Adele Reinhartz
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780195146967
- eISBN:
- 9780199785469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195146967.003.0012
- Subject:
- Religion, History of Christianity
This chapter looks at the representation of the Roman governor Pilate in the Jesus biopics in comparison with his role in the Gospel accounts. The Gospels portray him as a fair-minded and weak-willed ...
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This chapter looks at the representation of the Roman governor Pilate in the Jesus biopics in comparison with his role in the Gospel accounts. The Gospels portray him as a fair-minded and weak-willed leader, who was easily manipulated by Caiaphas and the Jewish crowds into executing Jesus despite his own belief in Jesus' innocence. This image contrasts rather starkly with the portrait of a ruthless, even vicious man that is to be found in noncanonical sources. In crafting a coherent and dramatic depiction of the events that lead inexorably to Jesus' crucifixion, filmmakers must address this discrepancy and, more specifically, assign responsibility for Jesus' death, either to Pilate, who formally pronounces the death sentence, or to one or more Jewish participants in this tragic affair. In doing so, they must also decide whether to introduce Pilate only in the trial scene, as the Gospels uniformly do, or to bring him into the story at an early point, in order to build a context and momentum for his role in the trial story.Less
This chapter looks at the representation of the Roman governor Pilate in the Jesus biopics in comparison with his role in the Gospel accounts. The Gospels portray him as a fair-minded and weak-willed leader, who was easily manipulated by Caiaphas and the Jewish crowds into executing Jesus despite his own belief in Jesus' innocence. This image contrasts rather starkly with the portrait of a ruthless, even vicious man that is to be found in noncanonical sources. In crafting a coherent and dramatic depiction of the events that lead inexorably to Jesus' crucifixion, filmmakers must address this discrepancy and, more specifically, assign responsibility for Jesus' death, either to Pilate, who formally pronounces the death sentence, or to one or more Jewish participants in this tragic affair. In doing so, they must also decide whether to introduce Pilate only in the trial scene, as the Gospels uniformly do, or to bring him into the story at an early point, in order to build a context and momentum for his role in the trial story.
George P. Fletcher
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195156287
- eISBN:
- 9780199872169
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195156285.003.0002
- Subject:
- Political Science, American Politics
This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the ...
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This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the German Constitution. The idea of law as a path to redemption for a people or nation is examined. The author points out that he considers the “original intent” of the framers of the Constitution (and its subsequent Amendments) irrelevant for the purposes of this book's analysis.Less
This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the German Constitution. The idea of law as a path to redemption for a people or nation is examined. The author points out that he considers the “original intent” of the framers of the Constitution (and its subsequent Amendments) irrelevant for the purposes of this book's analysis.
Adele Reinhartz
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780195146967
- eISBN:
- 9780199785469
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195146967.003.0010
- Subject:
- Religion, History of Christianity
The biopic genre requires that the hero confront hostility and opposition. The Gospels point to a bewildering array of Jewish groups who are hostile to Jesus: scribes, elders, chief priests, ...
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The biopic genre requires that the hero confront hostility and opposition. The Gospels point to a bewildering array of Jewish groups who are hostile to Jesus: scribes, elders, chief priests, Herodians (Mark 3:6), Pharisees, and Sadducees. But during Jesus' ministry, it is the Pharisees who constitute Jesus' most implacable opposition. Were the Pharisees merely another long-gone 1st-century Jewish sect, their portrayal would pose no problem for filmmakers. While the Pharisees are no longer in existence as such, they are nevertheless considered within the Jewish tradition to be the forerunners of the rabbis who shaped Jewish belief and practice as they are still known today. The filmmaker's dilemma arises from this contradiction between the Pharisees' hateful role as Jesus' enemies within the Christian scriptures and their heroic place in Jewish tradition. The danger is that in portraying the Pharisees as Jesus' harsh enemies, filmmakers become vulnerable to the charge of anti-Semitism.Less
The biopic genre requires that the hero confront hostility and opposition. The Gospels point to a bewildering array of Jewish groups who are hostile to Jesus: scribes, elders, chief priests, Herodians (Mark 3:6), Pharisees, and Sadducees. But during Jesus' ministry, it is the Pharisees who constitute Jesus' most implacable opposition. Were the Pharisees merely another long-gone 1st-century Jewish sect, their portrayal would pose no problem for filmmakers. While the Pharisees are no longer in existence as such, they are nevertheless considered within the Jewish tradition to be the forerunners of the rabbis who shaped Jewish belief and practice as they are still known today. The filmmaker's dilemma arises from this contradiction between the Pharisees' hateful role as Jesus' enemies within the Christian scriptures and their heroic place in Jewish tradition. The danger is that in portraying the Pharisees as Jesus' harsh enemies, filmmakers become vulnerable to the charge of anti-Semitism.
