Authors: Elliot Dorff
ISBN-13: 9780827608405, ISBN-10: 0827608403
Format: Hardcover
Publisher: Jewish Publication Society
Date Published: November 2007
Edition: (Non-applicable)
Book Synopsis
Table of Contents
Preface xiii
Acknowledgments xix
Foundations
Bringing the Topic Down to Earth 3
What Is a Philosophy-or a Theory-of Law? 3
Comparing American and Jewish Legal Theories 5
Why Care about Legal Theories? 18
Models Used in Legal Theories 22
Biblical Criticism and Revelation 29
The Core Concepts of My Theory of Jewish Law
The Body of Jewish Law: How It Resembles Other Legal Systems 45
A Statement of My Own Theory of Jewish Law 45
Why I Am Not a Legal Positivist 48
Jewish Law as a Living Organism 60
The Covenantal Soul of Jewish Law: How Jewish Law Is Unique 87
The Body and Soul of the Law 87
The Meanings of "Covenant" 89
Our Relationship with God: The Covenant Model 96
The Problems with the Covenant Theory 110
Comparing the Covenantal Model to Other Possible Ones 117
Our Relationship to Other Human Beings: The Duties of Covenantal Love 118
Implications of My Theory for Key Aspects of Jewish Law
Motivations to Live by Jewish Law 131
Multiple Motives 131
Motives Suggested by the Bible 133
Additional Motives Described by the Rabbis 173
The Implications of These Motives for Moderns 181
Continuity and Change in Jewish Law 189
The Roles of God and Human Beings in Interpreting and Applying Jewish Law 190
The Need for Interpretation 193
Retaining Coherence Despite Multiple Interpretations 196
Making Decisions after the Demise of the Sanhedrin 197
Retaining Authority Despite Multiple Opinions and Changes 199
Taking Jewish Law Seriously as the Prerequisite for Change 205
Continuity and Change in Our Time 207
The Relationship of Jewish Law to Morality and Theology 211
The Theoretical Basis of the Morality of Jewish Law 211
The Practical Burdens and Benefits of Using Jewish Law for Moral Guidance 212
Integrating Jewish Moral Norms and Theology into the Process of Making Jewish Legal Decisions 222
Jewish Law and Custom 245
The Character of Custom 245
Two Types of Custom 247
The Differences between Law and Custom 248
The Interactions between Law and Custom 250
Custom: The Example of Women's Roles in Jewish Life 253
Explaining My Theory through Comparisons and Applications
Comparisons to the Right and the Left 277
A Theory Slightly to My Right: David Hartman 278
A Theory to My Left: Eugene Borowitz 279
Applications of My Theory of Jewish Law to Specific Cases 283
My Own Experience in Making Jewish Legal Decisions 283
How My Theory Affected Some of My Legal Decisions 285
Gaining Moral Guidance and Wisdom in Covenant with God 294
Bibliography of Modern Sources 299
Index 311
Subjects