the relationship between theology and psychotherapy; none of this work, however, has addressed its subject using Judaism as a point of reference. Spero successfully takes up the task of bridging this gap in previous scholarship.
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