Daniel B. Sinclair
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198268277
- eISBN:
- 9780191683480
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268277.001.0001
- Subject:
- Law, Medical Law
This book deals with the following controversial issues in Jewish Law: abortion, assisted reproduction, genetics, the obligation to heal, patient autonomy, treatment of the terminally ill, the ...
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This book deals with the following controversial issues in Jewish Law: abortion, assisted reproduction, genetics, the obligation to heal, patient autonomy, treatment of the terminally ill, the definition of death, organ donations, and the allocation of scarce medical resources. The book focuses upon the complex interplay between legal and moral elements in the decision-making process, particularly when questions of life and death (such as abortion and treatment of the terminally ill) are involved. The author argues that the moral element in Jewish biomedical law is of a universal, rational nature, and its theoretical basis may be located in a weak form of Natural law theory regarding the value of human life in the Jewish legal tradition. The concept of patient autonomy in Jewish biomedical law is more limited than in contemporary liberal jurisprudence, and is based upon theological as well as strictly legal elements. The influence of scientific thinking upon the decision-making process in Jewish biomedical law is illustrated in a discussion of the contemporary debate concerning the permissibility of heart transplants. In most chapters, Jewish law is compared and contrasted with Canon and Common Law, and the volume also discusses the role played by Jewish biomedical law in modern, secular Israeli law. In this context, it addresses the thorny issue of combining religious law with democratic principles within the framework of a secular legal system.Less
This book deals with the following controversial issues in Jewish Law: abortion, assisted reproduction, genetics, the obligation to heal, patient autonomy, treatment of the terminally ill, the definition of death, organ donations, and the allocation of scarce medical resources. The book focuses upon the complex interplay between legal and moral elements in the decision-making process, particularly when questions of life and death (such as abortion and treatment of the terminally ill) are involved. The author argues that the moral element in Jewish biomedical law is of a universal, rational nature, and its theoretical basis may be located in a weak form of Natural law theory regarding the value of human life in the Jewish legal tradition. The concept of patient autonomy in Jewish biomedical law is more limited than in contemporary liberal jurisprudence, and is based upon theological as well as strictly legal elements. The influence of scientific thinking upon the decision-making process in Jewish biomedical law is illustrated in a discussion of the contemporary debate concerning the permissibility of heart transplants. In most chapters, Jewish law is compared and contrasted with Canon and Common Law, and the volume also discusses the role played by Jewish biomedical law in modern, secular Israeli law. In this context, it addresses the thorny issue of combining religious law with democratic principles within the framework of a secular legal system.
Yaacob Dweck
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691145082
- eISBN:
- 9781400840007
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691145082.003.0002
- Subject:
- Religion, Judaism
This chapter posits Leon Modena's writing practices within the context of early modern Venice, capital of Hebrew printing and center of manuscript production. The circumstances of Modena's life as ...
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This chapter posits Leon Modena's writing practices within the context of early modern Venice, capital of Hebrew printing and center of manuscript production. The circumstances of Modena's life as well as the cultural world of early modern Venice offer some context for why Ari Nohem (The Roaring Lion, 1840) did not appear in print in the seventeenth century. As a work of criticism, Ari Nohem reflected upon the transmission of Jewish tradition, particularly the transmission of esoteric information and the principles of Jewish law. Modena argued that the printing of legal and kabbalistic books had effected a radical change in the transmission of Jewish tradition, a change that he decried in no uncertain terms at several points. Ari Nohem polemicized against one medium, print, in the form of another, manuscript.Less
This chapter posits Leon Modena's writing practices within the context of early modern Venice, capital of Hebrew printing and center of manuscript production. The circumstances of Modena's life as well as the cultural world of early modern Venice offer some context for why Ari Nohem (The Roaring Lion, 1840) did not appear in print in the seventeenth century. As a work of criticism, Ari Nohem reflected upon the transmission of Jewish tradition, particularly the transmission of esoteric information and the principles of Jewish law. Modena argued that the printing of legal and kabbalistic books had effected a radical change in the transmission of Jewish tradition, a change that he decried in no uncertain terms at several points. Ari Nohem polemicized against one medium, print, in the form of another, manuscript.
