This book opens windows onto various aspects of Jewish legal
culture. Rather than taking a structural approach, and attempting
to circumscribe and define 'every' element of Jewish law, Windows
onto Jewish Legal Culture takes a dynamic and holistic approach,
describing diverse manifestations of Jewish legal culture, and its
general mind-set, without seeking to fit them into a single
structure. Jewish legal culture spans two millennia, and evolved in
geographic centers that were often very distant from one another
both geographically and socio-culturally. It encompasses the Talmud
and talmudic literature, the law codes, the rulings of rabbinical
courts, the responsa literature, decisions taken by communal
leaders, study of the law in talmudic academies, the local study
hall, and the home. But Jewish legal culture reaches well beyond
legal and quasi-legal institutions; it addresses, and is reflected
in, every aspect of daily life, from meals and attire to
interpersonal and communal relations. Windows onto Jewish Legal
Culture gives the reader a taste of the tremendous weight of Jewish
legal culture within Jewish life. Among the facets of Jewish legal
culture explored are two of its most salient distinguishing
features, namely, toleration and even encouragement of controversy,
and a preference for formalistic formulations. These features are
widely misunderstood, and Jewish legal culture is often parodied as
hair-splitting argument for the sake of argument. In explaining the
epistemic imperatives that motivate Jewish legal culture, however,
this book paints a very different picture. Situational constraints
and empirical considerations are shown to provide vital input into
legal determinations at every level, and the legal process is
revealed to be attentive to context and sensitive to cultural
concerns.
General
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