“The Law of the State is the Law”:: The Nature of Law in Jewish Jurisprudence
This essay presents medieval Rabbinic attitudes concerning the nature of law as it is expressed in the dictum “dina demalkhuta dina”—the law of the state is regarded as the Jewish law. The essay confirms that Rabbinic attitudes concerning the nature of law are harmonious with diverse philosophical a...
| Published in: | The review of rabbinic Judaism |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2016
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| In: |
The review of rabbinic Judaism
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| Further subjects: | B
Dina demalkhuta dina
Jewish law
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| Online Access: |
Volltext (Verlag) |
| Summary: | This essay presents medieval Rabbinic attitudes concerning the nature of law as it is expressed in the dictum “dina demalkhuta dina”—the law of the state is regarded as the Jewish law. The essay confirms that Rabbinic attitudes concerning the nature of law are harmonious with diverse philosophical approaches in classical jurisprudence, reflected in both “natural” and “positive” law theory. Here we focus on the rational and legal justifications for accepting non-Jewish rule, asking why a religious law, claiming its origins to a divine mandate, would submit to a seemingly inferior, non-Jewish law. The answer to this question sheds light on the Rabbinic attitudes to the nature of law in general. |
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| ISSN: | 1570-0704 |
| Contains: | In: The review of rabbinic Judaism
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| Persistent identifiers: | DOI: 10.1163/15700704-12341308 |