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The Halakhic Process: A Systemic Analysis
preview of book The Halakhic Process: A Systemic Analysis
text of book The Halakhic Process: A Systemic Analysis

The Halakhic Process: A Systemic Analysis

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Publisher: JTSA PRESS
Publication Date: 2011
Original Publication Date: 1986
Subject: Jewish Law
Category: Halakhah / Law
Number of Pages: 409

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About this title
In his enlightening discussion of one of the most important topics in Jewish thought today, Prof. Roth presents and analyzes the primary Talmudic and rabbinic sources relating to the legal and extralegal factors that go into the process of halakhic decision-making. He leads the reader through the entire process, step by step. The concepts of Biblical versus rabinnic legislation, the role of precedent and custom, extra legal factors (science, technology, medicine, sociology, economics, ethics and psychology) the scope of rabbinic authority, the qualifications for halakhic decision-making authority-all these are taken up and placed in context of the question of legitimacy and illegitimacy, authenticity and in authenticity. All the pressing and controversial questions of our time-women's rights and obligations: the ordination of women, their inclusion into a minyan, prenuptial agreements regarding divorce, the abolition of the second day of the festivals-are bound up with the issues discussed in this book. Anyone concerned with these and similar matters will gain a far broader and deeper appreciation for the real issues involved.
About author
Joel Roth
Joel Roth is Louis Finkelstein Professor of Talmud and Jewish Law at The Jewish Theological Seminary. Rabbi Roth also serves as Rosh Yeshiva of the Conservative Yeshiva in Jerusalem. The yeshiva, founded and maintained by United Synagogue for Conservative Judaism, is under the academic auspices of JTS.

In addition to his teaching post, Rabbi Roth has held four key administrative positions at JTS, serving as dean of students of the Albert A. List College of Jewish Studies (then called Seminary College), director of the Melton Research Center for Jewish Education, and associate dean and dean of The Rabbinical School.

An expert in halakhah, Dr. Roth was appointed to the Rabbinical Assembly's Committee on Jewish Law and Standards in 1978 and served on it until December 2006, including a period of eight years as chairman. In addition to articles and responsa for the committee, Rabbi Roth has written The Halakhic Process: A Systemic Analysis and Sefer ha-Mordecai: Tractate Kiddushin.



Excerpt
The norms of all legal systems derive from two kinds of sources: historical and legal. Comprehending the difference between them is crucial to understanding the legal process qua process.
 
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