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This book explains and illustrates a variety of semiotic issues in
the study of biblical law. Commencing with a review of relevant
literature in linguistics, philosophy, semiotics and psychology, it
examines biblical law in terms of its users, its medium and its
message. It criticizes our use of the notion of 'literal meaning',
at the level of both words and sentences, preferring to see meaning
constructed by the narrative images that the language evokes. These
images may come from either social experience or cultural
narratives. Speech performance is important, both in the
negotiation of the law and the narratives of its communication.
Non-linguistic semiotic phenomena, utilizing other senses and
involving such notions as space and time, also need to be taken
into account. For the early biblical period, at least, conceptions
of law based upon modern models need to be replaced by the notion
of 'wisdom-laws'. Amongst the issues addressed in the course of the
argument are the structure of the Decalogue, the role in the law of
(Greenberg's) 'postulates', 'covenant renewal' and 'talionic
punishment'.>
Volume 15 of The Jewish Law Annual adds to the growing list of
articles on Jewish law that have been published in volumes 1-14 of
this series, providing English-speaking readers with scholarly
material meeting the highest academic standards. The volume
contains six articles diverse in their scope and focus,
encompassing legal, historical, textual, comparative and conceptual
analysis, as well as a survey of recent literature and a chronicle
of cases of interest. Among the topics covered are: lying in
rabbinical court proceedings; unjust enrichment; can a witness
serve as judge in the same case?; Caro's Shulham Arukh v.
Maimonides' Mishne Torah in the Yemenite community, the New Jersey
eruv wards.
Part 1 of the latest volume in "The Jewish Law Annual" comprises a
symposium on parent and child, examining such issues as parental
authority and the contrast between the Bible and Rabbinic law. Part
2 covers current legal thought on religious freedom in the United
States as well as contemporary developments in Jewish laws in
Israel. Part 3 is a major survey of recently published titles,
organized according to major legal categories.
We think of law as rules whose words are binding, used by the
courts in the adjudication of disputes. Bernard S. Jackson explains
that early biblical law was significantly different, and that many
of the laws in the Covenant Code in Exodus should be viewed as
"wisdom-laws." By this term, he means "self-executing" rules, the
provisions of which permit their application without recourse to
the law-courts or similar institutions. They thus conform to two
tenets of the "wisdom tradition": that judicial dispute should be
avoided, and that the law is a type of teaching, or "wisdom."
First published in 2004. Routledge is an imprint of Taylor &
Francis, an informa company.
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