Forschungsstelle Rabbiner Gabriel Müller

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Rechtsgeschichte - Veröffentlichungen


The Harvard Law School Jewish Law and Modernity: Five Interpretation


1. Jacob Katz


The Unqualified Authority Claimed for Halachists

The problem to be dealt with here can be formulated without difficulty. The term da'at torah - `Torah view', occurs only once in the Babylonian Talmud. There it is contrasted with da'at nota, that is, the personal opinion of the scholar. This indicates that its opposite means the documented halachic decision...


2. Suzanne Last Stone

The Emergence of Jewish Law in Postmodernist Legal Theory

Introduction: The Halacha in Western Thought
The Postmodern Turn to the Jewish Legal Model
Uncoupling Jewish Law and Postmodern Thought
Conclusion: The Postmodern Temptation


3. Tikva Frymer-Kensky

The Feminist Challenge to Halakhah

Halakhah has faced many challenges during the several thousand years of its existence, some of them quite fundamental and far-reaching, that have resulted in major changes in the way we look at halakhah. An example is the dialogue with Aristotelianism which had so much to do with the codification of Jewish law and the change of halakhah into a statement of norms rather than a record of processes...


4. Ze'ev W. Falk

Jewish Religious Law in the Modern (and Postmodern) World


Modernity of Law

Modernity of Jewish Law


Postmodernity and Law

Postmodernity and Judaism



5. Moshe Halbertal

The History of Halakhah

Views from Within: Three Medieval Approaches to Tradition and Controversy


The Retrieval View

The Accumulative View

The Constitutive View