In the thousand years before the rise of Islam, two radically diverse conceptions of what it means to say that a law is divine confronted one another with a force that reverberates to the present. What's Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition -- Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis -- struggled to make sense of this conflicting legacy. Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West. A stunning achievement in intellectual history, What's Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture

In the thousand years before the rise of Islam, two radically diverse conceptions of what it means to say that a law is divine confronted one another with a force that reverberates to the present. What's Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition -- Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis -- struggled to make sense of this conflicting legacy. Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West. A stunning achievement in intellectual history, What's Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture

What is meant by attributing texts to Moses in Hebrew Bible and Second Temple Judaism? The answer depends not only on the history of texts but also on the history of concepts of textuality. This book criticizes the terms "Pseudepigraphy" and "Rewritten Bible", which presuppose conceptions of authentic attribution and textual fidelity foreign to ancient Judaism. Instead, this book develops the concept of a discourse whose creativity and authority depend on repeated returns to the exemplary figure and experience of a founder. Attribution to Moses is a central example, whose function is to re-present the experience of revelation at Sinai. Distinctive features of Mosaic discourse are studied in Deuteronomy, Jubilees, the Temple Scroll, and the works of Philo of Alexandria.

Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality? Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies―strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference. Minow is passionately interested in the people―"different" people―whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims―these are among the concrete problems she discusses from a fresh angle of vision. Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine―a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different. Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students―every one of us―can make all the difference,

'In Becoming the People of the Talmud,' Talya Fishman examines ways in which circumstances of transmission have shaped the cultural meaning of Jewish traditions. Although the Talmud's preeminence in Jewish study and its determining role in Jewish practice are generally taken for granted, Fishman contends that these roles were not solidified until the late eleventh and early twelfth centuries. The inscription of Talmud—which Sefardi Jews understand to have occurred quite early, and Ashkenazi Jews only later—precipitated these developments. The encounter with Oral Torah as a written corpus was transformative for both subcultures, and it shaped the roles that Talmud came to play in Jewish life.What were the historical circumstances that led to the inscription of Oral Torah in medieval Europe? How did this body of ancient rabbinic traditions, replete with legal controversies and nonlegal material, come to be construed as a reference work and prescriptive guide to Jewish life? Connecting insights from geonica, medieval Jewish and Christian history, and orality-textuality studies, 'Becoming the People of the Talmud' reconstructs the process of cultural transformation that occurred once medieval Jews encountered the Babylonian Talmud as a written text. According to Fishman, the ascription of greater authority to written text was accompanied by changes in reading habits, compositional predilections, classroom practices, approaches to adjudication, assessments of the past, and social hierarchies. She contends that certain medieval Jews were aware of these changes: some noted that books had replaced teachers; others protested the elevation of Talmud-centered erudition and casuistic virtuosity into standards of religious excellence, at the expense of spiritual refinement. The book concludes with a consideration of Rhineland Pietism's emergence in this context and suggests that two contemporaneous phenomena—the prominence of custom in medieval Ashkenazi culture and the novel Christian attack on Talmud—were indirectly linked to the new eminence of this written text in Jewish life.

During the formative age of Judaism, the first seven centuries CE, the great rabbis thought deeply about beginnings in light of endings. They imposed upon their sequential reading of each passage the accumulated results of their reflection about all passages. Thus, they encompassed Scripture, so as to describe the world as God had intended it to be.This act of intellect resulted in two distinct, ahistorical media of thought and expression, the Halakhah, law, and Aggadah, lore. The author provides three systematic accounts of the Halakhic reading, and two Aggadic accounts. The Halakhic accounts cover [1] Work and Rest, [2] Ownership and Possession, Eden and the Land, and [3] Ownership and Possession in the Household. The Aggadic accounts pertain to [1] the Six Days of Creation, and [2] Adam and Eve.

The Talmud - the Mishnah, a philosophical law code, and the Gemara, a dialectical commentary upon the Mishnah - works by translating principal modes of Western philosophy and science into the analysis of the rules of rationality governing the rules of humble, everyday reality. Science, in particular the method of hierarchical classification characteristic of natural history, supplies the method of making connections and drawing conclusions to the Mishnah, the law-code that forms the foundation-document of the Talmud, as Neusner demonstrated in his "Judaism as Philosophy. The Method and Message of the Mishnah," Here he proceeds to show how philosophy, specifically dialectical analysis, defines the logic of the Gemara and guides the writers of the Gemara's compositions and the compilers of its composites in their analysis and amplification of some of the topical presentations, or tractates, of the Mishnah.

Laws, or Halakhah, and narratives, or Aggadah, comprise the Torah. Halakhah, normative law, makes the same statement in terms of behavior that Aggadah, in its systematic and abstract mode, makes in terms of beliefs. The Halakhic theology focuses on the interior existence of Israelite. In this sourcebook, author Jacob Neusner derives from details of legal expositions some of the Halakhah's theological propositions, in order to show how normative laws of conduct express the narrative monotheism of the Torah. An introductory overview of the Halakhic theological program, seen through topical expositions of law, briefly compares Halakhic texts with Aggadic theological programs.

Viewed as ideal types, the Halakhah defines the norm, setting forth what is obligatory, the Aggadah, specifies what exceeds the norm and goes beyond the measure of the law. The striking differences of style and substance that differentiate the two categories of discourse present the question of how they intersect in a single coherent statement, a system that holds together its two distinct media of thought and expression. When we have in hand systematic data on how Aggadah contributes to the Halakhah, and where Halakhah serves the purposes of the Aggadah, we find possible the logical next step: where do the two intersect, and at what points do the respective complexes of category-formations stand autonomous of one another, and that leads to the question: how do Aggadah and Halakhah constitute a coherent religious structure and make in common a single systemic statement? Where, within the formative literature of Normative Judaism, they join together, what affect the one exercises upon the other, and how the whole - Rabbinic Judaism - exceeds and transcends the sum of the parts - the Halakhah, the Aggadah - is spelled out.

How does the inner logic of the Aggadah, its narrative and theology (whether systematic or merely episodic) match the deepest rationality of the Halakhah, its norms and foci and points of tension and remission of tension? The answer emerges from the comparison and contrast of the large, organizing aggregates of the Halakhah and of the Aggadah. The Halakhic and the Aggadic category formations are explained fully. In the Mishnah-Tosefta-Yerushalmi-Bavli we have the best of all possible Halakhic category-formations for the purpose of defining the structure of Israel's inner life, the social order of the kingdom of priests and the holy people that God had in mind in bringing Israel into being. In the Rabbah-midrash compilations and their companions, we have the best of all possible Aggadic category formations for the purpose of narrating the working of the system of Israel's public life, the story of that kingdom of priests and holy people in history. These are presented in two distinct exercises, deductive and inductive. The dual discourse tells a continuous story.