Tessa Rajak
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199558674
- eISBN:
- 9780191720895
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558674.003.0003
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter shows that the broad claim that the King commissioned the translation is credible when set against the background of his ambitious cultural imperialism. In the early days of Alexandria, ...
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This chapter shows that the broad claim that the King commissioned the translation is credible when set against the background of his ambitious cultural imperialism. In the early days of Alexandria, the legacy of Alexander the Great kept alive curiosity about other cultures. Aristotelians amassed and catalogued information, and the Jews and Judaism were within their purview. For the King, too, Judaea and the Jews were a part of his empire which demanded attention. As for the Jews of Alexandria, they tied themselves into the Ptolemaic project at an early date, and they showed striking prescience in their ready adaptation to Alexandria's dynamic recreation of the heritage of Athens by their immediate acceptance of the Bible translation. This represents a prompt acceptance of the indispensability of operating in the colonial language, the common Greek (koine) of the age. But the community also appreciated the value of standing back from that project and not forgetting Jerusalem.Less
This chapter shows that the broad claim that the King commissioned the translation is credible when set against the background of his ambitious cultural imperialism. In the early days of Alexandria, the legacy of Alexander the Great kept alive curiosity about other cultures. Aristotelians amassed and catalogued information, and the Jews and Judaism were within their purview. For the King, too, Judaea and the Jews were a part of his empire which demanded attention. As for the Jews of Alexandria, they tied themselves into the Ptolemaic project at an early date, and they showed striking prescience in their ready adaptation to Alexandria's dynamic recreation of the heritage of Athens by their immediate acceptance of the Bible translation. This represents a prompt acceptance of the indispensability of operating in the colonial language, the common Greek (koine) of the age. But the community also appreciated the value of standing back from that project and not forgetting Jerusalem.
Daniel B. Sinclair
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198268277
- eISBN:
- 9780191683480
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268277.003.0002
- Subject:
- Law, Medical Law
This chapter discusses the issue of assisted reproduction in Jewish law. Topics covered include morality, naturalism, and artificial insemination using the husband's sperm (AIH); artificial ...
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This chapter discusses the issue of assisted reproduction in Jewish law. Topics covered include morality, naturalism, and artificial insemination using the husband's sperm (AIH); artificial insemination using donor sperm (AID) and the issues of adultery and mamzerut, other halakhic problems associated with AID, moral objections to AID, in vitro fertilization (IVF), halakhic problems in relation to IVF using donor eggs or a surrogate mother, the role of aggadah in determining maternity, and procreative obligation and procreative autonomy in Jewish and Israeli law.Less
This chapter discusses the issue of assisted reproduction in Jewish law. Topics covered include morality, naturalism, and artificial insemination using the husband's sperm (AIH); artificial insemination using donor sperm (AID) and the issues of adultery and mamzerut, other halakhic problems associated with AID, moral objections to AID, in vitro fertilization (IVF), halakhic problems in relation to IVF using donor eggs or a surrogate mother, the role of aggadah in determining maternity, and procreative obligation and procreative autonomy in Jewish and Israeli law.
Lisa Kemmerer
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199790678
- eISBN:
- 9780199919178
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199790678.003.0006
- Subject:
- Religion, Religion and Society
The fifth chapter explores animal-friendly teachings and practices in Jewish religious traditions through sacred texts and teachings, such as creation and sacred nature, mercy and compassion, tsa’ar ...
