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This book focused on texts and contexts is dedicated to a great contemporary Romanist, legal historian and comparative lawyer: Professor Watson.
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'.
The result for the history of Judaism of a documentary reading of the Rabbinic canonical sources illustrates the working of that hypothesis. It is the first major outcome of that hypothesis, but there are other implications, and a variety of new problems emerge from time to time as the work proceeds. In the recent past, Neusner has continued to explore special problems of the documentary hypothesis of the Rabbinic canon. At the same time, Neusner notes, others join in the discussion that have produced important and ambitious analyses of the thesis and its implications. Here, Neuser has collected some of the more ambitious ventures into the hypothesis and its current recapitulations. Neusner begins with the article written by Professor William Scott Green for the Encyclopaedia Judaica second edition, as Green places the documentary hypothesis into the context of Neusner's entire oeuvre. Neuser then reproduces what he regards as the single most successful venture of the documentary hypothesis, contrasting between the Mishnah's and the Talmuds' programs for the social order of Israel, the doctrines of economics, politics, and philosophy set forth in those documents, respectively. Then come the two foci of discourse: Halakhah or normative law and Aggadah or normative theology. Professors Bernard Jackson of the University of Manchester, England and Mayer Gruber of Ben Gurion University of the Negev treat the Halakhic program that Neusner has devised, and Kevin Edgecomb of the University of California, Berkeley, has produced a remarkable summary of the theological system Neusner discerns in the Aggadic documents. Neusner concludes with a review of a book by a critic of the documentary hypothesis.
Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, Islamic law, common law, Hindu law and Confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflict in character and compatible with new and inclusive forms of logic.
The Reader's Guide to Judaism is a survey of English-language translations of the most important primary texts in the Jewish tradition. The field is assessed in some 470 essays discussing individuals (Martin Buber, Gluckel of Hameln), literature (Genesis, Ladino Literature), thought and beliefs (Holiness, Bioethics), practice (Dietary Laws, Passover), history (Venice, Baghdadi Jews of India), and arts and material culture (Synagogue Architecture, Costume). The emphasis is on Judaism, rather than on Jewish studies more broadly.
Drawing from Michel Foucault's understanding of power, David A. Kaden explores how relations of power are instrumental in forming law as an object of discourse in the Gospel of Matthew and in the Letters of Paul. This is a comparative project in that the author examines the role that power relations play in generating discussions of law in the first century context, and in several ethnographies from the field of the anthropology of law from Indonesia, Mexico, the Philippines, and colonial-era Hawaii. Discussions of law proliferate in situations where the relations of power within social groups come into contact with social forces outside the group. David A. Kaden's interdisciplinary approach reframes how law is studied in Christian Origins scholarship, especially Pauline and Matthean scholarship, by focusing on what makes discourses on law possible. For this he relies heavily on cross-cultural, ethnographic materials from legal anthropology.
Reconstructs biblical law from a variety of texts, analysing legal cases from the Near East.
First published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.