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The gift of the land of Israel by God is an essential element in
Jewish identity, religiously and politically. That the gift came at
the expense of the local Canaanites has stimulated deep reflections
and heated debate in Jewish literature, from the creation of the
Bible to the twenty-first century. The essays in this book examine
the theological, ethical, and political issues connected with the
gift and with the fate of the Canaanites, focusing on classical
Jewish texts and major Jewish commentators, legal thinkers, and
philosophers from ancient times to the present.
This collection of essays is written by some of the world's leading
experts in international human rights law, and corresponds to the
main junctures in the professional life of Professor David
Kretzmer, a leading human right academic and practitioner. The
different essays focus on contemporary human rights protection
challenges. They address conceptual problems such as differences
between limits and restrictions, and application of human rights
standards to businesses and international organisations; legal
doctrinal responses to changing realities in the field of
surveillance and identity politics; the weakness of monitoring
institutions engaged in standard setting; and the practical
difficulties in applying international human rights law to the
Israeli-Palestinian conflict in a manner sensitive to gender
dimensions and the particular political dynamics of the situation.
Collectively, the essays offer a rich picture of the current
potential shortcomings of international human rights law in
addressing complex problems of law, politics and ethics.
Why are we so concerned with belonging? In what ways does our
belonging constitute our identity? Is belonging a universal concept
or a culturally dependent value? How does belonging situate and
motivate us? Joseph E. David grapples with these questions through
a genealogical analysis of ideas and concepts of belonging. His
book transports readers to crucial historical moments in which
perceptions of belonging have been formed, transformed, or
dismantled. The cases presented here focus on the pivotal role
played by belonging in kinship, law, and political order,
stretching across cultural and religious contexts from
eleventh-century Mediterranean religious legal debates to
twentieth-century statist liberalism in Western societies. With his
thorough inquiry into diverse discourses of belonging, David pushes
past the politics of belonging and forces us to acknowledge just
how wide-ranging and fluid notions of belonging can be.
The gift of the land of Israel by God is an essential element in
Jewish identity, religiously and politically. That the gift came at
the expense of the local Canaanites has stimulated deep reflections
and heated debate in Jewish literature, from the creation of the
Bible to the twenty-first century. The essays in this book examine
the theological, ethical, and political issues connected with the
gift and with the fate of the Canaanites, focusing on classical
Jewish texts and major Jewish commentators, legal thinkers, and
philosophers from ancient times to the present.
The book provides in depth studies of two epistemological aspects
of Jewish Law (Halakhah) as the 'Word of God' - the question of
legal reasoning and the problem of knowing and remembering. - How
different are the epistemological concerns of religious-law in
comparison to other legal systems? - In what ways are
jurisprudential attitudes prescribed and dependent on theological
presumptions? - What specifies legal reasoning and legal knowledge
in a religious framework? The author outlines the rabbinic
jurisprudential thought rooted in Talmudic literature which
underwent systemization and enhancement by the Babylonian Geonim
and the Andalusian Rabbis up until the twelfth century. The book
develops a synoptic view on the growth of rabbinic legal thought
against the background of Christian theological motifs on the one
hand and Karaite and Islamic systemized jurisprudence on the other
hand. It advances a perspective of legal-theology that combines
analysis of jurisprudential reflections and theological views
within a broad historical and intellectual framework. The book
advocates two approaches to the study of the legal history of the
Halakhah: comparative jurisprudence and legal-theology, based on
the understanding that jurisprudence and theology are indispensable
and inseparable pillars of legal praxis.
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