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The fifth chapter explores animal-friendly teachings and practices in Jewish religious traditions through sacred texts and teachings, such as creation and sacred nature, mercy and compassion, tsa’ar ba’alei chayim, “dominion” in the image of God, humility, the Peaceable Kingdom, Jewish law, and diet. Chapter 5 also explores the relationship between the divine and nonhuman animals, and the divinely ordained relationship between humans and other animals as presented in scriptures (especially Genesis, Psalms and the Book of Job). This chapter closes by describing animal activism in Judaism as exemplified by rabbis and the prophets, as well as by activists such as Lewis Gompertz (founder of RSPCA) and contemporary animal liberationists Richard Schwartz and Nina Natelson.Less
The fifth chapter explores animal-friendly teachings and practices in Jewish religious traditions through sacred texts and teachings, such as creation and sacred nature, mercy and compassion, tsa’ar ba’alei chayim, “dominion” in the image of God, humility, the Peaceable Kingdom, Jewish law, and diet. Chapter 5 also explores the relationship between the divine and nonhuman animals, and the divinely ordained relationship between humans and other animals as presented in scriptures (especially Genesis, Psalms and the Book of Job). This chapter closes by describing animal activism in Judaism as exemplified by rabbis and the prophets, as well as by activists such as Lewis Gompertz (founder of RSPCA) and contemporary animal liberationists Richard Schwartz and Nina Natelson.
Phillip I. Ackerman-Lieberman
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780804785471
- eISBN:
- 9780804787161
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804785471.003.0002
- Subject:
- Society and Culture, Jewish Studies
The second chapter explores in depth the legal documents from the Geniza that concern commercial partnerships. These documents have received short shrift in other studies of commercial cooperation, ...
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The second chapter explores in depth the legal documents from the Geniza that concern commercial partnerships. These documents have received short shrift in other studies of commercial cooperation, and their analysis reveals that the commercial structures used by Jews were in fact closely related to those seen in the classical compendia of Jewish law, particularly where Jewish and Islamic law differ. Furthermore, chapter shows how the distinctively Jewish aspects of commercial cooperation parallel other distinctive aspects of Jewish law and culture. Therefore, Jewish merchants’ deliberate and free choice of commercial vehicles known from Jewish law may be seen as affirming a distinctive Jewish identity which cuts across cultural domains.Less
The second chapter explores in depth the legal documents from the Geniza that concern commercial partnerships. These documents have received short shrift in other studies of commercial cooperation, and their analysis reveals that the commercial structures used by Jews were in fact closely related to those seen in the classical compendia of Jewish law, particularly where Jewish and Islamic law differ. Furthermore, chapter shows how the distinctively Jewish aspects of commercial cooperation parallel other distinctive aspects of Jewish law and culture. Therefore, Jewish merchants’ deliberate and free choice of commercial vehicles known from Jewish law may be seen as affirming a distinctive Jewish identity which cuts across cultural domains.
Daniel B. Sinclair
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198268277
- eISBN:
- 9780191683480
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268277.003.0001
- Subject:
- Law, Medical Law
This chapter discusses the issue of abortion in Jewish law. Topics covered include foetal status and abortion; foeticide and abortion in early Christian writings, Canon law, and the Common law; the ...
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This chapter discusses the issue of abortion in Jewish law. Topics covered include foetal status and abortion; foeticide and abortion in early Christian writings, Canon law, and the Common law; the relationship between law and morality in the halakhah on abortion; morality, the noahide laws, and a limited form of natural law in abortion halakhah, the moral element in the responsa literature on abortion, future trends in abortion halakhah, and foetuses and critically ill mothers in Jewish and Israeli law.Less
This chapter discusses the issue of abortion in Jewish law. Topics covered include foetal status and abortion; foeticide and abortion in early Christian writings, Canon law, and the Common law; the relationship between law and morality in the halakhah on abortion; morality, the noahide laws, and a limited form of natural law in abortion halakhah, the moral element in the responsa literature on abortion, future trends in abortion halakhah, and foetuses and critically ill mothers in Jewish and Israeli law.
Daniel Sinclair
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198262626
- eISBN:
- 9780191682360
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262626.003.0015
- Subject:
- Law, Legal History
Since the establishment of the State of Israel, Rabbinical Courts, which are comprised of religious judges who rely largely on the traditional halakhah, have dominated the jurisdiction for various ...
