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Index
Cover Page Title Page Copyright Page Dedication Page Contents Acknowledgments Abbreviations Introduction
What’s So Divine about Divine Law? Part I—Two Conceptions of Divine Law Parts II and III—Three Responses Part II—Mosaic Law in the Light of Greco-Roman Discourses of Law: Ancient Jewish Responses to the End of the First Century CE Part III—The Rabbinic Construction of Divine Law
Part I Biblical and Greco-Roman Discourses of Divine Law
Introduction 1 Biblical Discourses of Divine Law
Introduction Discourses of the Law Discourse 1: Divine Law as an Expression of Divine Will Discourse 2: Divine Law as an Expression of Divine Reason Discourse 3: Divine Law and Historical Narrative The Multidimensionality of Biblical Divine Law
2 Greco-Roman Discourses of Law
Discourses of Natural Law Discourse 1: Natural Law and Truth—Logos and Realism Discourse 2: Natural Law and Cosmopolitanism Discourses of Human Positive Law Discourse 3: Law and Virtue—the Inadequacy of Positive Law Discourse 4: The Flexible, Unwritten, “Living Law” vs. the Inflexible, Written, “Dead Letter” Discourse 5: The Opposition of Phusis and Nomos? Discourse 6: Positive Law in Need of a Savior Discourse 7: In Praise of Written Law—the Mark of the Free, Civilized Man Additional Literary and Legal Practices: The Juxtaposition of Divine and Human Law (8) Divine Law as a Standard for the Evaluation of Human Law (9) In the Trenches—Juristic Theory vs. Juristic Practice (10) Magistrates and the Equitable Adjustment of Roman Civil Law Conclusion
Part II Mosaic Law in the Light of Greco-Roman Discourses of Law to the End of the First Century CE
Introduction 3 Bridging the Gap: Divine Law in Hellenistic and Second Temple Jewish Sources
Bridging the Gap The Correlation of Torah and Wisdom and the Mutual Transfer of Properties: Sirach, 1 Enoch, and Qumran The Correlation of Torah and Reason and the Transfer of Properties: Aristeas, 4 Maccabees, and Philo Strategies for Negotiating Universalism and Particularism Esoteric vs. Exoteric Wisdom: Law’s Narrative in Sirach, 1 Enoch, Qumran, and Philo Conclusion
4 Minding the Gap: Paul
Paul and the Law Genealogical Definition of Jewish Identity: Circumcision and the Law Paul’s Discourse of Ambivalence regarding the Mosiac Law Conclusion
Part III The Rabbinic Construction of Divine Law
Introduction 5 The “Truth” about Torah
What Is Truth? Measures of Authenticity Measure 1: Formal Truth Measure 2: Judicial Truth—Human Compromise and Divine Judgment Measure 3: Ontological Truth—Realism vs. Nominalism The Gaze of the Other Rabbinic Self-Awareness: The Motif of Mockery Conclusion
6 The (Ir)rationality of Torah
Making the Case for the Law’s Irrationality Response 1: Conceding and Transvaluing the Premise Response 2: Disowning the Premise Response 3: Denying the Premise—Rationalist Apologetics Ta’amei ha-Mitzvot/Ta’amei Torah Response 4: Splitting the Difference—an Acute Sense of Audience Conclusion
7 The Flexibility of Torah
Legislative Mechanisms of Change—a Rhetoric of Disclosure? Uprooting Torah Law Uprooting Torah Law in Light of the Praetorian Edict Nonlegislative Mechanisms of Change—a Rhetoric of Concealment? Modification of the Law—Internal Values Modification of the Law—External Values Moral Critique and Phronesis Conclusion
8 Natural Law in Rabbinic Sources?
Normativity before the Law Law Precedes Sinai Sinaitic Law Begins at Sinai Accounting for Diverse Rabbinic Views on Pre-Sinai Normativity The Noahide Laws Are the Noahide Laws Invariable, Universal, Rational, and Embedded in Nature? Conclusion
Writing the Next Chapters Bibliography Index of Primary Sources General Index
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