For the Love of God and People

An intelligent, accessible look at the theory behind Jewish lawEvery generation of Jews in every denomination of Judaism finds itself facing complex legal questions. The status of same-sex unions and the plight of the agunah (a woman who cannot obtain a divorce), are just two of a myriad of thorny questions Jewish legal experts grapple with today. These are not esoteric problems but issues with a profound impact on the daily happiness of countless people.Acclaimed writer and legal expert Elliot Dorff addresses these and other questions in this intelligent, accessible guide to the philosophy behind Jewish law. In his view, Jewish law is an expression of the love we have for God and for our fellow human beings. This theme permeates his discussion of important aspects of the law. For example, what motivates modern Jews to follow Jewish law? How does Jewish law strike the balance between continuity and change? Dorff also offers a systematic comparison of Jewish law and U.S. law, based on his course on this subject at UCLA School of Law.

Elliot N. Dorff is Rector and Sol and Anne Dorff Distinguished Service Professor in Philosophy at the American Jewish University (formerly University of Judaism).

Preface	p. xiii
Acknowledgments	p. xix
Foundations
Bringing the Topic Down to Earth	p. 3
What Is a Philosophy-or a Theory-of Law?	p. 3
Comparing American and Jewish Legal Theories	p. 5
Why Care about Legal Theories?	p. 18
Models Used in Legal Theories	p. 22
Biblical Criticism and Revelation	p. 29
The Core Concepts of My Theory of Jewish Law
The Body of Jewish Law: How It Resembles Other Legal Systems	p. 45
A Statement of My Own Theory of Jewish Law	p. 45
Why I Am Not a Legal Positivist	p. 48
Jewish Law as a Living Organism	p. 60
The Covenantal Soul of Jewish Law: How Jewish Law Is Unique	p. 87
The Body and Soul of the Law	p. 87
The Meanings of "Covenant"	p. 89
Our Relationship with God: The Covenant Model	p. 96
The Problems with the Covenant Theory	p. 110
Comparing the Covenantal Model to Other Possible Ones	p. 117
Our Relationship to Other Human Beings: The Duties of Covenantal Love	p. 118
Implications of My Theory for Key Aspects of Jewish Law
Motivations to Live by Jewish Law	p. 131
Multiple Motives	p. 131
Motives Suggested by the Bible	p. 133
Additional Motives Described by the Rabbis	p. 173
The Implications of These Motives for Moderns	p. 181
Continuity and Change in Jewish Law	p. 189
The Roles of God and Human Beings in Interpreting and Applying Jewish Law	p. 190
The Need for Interpretation	p. 193
Retaining Coherence Despite Multiple Interpretations	p. 196
Making Decisions after the Demise of the Sanhedrin	p. 197
Retaining Authority Despite Multiple Opinions and Changes	p. 199
Taking Jewish Law Seriously as the Prerequisite for Change	p. 205
Continuity and Change in Our Time	p. 207
The Relationship of Jewish Law to Morality and Theology	p. 211
The Theoretical Basis of the Morality of Jewish Law	p. 211
The Practical Burdens and Benefits of Using Jewish Law for Moral Guidance	p. 212
Integrating Jewish Moral Norms and Theology into the Process of Making Jewish Legal Decisions	p. 222
Jewish Law and Custom	p. 245
The Character of Custom	p. 245
Two Types of Custom	p. 247
The Differences between Law and Custom	p. 248
The Interactions between Law and Custom	p. 250
Custom: The Example of Women's Roles in Jewish Life	p. 253
Explaining My Theory through Comparisons and Applications
Comparisons to the Right and the Left	p. 277
A Theory Slightly to My Right: David Hartman	p. 278
A Theory to My Left: Eugene Borowitz	p. 279
Applications of My Theory of Jewish Law to Specific Cases	p. 283
My Own Experience in Making Jewish Legal Decisions	p. 283
How My Theory Affected Some of My Legal Decisions	p. 285
Gaining Moral Guidance and Wisdom in Covenant with God 294
Bibliography of Modern Sources	p. 299
Index	p. 311
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For the Love of God and People

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