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Since the establishment of the State of Israel, Rabbinical Courts, which are comprised of religious judges who rely largely on the traditional halakhah, have dominated the jurisdiction for various matters of personal status. Although other areas of Israeli Law have determined and influenced Jewish Law, the extent to which this influence has become a binding influence is an issue that is subject to debate. While members of the Israel judiciary would generally believe that legal enrichment is derived from Jewish Law, this chapter provides a discussion regarding how arguments concerning the Foundations of Law Act 1980 would prove otherwise, through illustrating how Jewish Law is subject only to selective application. The chapter also explains how the Mishpat Ivri plays no small part in creating tensions within modern and traditional aspects of Israeli culture, and significantly impacts developments on Israeli Law.Less
Since the establishment of the State of Israel, Rabbinical Courts, which are comprised of religious judges who rely largely on the traditional halakhah, have dominated the jurisdiction for various matters of personal status. Although other areas of Israeli Law have determined and influenced Jewish Law, the extent to which this influence has become a binding influence is an issue that is subject to debate. While members of the Israel judiciary would generally believe that legal enrichment is derived from Jewish Law, this chapter provides a discussion regarding how arguments concerning the Foundations of Law Act 1980 would prove otherwise, through illustrating how Jewish Law is subject only to selective application. The chapter also explains how the Mishpat Ivri plays no small part in creating tensions within modern and traditional aspects of Israeli culture, and significantly impacts developments on Israeli Law.
suzanne last stone
- Published in print:
- 2010
- Published Online:
- June 2013
- ISBN:
- 9780804771696
- eISBN:
- 9780804777223
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804771696.003.0004
- Subject:
- Law, Comparative Law
This chapter offers a conceptual history of Halakha, the elaborate body of Jewish law adumbrated in the wake of the destruction of the Second Temple. In contrast to the usual depiction of halakha ...
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This chapter offers a conceptual history of Halakha, the elaborate body of Jewish law adumbrated in the wake of the destruction of the Second Temple. In contrast to the usual depiction of halakha today as comprehensive, self-sufficient, and unified—aspiring to create a total, sacred society—it provides an alternative picture of halakha as the coexistence of universal and particular legal systems within a complex legal order. These systems are conceptually and normatively distinct, although they interact within the overarching halakhic framework. The universal is not the domain of the transcendent, however, as moderns have come to think. Instead, the universal is that part of halakha shared with all conventional societies. The particular is over and above the universal; it is the domain of true justice or the sacred and, to the extent it is embedded in civil society, is available to critique and counter the dominant law of the nation-state. The chapter begins with some necessary historical background by tracing the transformation of the biblical view of a national, collective law to the classical rabbinic transnational model, and then outlining the tensions inaugurated within Jewish legal thought with the rise of the modern nation-state and especially the State of Israel.Less
This chapter offers a conceptual history of Halakha, the elaborate body of Jewish law adumbrated in the wake of the destruction of the Second Temple. In contrast to the usual depiction of halakha today as comprehensive, self-sufficient, and unified—aspiring to create a total, sacred society—it provides an alternative picture of halakha as the coexistence of universal and particular legal systems within a complex legal order. These systems are conceptually and normatively distinct, although they interact within the overarching halakhic framework. The universal is not the domain of the transcendent, however, as moderns have come to think. Instead, the universal is that part of halakha shared with all conventional societies. The particular is over and above the universal; it is the domain of true justice or the sacred and, to the extent it is embedded in civil society, is available to critique and counter the dominant law of the nation-state. The chapter begins with some necessary historical background by tracing the transformation of the biblical view of a national, collective law to the classical rabbinic transnational model, and then outlining the tensions inaugurated within Jewish legal thought with the rise of the modern nation-state and especially the State of Israel.
David S. Katz
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198206675
- eISBN:
- 9780191677267
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206675.003.0002
- Subject:
- History, British and Irish Early Modern History, British and Irish Modern History
This chapter discusses the Jewish element in the making of the English Reformation, showing that, in the years immediately before Henry VIII's ...
