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.

Volume 19 of The Jewish Law Annual is a festschrift in honor of Professor Neil S. Hecht. It contains thirteen articles, ten in English and three in Hebrew. Several articles are jurisprudential in nature, focusing on analysis of halakhic institutions and concepts. Elisha Ancselovits discusses the concept of the prosbul, asking whether it is correct to construe it as a legal fiction, as several scholars have asserted. He takes issue with this characterization of the prosbul, and with other scholarly readings of Tannaitic law in general. The concepts of dignity and shame are addressed in two very different articles, one by Nahum Rakover, and the other by Hanina Ben-Menahem. The former discusses halakhic sources pertaining to the dignity inherent in human existence, and the importance of nurturing it. The latter presents a fascinating survey of actual legal practices that contravened this haklakhic norm. Attestations of these practices are adduced not only from halakhic and semi-halakhic documents, but also from literary, historical, and ethnographic sources. Three articles tackle topical issues of considerable contemporary interest. Bernard S. Jackson comments on legal issues relating to the concept of conversion arising from the story of the biblical heroine Ruth, and compares that concept to the notion of conversion invoked by a recent English court decision on eligibility for admission to denominational schools. An article by Dov I. Frimer explores the much agonized-over question of halakhic remedies for the wife whose husband refuses to grant her a get (bill of divorce), precluding her remarriage. Frimer s focus is the feasibility of inducing the husband to grant the get through monetary pressure, specifically, by awarding the chained wife compensatory tort damages. Tort remedies are also discussed in the third topical article, by Ronnie Warburg, on negligent misrepresentation by investment advisors. Two papers focus on theory of law. Shai Wozner explores the decision rules conduct rules dichotomy in the Jewish law context, clarifying how analysis of which category a given law falls under enhances our understanding of the law s intent. Daniel Sinclair explores the doctrine of normative transparency in the writings of Maimonides, the Hatam Sofer, and R. Abraham Isaac Kook, demonstrating that although transparency was universally endorsed as an ideal, some rabbinical authorities were willing to forego transparency where maintenance of the halakhic system itself was imperiled. An article by Alfredo M. Rabello reviews the primary and secondary literature on end-of-life issues, and contextualizes the much-discussed talmudic passage bAvoda Zara 18a. And an article by Chaim Saiman offers a critical survey of the main approaches to conceptualizing and teaching Jewish law in American universities; it also makes suggestions for new, and perhaps more illuminating pedagogic direction. In the Hebrew section, an intriguing article by Berachyahu Lifshitz presents a comparison of Persian and talmudic law on the status of promises and the role of the divine in their enforcement. Yuval Sinai discusses the halakhic law of evidence, particularly the well-known "two witnesses" requirement and departures from it. The volume closes with a historical article by Elimelech Westreich on the official rabbinical court in nineteenth century Jerusalem. It focuses on the rabbinical figures who served on the court, the communities for whom it adjudicated, and its role in the broader geopolitical and sociocultural context.

The daring idea that convention - human decision - lies at the root both of necessary truths and much of empirical science reverberates through twentieth-century philosophy, constituting a revolution comparable to Kant's Copernican revolution. This book provides a comprehensive study of Conventionalism. Drawing a distinction between two conventionalist theses, the under-determination of science by empirical fact, and the linguistic account of necessity, Yemima Ben-Menahem traces the evolution of both ideas to their origins in Poincare's geometric conventionalism. She argues that the radical extrapolations of Poincare's ideas by later thinkers, including Wittgenstein, Quine, and Carnap, eventually led to the decline of conventionalism. This book provides a fresh perspective on twentieth-century philosophy. Many of the major themes of contemporary philosophy emerge in this book as arising from engagement with the challenge of conventionalism.

Controversy is the main instrument by which Judaism develops and shapes its philosophy, theology and law. The rabbinical literature speaks with many voices, debating virtually every subject, and failing to reach a consensus on many. However, this willingness to condone controversy is accompanied by much deliberation. Controversy, and its legal, philosophical and social ramifications, was and remains of unparalleled concern to the rabbis. Today, we are also witness to a burgeoning academic interest in controversy and pluralism in Jewish law.

This book is an anthology of passages from the rabbinical literature that address the phenomenon of controversy in Jewish law, affording the English-speaking reader the opportunity for a first-hand encounter with this fascinating material. An extensive analytical introduction contextualizes the material from a philosophical perspective.

