2,547 research outputs found

    Judaic Logic: A Formal Analysis of Biblical, Talmudic and Rabbinic Logic

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    Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the Bible, and analyzing the methodology of the Talmud and other Rabbinic literature by means of formal tools which make possible its objective evaluation with reference to scientific logic. The result is a highly innovative work – incisive and open, free of clichĂ©s or manipulation. Judaic Logic succeeds in translating vague and confusing interpretative principles and examples into formulas with the clarity and precision of Aristotelean syllogism. Among the positive outcomes, for logic in general, are a thorough listing, analysis and validation of the various forms of a-fortiori argument, as well as a clarification of dialectic logic. However, on the negative side, this demystification of Talmudic/Rabbinic modes of thought (hermeneutic and heuristic) reveals most of them to be, contrary to the boasts of orthodox commentators, far from deductive and certain. They are often, legitimately enough, inductive. But they are also often unnatural and arbitrary constructs, supported by unverifiable claims and fallacious techniques. Many other thought-processes, used but not noticed or discussed by the Rabbis, are identified in this treatise, and subjected to logical review. Various more or less explicit Rabbinic doctrines, which have logical significance, are also examined in it. In particular, this work includes a formal study of the ethical logic (deontology) found in Jewish law, to elicit both its universal aspects and its peculiarities. With regard to Biblical studies, one notable finding is an explicit formulation (which, however, the Rabbis failed to take note of and stress) of the principles of adduction in the Torah, written long before the acknowledgement of these principles in Western philosophy and their assimilation in a developed theory of knowledge. Another surprise is that, in contrast to Midrashic claims, the Tanakh (Jewish Bible) contains a lot more than ten instances of qal vachomer (a-fortiori) reasoning. In sum, Judaic Logic elucidates and evaluates the epistemological assumptions which have generated the Halakhah (Jewish religious jurisprudence) and allied doctrines. Traditional justifications, or rationalizations, concerning Judaic law and belief, are carefully dissected and weighed at the level of logical process and structure, without concern for content. This foundational approach, devoid of any critical or supportive bias, clears the way for a timely reassessment of orthodox Judaism (and incidentally, other religious systems, by means of analogies or contrasts). Judaic Logic ought, therefore, to be read by all Halakhists, as well as Bible and Talmud scholars and students; and also by everyone interested in the theory, practise and history of logic

    Logic in the Talmud

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    Logic in the Talmud is a ‘thematic compilation’ by Avi Sion. It collects in one volume essays that he has written on this subject in Judaic Logic (1995) and A Fortiori Logic (2013), in which traces of logic in the Talmud (the Mishna and Gemara) are identified and analyzed. While this book does not constitute an exhaustive study of logic in the Talmud, it is a ground-breaking and extensive study

    The Coiled Serpent of Argument: Reason, Authority, and Law in a Talmudic Tale

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    One of the most celebrated Talmudic parables begins with a remarkably dry legal issue debated among a group of rabbis. A modern reader should think of the rabbis as a collegial court, very much like a secular appellate court, because the purpose of their debate is to generate edicts that will bind the community. The issue under debate concerns the ritual cleanliness of a baked earthenware stove, sliced horizontally into rings and cemented back together with unbaked mortar. Do the laws of purity that apply to uncut stoves apply to this one as well? This stove is the so-called oven of Akhnai (oven of serpents). Presumably, its horizontal bands separated by mortar made it look like a coiled serpent; but according to the Talmud, it is the oven of Akhnai because the legal debate coiled the rabbis in serpentine arguments. Therein lies a remarkable tale

    The Transitioning of Jewish Biomedical Law: Rhetorical and Practical Shifts in Halakhic Discourse on Sex-Change Surgery

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    This article examines discourse dynamics in Jewish law on sex-change surgery (SCS) and, in general, transitioning between genders. Orthodox medical ethics has moved beyond the abstract condemnation of SCS to the design of practical rules for transsexuals living in observant communities. The reasoning against SCS has also shifted, both in complexity and with implicit ties to Christian and secular tropes. By medicalizing or, conversely, spiritualizing the experiences of transgendered persons, a few Orthodox authors are opening up interpretive space for sympathetic responses to SCS. Such transitions reach their most elaborate expression in Israeli Orthodox rabbi Edan ben Ephraim’s 2004 monograph, Generation of Perversions, which has taken center stage in Orthodox deliberations on transsexuality. Overall, halakhic discourse seems to be moving in innovative, unavoidably interdiscursive directions

    Jesus’ Legal Theory—A Rabbinic Interpretation

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    This article locates the ancient debates between Jesus and the Talmudic rabbis within the discourse of contemporary legal theory. By engaging in a comparative reading of both Gospel and rabbinic texts, I show how Jesus and his rabbinic interlocutors sparred over questions we now conceptualize as the central concerns of jurisprudence. Whereas the rabbis approach theological, ethical and moral issues through an analytical, lawyerly interpretation of a dense network of legal rules, Jesus openly questions whether law is the appropriate medium to structure social relationships and resolve interpersonal conflicts. Through an examination of Talmudic sources, this paper argues the controversies between early Christianity and the nascent rabbinic Judaism (summarized by Paul in terms of Letter vs. Spirit) have the same argumentative architecture as the ongoing debates over law vs. equity, procedural vs. substantive justice, rules vs. standards, formalism vs. instrumentalism, and textualsim vs. contextualism. Moreover, the contrast between the Gospels and the emerging rabbinic discourse brings Jesus’ bold claims about the role, rule and domain of the law to the fore. Thus while the mainstream representation of Christian legal theory tends towards rules, procedural justice, formalism and textualism, this analysis of primary sources shows that Jesus argued for exactly the opposite

    Analysis and Synthesis in Halakhic Meta-Ethics

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    How Roe got ancient religious prohibitions on abortion wrong

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    Economic utopia of the Torah. Economic concepts of the Hebrew Bible interpreted according to the Rabbinical Literature

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    Hebrew Bible offers alternative Economic utopia for building Theocratic society. In this paper, various economic concepts and themes are presented, as found in the Hebrew Bible. These economic concepts include taxation, property rights, labor market, social policy, banking, years of Sabbath and Jubilee, and business cycles. Most economic issues of the Bible are found in the texts of Torah, also known as five Books of Moses. These texts are analyzed by using classical Rabbinical commentaries for better insight. Contrary to the modern Economic theory which is based on the assumptions of scarcity of resources and unlimited needs of consumers, Economics of the Torah is based on God’s resources which are enough for all true needs of His people.Hebrew Bible, History of Economics, History of Economic Thought, Ancient Israel, Judaism

    Rational Rabbis: Its Project and Argument

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    Exposing Fake Logic

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    Exposing Fake Logic by Avi Sion is a collection of essays written after publication of his book A Fortiori Logic, in which he critically responds to derivative work by other authors who claim to know better. This is more than just polemics; but allows further clarifications of a fortiori logic and of general logic. This collection includes essays on: a fortiori argument (in general and in Judaism); Luis Duarte D’Almeida; Mahmoud Zeraatpishe; Michael Avraham (et al.); an anonymous reviewer of BDD (a Bar Ilan University journal); and self-publishing
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