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This chapter discusses the Jewish element in the making of the English Reformation, showing that, in the years immediately before Henry VIII's declaration of royal supremacy, he based his entire case on Jewish law and was guided in these obscure matters by learned Italian Jews. Henry's tactics were clear to those around him in 1529 and 1530, yet English historians have been unable to see those years as he saw them himself. At the same time, a subject like the Jewish advocates of Henry VIII's divorce has been largely excluded from what was considered Jewish history, properly speaking. The actual number of Jews involved with the English King was very small, and only one of them came to London. The influence of Jews in the divorce question was very great, far out of proportion to the number of Jews concerned, and thereby must fall within the purview of anyone interested in Anglo-Jewry.Less
This chapter discusses the Jewish element in the making of the English Reformation, showing that, in the years immediately before Henry VIII's declaration of royal supremacy, he based his entire case on Jewish law and was guided in these obscure matters by learned Italian Jews. Henry's tactics were clear to those around him in 1529 and 1530, yet English historians have been unable to see those years as he saw them himself. At the same time, a subject like the Jewish advocates of Henry VIII's divorce has been largely excluded from what was considered Jewish history, properly speaking. The actual number of Jews involved with the English King was very small, and only one of them came to London. The influence of Jews in the divorce question was very great, far out of proportion to the number of Jews concerned, and thereby must fall within the purview of anyone interested in Anglo-Jewry.
Phillip I. Ackerman-Lieberman
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780804785471
- eISBN:
- 9780804787161
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804785471.003.0003
- Subject:
- Society and Culture, Jewish Studies
The third chapter emphasizes the deliberate and free aspect of Jewish merchants’ choice of commercial vehicles through a close reading of court practice. The chapter reveals the (Rabbanite) Jewish ...
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The third chapter emphasizes the deliberate and free aspect of Jewish merchants’ choice of commercial vehicles through a close reading of court practice. The chapter reveals the (Rabbanite) Jewish court to have educated Jewish merchants as to Jewish legal norms and then to have given those merchants some flexibility to contract agreements that did not accord with those norms. Since Jewish merchants could easily have chosen mercantile structures that did not accord with Jewish law, the fact that they often chose structures that did accord with Jewish law should be understood as an attempt to use commercial practice as a vehicle for affirming a distinctive Jewish identity.Less
The third chapter emphasizes the deliberate and free aspect of Jewish merchants’ choice of commercial vehicles through a close reading of court practice. The chapter reveals the (Rabbanite) Jewish court to have educated Jewish merchants as to Jewish legal norms and then to have given those merchants some flexibility to contract agreements that did not accord with those norms. Since Jewish merchants could easily have chosen mercantile structures that did not accord with Jewish law, the fact that they often chose structures that did accord with Jewish law should be understood as an attempt to use commercial practice as a vehicle for affirming a distinctive Jewish identity.
Daniel B. Sinclair
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198268277
- eISBN:
- 9780191683480
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268277.003.0005
- Subject:
- Law, Medical Law
This chapter begins with a brief survey of the pre-modern law of the goses, which sets the scene for a detailed discussion of the attempts by modern halakhic authorities to deal with the complex and ...
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This chapter begins with a brief survey of the pre-modern law of the goses, which sets the scene for a detailed discussion of the attempts by modern halakhic authorities to deal with the complex and morally challenging debate surrounding the withdrawal of sophisticated life-support technology from terminally ill patients. The gap between the natural death context of the old sources and the hospitalized terminal patient of contemporary times is a dramatic one, giving rise to a host of legal and moral issues. In addition, there is the very basic question of how to read halakhic sources set in an ancient medical setting in a way that will endow them with significance for contemporary times.Less
This chapter begins with a brief survey of the pre-modern law of the goses, which sets the scene for a detailed discussion of the attempts by modern halakhic authorities to deal with the complex and morally challenging debate surrounding the withdrawal of sophisticated life-support technology from terminally ill patients. The gap between the natural death context of the old sources and the hospitalized terminal patient of contemporary times is a dramatic one, giving rise to a host of legal and moral issues. In addition, there is the very basic question of how to read halakhic sources set in an ancient medical setting in a way that will endow them with significance for contemporary times.
Renée Levine Melammed
- Published in print:
- 2002
- Published Online:
- October 2011
- ISBN:
- 9780195151671
- eISBN:
- 9780199849215
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195151671.003.0005
- Subject:
- Religion, Judaism
This chapter discusses the work of crypto-Jewish woman which on the whole was composed of what is categorized as domestic work that provided the only Jewish-style framework for the women and their ...
