Circumventing the Law: Rabbinic Perspectives on Loopholes and Legal Integrity (Jewish Culture and Contexts)
$59.95
Description
Book Synopsis: Circumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha'aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead.
Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question.
Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy.
Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.
Details
Discover the fascinating world of legal loopholes and their intricate connection to Jewish culture with the groundbreaking book, "Circumventing the Law: Rabbinic Perspectives on Loopholes and Legal Integrity"! This thought-provoking read delves into the rabbinic logic behind the use of loopholes, exploring the phenomenon of finding and utilizing gaps within the law to achieve otherwise illegal outcomes. Uncover the secrets of ha'aramah, a subset of rabbinic legal circumventions, and its impact on private life. Gain insight into well-known circumventions, such as selling leaven before Passover, as well as lesser-known mechanisms like designating a "blemished" animal for sacrifice.
Step into the dynamic world of rabbinic literature as Elana Stein Hain traces the evolution of these intriguing loopholes over time. Delve into the realm of evasion, avoidance, and avoision, as loopholes are categorized based on the intended outcome and the legal integrity of the circumventive process. Witness the transformation of rabbinic attitudes towards loopholing, from an objective, performative understanding of the self to a more subjective and intimate perspective of intention.
Travel through millennia, from the Second Temple period to the modern era, as "Circumventing the Law" sheds light on the ever-changing nature of loopholing. Dive into tannaitic literature, the Palestinian Talmud, and explore contemporaneous Greco-Roman and Persian thought. Watch as Jewish rhetoric and philosophy intertwine with evolving understandings of integrity, creating a unique phenomenon that captivates scholars of Jewish Studies, religious law, and secular law alike.
Don't miss out on this captivating journey into the world of loopholes and legal integrity. Expand your knowledge and challenge your perspectives with "Circumventing the Law: Rabbinic Perspectives on Loopholes and Legal Integrity." Order your copy today and embark on an enlightening exploration of the intricate relationship between Jewish culture, legal reasoning, and the ever-evolving concept of integrity.
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