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Jewish Law Annual Volume 20

Jewish Law Annual Volume 20

Paperback

Series: Jewish Law Annual, Book 20

JudaismGeneral LawInternational Relations

ISBN10: 0367601427
ISBN13: 9780367601423
Publisher: Routledge
Published: Jun 30 2020
Pages: 360
Weight: 0.85
Height: 0.60 Width: 6.10 Depth: 9.10
Language: English

Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three 'methodological' articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner's article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction.

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