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This chapter discusses the work of crypto-Jewish woman which on the whole was composed of what is categorized as domestic work that provided the only Jewish-style framework for the women and their families. Jewish law imposed a great deal of work for the judaizing woman, divided according to legal or halachic categories. Observance of the Sabbath required extensive labor every week; the preparation necessary for Passover was probably the finest example of intensive domestic labor that was not only thorough but thoroughly exhausting.Less
This chapter discusses the work of crypto-Jewish woman which on the whole was composed of what is categorized as domestic work that provided the only Jewish-style framework for the women and their families. Jewish law imposed a great deal of work for the judaizing woman, divided according to legal or halachic categories. Observance of the Sabbath required extensive labor every week; the preparation necessary for Passover was probably the finest example of intensive domestic labor that was not only thorough but thoroughly exhausting.
David Novak
- Published in print:
- 2011
- Published Online:
- February 2021
- ISBN:
- 9781906764074
- eISBN:
- 9781800340527
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.3828/liverpool/9781906764074.003.0003
- Subject:
- Religion, Judaism
This chapter discusses the law of adjudication. The rabbinic tradition presents two divergent positions on the nature of the law of adjudication. The first position, articulated most fully by ...
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This chapter discusses the law of adjudication. The rabbinic tradition presents two divergent positions on the nature of the law of adjudication. The first position, articulated most fully by Maimonides, was that this law was to be imposed upon gentiles by Jews; that is, ideally, Jewish judges would arbitrate Noahide laws for gentiles. The second position, advocated by Nahmanides, holds that non-Jews establish and maintain their own courts separate from Jewish courts, and judge based on the general principles of Noahide law. The chapter then looks at how the rabbis consistently moved Jewish law in the direction of Jewish and non-Jewish equality in matters of civil jurisprudence. The law of adjudication was also used by the rabbis to justify non-Jewish political authority over Jews. Finally, the chapter explores the principle of dina d'malkhuta dina (the law of the land is the law).Less
This chapter discusses the law of adjudication. The rabbinic tradition presents two divergent positions on the nature of the law of adjudication. The first position, articulated most fully by Maimonides, was that this law was to be imposed upon gentiles by Jews; that is, ideally, Jewish judges would arbitrate Noahide laws for gentiles. The second position, advocated by Nahmanides, holds that non-Jews establish and maintain their own courts separate from Jewish courts, and judge based on the general principles of Noahide law. The chapter then looks at how the rabbis consistently moved Jewish law in the direction of Jewish and non-Jewish equality in matters of civil jurisprudence. The law of adjudication was also used by the rabbis to justify non-Jewish political authority over Jews. Finally, the chapter explores the principle of dina d'malkhuta dina (the law of the land is the law).
Jonathan Klawans
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199928613
- eISBN:
- 9780199980567
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199928613.003.0004
- Subject:
- Religion, Judaism
This chapter begins with a discussion of Josephus’s descriptions of disputes between Pharisees and Sadducees regarding the authority of scripture and tradition. Again, Josephus’s testimony is found ...
