Minggu, 02 Februari 2014

# Ebook Download Politics and the Limits of Law: Secularizing the Political in Medieval Jewish Thought, by Menachem Lorberbaum

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Politics and the Limits of Law: Secularizing the Political in Medieval Jewish Thought, by Menachem Lorberbaum



Politics and the Limits of Law: Secularizing the Political in Medieval Jewish Thought, by Menachem Lorberbaum

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Politics and the Limits of Law: Secularizing the Political in Medieval Jewish Thought, by Menachem Lorberbaum

This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society.

Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority.

Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal.

The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies.

  • Sales Rank: #4460876 in Books
  • Brand: Brand: Stanford University Press
  • Published on: 2002-11-01
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.00" h x .90" w x 6.00" l, .99 pounds
  • Binding: Hardcover
  • 232 pages
Features
  • Used Book in Good Condition

Review
"Lorberbaum's intellectual, erudite, and scholarly work is insightful, carefully thought out, substantial, well researched, and complex. . . . Lorberbaum makes a good contribution to the fields of medieval Jewish philosophy, political philosophy, and rabbinics."—Association of Jewish Libraries

" . . . Lorberbaum has provided an excellent study about timely issues in medieval Jewish thought."—Speculum

From the Inside Flap
This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society.
Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority.
Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal.
The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies.

From the Back Cover
“Lorberbaum’s intellectual, erudite, and scholarly work is insightful, carefully thought out, substantial, well researched, and complex. . . . Lorberbaum makes a good contribution to the fields of medieval Jewish philosophy, political philosophy, and rabbinics.”—Association of Jewish Libraries
“ . . . Lorberbaum has provided an excellent study about timely issues in medieval Jewish thought.”—Speculum

Most helpful customer reviews

0 of 0 people found the following review helpful.
interesting but could use a bit of editing
By Michael Lewyn
This book discusses the attitude of numerous medieval Jewish thinkers, especially Maimonides (1135-1204) and Ran (1310-76). towards the relationship between secular rulers and the Torah's civil and criminal rules.

The most interesting parts of the book focused on the areas of agreement among these thinkers: all agreed that the Torah's rules do not exclude secular rulers, even if those secular rulers ignore the Torah's legal protections. For example, the Torah requires witnesses for a defendant to be executed, but these thinkers held that secular kings are not bound by this requirement, based on the broader necessity of social order. Nor are the crimes listed in the Torah the only ones justifying execution: Maimoinides writes that if a king "is ordered by him to go to a certain place and he does not go . . . the king may, if he so decides, put him to death" (p. 51).

Maimonides asserts that a king's authority may be limited in some ways: for example, tax laws should be applicable to all, not "to one person alone" (p. 63). But Maimonides fails to suggest a remedy in case kings violate this principle.

Maimonides also asserts that a religious aristocracy should interpret Torah law, but fails to explain how conflicts between Torah law and secular law should be resolved.

Later thinkers such as Rashba focus on local government, emphasizing that local, self-governing Jewish communities, like kings, may do whatever the times dictate. Rashba also discusses national law, treating Torah law as an unmet ideal rather than as a separate legal system.

In other words, these medieval intellectuals favored a form of church/state separation- certainly not the modern view opposing religious coercion, but a more modest claim that Torah law is not always binding upon civil authorities.

The obvious implication of this view is that even according to Jewish scholars, the Torah's protections for criminal suspects are of limited relevance to the modern world.

The only thing I didn't like: the opening chapters seemed to be so abstract that they did not seem related to the rest of the book.

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