For more information, please visit www.controversy-dialogue.org.

This book subjects the traditional concept of law of nature to critical examination.  There are two kinds of reasons that invite this reexamination, one deriving from philosophical concerns over the traditional concept, the other motivated by theoretical and practical changes in science. One of the philosophical worries is that the idiom of law of nature, especially when combined with the notion of laws 'governing' individual events and processes, is no longer as intelligible as it used to be in the theistic context in which the formulation of laws became central to science. The traditional concept is also challenged in various ways by contemporary scientific theories such as quantum mechanics, chaos theory and the general theory of relativity. It is no longer clear that there are any universal laws, laws do not always guarantee predictability, and the border between physical and mathematical considerations is constantly shifting. The most difficult challenge, perhaps, is to come up with a scientific explanation of the origin of laws.  Wrestling with these intriguing problems, the papers in this volume broaden both our understanding of the natural order and our desiderata of scientific explanation. 

The richness of Putnam's philosophical oeuvre consists not only in the broad spectrum of problems addressed, but also in the transformations and restructuring his positions have undergone over the years. The essays collected in this volume are sensitive to both these dimensions. They discuss Putnam's major philosophical contributions to the theory of meaning, the philosophy of mind, the philosophy of science and mathematics, and moral theory. But, in addition, tracing threads of change and continuity, they analyze the dynamics underlying the unfolding of Putnam's thought. The volume also constitutes a critical introduction to a number of central issues in contemporary philosophy, including quantum logic, realism, functionalism, the 'minds as computer' metaphor, and the fact/value dichotomy.

This book explores the role of causal constraints in science, shifting our attention from causal relations between individual events--the focus of most philosophical treatments of causation-to a broad family of concepts and principles generating constraints on possible change. Yemima Ben-Menahem looks at determinism, locality, stability, symmetry principles, conservation laws, and the principle of least action-causal constraints that serve to distinguish events and processes that our best scientific theories mandate or allow from those they rule out. Ben-Menahem's approach reveals that causation is just as relevant to explaining why certain events fail to occur as it is to explaining events that do occur. She investigates the conceptual differences between, and interrelations of, members of the causal family, thereby clarifying problems at the heart of the philosophy of science. Ben-Menahem argues that the distinction between determinism and stability is pertinent to the philosophy of history and the foundations of statistical mechanics, and that the interplay of determinism and locality is crucial for understanding quantum mechanics. Providing historical perspective, she traces the causal constraints of contemporary science to traditional intuitions about causation, and demonstrates how the teleological appearance of some constraints is explained away in current scientific theories such as quantum mechanics. Causation in Science represents a bold challenge to both causal eliminativism and causal reductionism-the notions that causation has no place in science and that higher-level causal claims are reducible to the causal claims of fundamental physics.

The daring idea that convention - human decision - lies at the root both of necessary truths and much of empirical science reverberates through twentieth-century philosophy, constituting a revolution comparable to Kant's Copernican revolution. This book provides a comprehensive study of Conventionalism. Drawing a distinction between two conventionalist theses, the under-determination of science by empirical fact, and the linguistic account of necessity, Yemima Ben-Menahem traces the evolution of both ideas to their origins in Poincare's geometric conventionalism. She argues that the radical extrapolations of Poincare's ideas by later thinkers, including Wittgenstein, Quine, and Carnap, eventually led to the decline of conventionalism. This book provides a fresh perspective on twentieth-century philosophy. Many of the major themes of contemporary philosophy emerge in this book as arising from engagement with the challenge of conventionalism.

The richness of Putnam's philosophical oeuvre consists not only in the broad spectrum of problems addressed, but also in the transformations and restructuring his positions have undergone over the years. The essays collected in this volume are sensitive to both these dimensions. They discuss Putnam's major philosophical contributions to the theory of meaning, the philosophy of mind, the philosophy of science and mathematics, and moral theory. But, in addition, tracing threads of change and continuity, they analyze the dynamics underlying the unfolding of Putnam's thought. The volume also constitutes a critical introduction to a number of central issues in contemporary philosophy, including quantum logic, realism, functionalism, the 'minds as computer' metaphor, and the fact/value dichotomy.