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This chapter begins with a discussion of Josephus’s descriptions of disputes between Pharisees and Sadducees regarding the authority of scripture and tradition. Again, Josephus’s testimony is found to be reasonably commensurate with external evidence. The discussion then expands to a consideration of Josephus’s treatment of the Essene view. Granting that Josephus is less clear about the Essenes’ view of legal authority, there is sufficient reason to question one current trend in scholarship, which elides the Sadducean view with the Qumranic/Essene one. The second half of the chapter reviews Josephus’s discussions of changes to legal practice, including the creation of new festivals such as Purim and Hunukkah, and the Maccabean decision to fight on the Sabbath. It is argued that Josephus’s own approach to law is roughly in line with the Pharisaic he has described: Josephus accepts the authority of scripture and tradition, but opposes changes imposed by illegitimate leaders or that were put in place without the people’s consent. It is observed that Josephus does not accept the authority of post-Mosaic prophetic legislation—which curiously puts Josephus at odds with the Dead Sea sect.Less
This chapter begins with a discussion of Josephus’s descriptions of disputes between Pharisees and Sadducees regarding the authority of scripture and tradition. Again, Josephus’s testimony is found to be reasonably commensurate with external evidence. The discussion then expands to a consideration of Josephus’s treatment of the Essene view. Granting that Josephus is less clear about the Essenes’ view of legal authority, there is sufficient reason to question one current trend in scholarship, which elides the Sadducean view with the Qumranic/Essene one. The second half of the chapter reviews Josephus’s discussions of changes to legal practice, including the creation of new festivals such as Purim and Hunukkah, and the Maccabean decision to fight on the Sabbath. It is argued that Josephus’s own approach to law is roughly in line with the Pharisaic he has described: Josephus accepts the authority of scripture and tradition, but opposes changes imposed by illegitimate leaders or that were put in place without the people’s consent. It is observed that Josephus does not accept the authority of post-Mosaic prophetic legislation—which curiously puts Josephus at odds with the Dead Sea sect.
AMRAM TROPPER
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780197264744
- eISBN:
- 9780191734663
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264744.003.0007
- Subject:
- History, Middle East History
This chapter examines the current state of research into mishnah, the first major work of rabbinic Judaism. It explains that the mishnah is primarily an edited anthology of brief and often elliptical ...
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This chapter examines the current state of research into mishnah, the first major work of rabbinic Judaism. It explains that the mishnah is primarily an edited anthology of brief and often elliptical pronouncements on matters of Jewish law and practice, frequently providing conflicting views on the individual matters discussed. It discusses the six sedarim of the mishnah and mentions that the mishnah frequently digresses from its main topics at every level of the organisational hierarchy.Less
This chapter examines the current state of research into mishnah, the first major work of rabbinic Judaism. It explains that the mishnah is primarily an edited anthology of brief and often elliptical pronouncements on matters of Jewish law and practice, frequently providing conflicting views on the individual matters discussed. It discusses the six sedarim of the mishnah and mentions that the mishnah frequently digresses from its main topics at every level of the organisational hierarchy.
Aharon Shemesh
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780520259102
- eISBN:
- 9780520945036
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520259102.001.0001
- Subject:
- Religion, Judaism
This book offers a comprehensive study of the legal material found in the Dead Sea Scrolls and its significance in the greater history of Jewish religious law (Halakhah). The study revives an issue ...
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This book offers a comprehensive study of the legal material found in the Dead Sea Scrolls and its significance in the greater history of Jewish religious law (Halakhah). The study revives an issue long dormant in religious scholarship: namely, the relationship between rabbinic law, as written more than one hundred years after the destruction of the Second Temple, and Jewish practice during the Second Temple. The monumental discovery of the Dead Sea Scrolls in Qumran led to the revelation of this missing material and the closing of a two-hundred-year gap in knowledge, allowing work to begin comparing specific laws of the Qumran sect with rabbinic laws. With the publication of scroll 4QMMT—a polemical letter by Dead Sea sectarians concerning points of Jewish law—an effective comparison was finally possible. This is the first book-length treatment of the material to appear since the publication of 4QMMT and the first attempt to apply its discoveries to the work of nineteenth-century scholars. It is also the first work on this topic written in a style that is accessible to non-specialists in the history of Jewish law.Less
This book offers a comprehensive study of the legal material found in the Dead Sea Scrolls and its significance in the greater history of Jewish religious law (Halakhah). The study revives an issue long dormant in religious scholarship: namely, the relationship between rabbinic law, as written more than one hundred years after the destruction of the Second Temple, and Jewish practice during the Second Temple. The monumental discovery of the Dead Sea Scrolls in Qumran led to the revelation of this missing material and the closing of a two-hundred-year gap in knowledge, allowing work to begin comparing specific laws of the Qumran sect with rabbinic laws. With the publication of scroll 4QMMT—a polemical letter by Dead Sea sectarians concerning points of Jewish law—an effective comparison was finally possible. This is the first book-length treatment of the material to appear since the publication of 4QMMT and the first attempt to apply its discoveries to the work of nineteenth-century scholars. It is also the first work on this topic written in a style that is accessible to non-specialists in the history of Jewish law.
