Critique of Halakhic reason : divine commandments and social normativity / Yonatan Y. Brafman.

Format:

Book

Author/Creator:

Brafman, Yonatan Y., author.

Series:

Reflection and theory in the study of religion.

Oxford scholarship online.

Reflection and theory in the study of religion

Oxford scholarship online

Language:

English

Subjects (All):

Soloveitchik, Joseph Dov, 1903-1993--Philosophy.

Soloveitchik, Joseph Dov.

Jewish law--Philosophy.

Jewish law.

Physical Description:

1 online resource (377 pages).

Place of Publication:

New York, NY : Oxford University Press, [2024]

Summary:

Norms & obligations are central components of many religious traditions. Yet they have often been neglected as objects of reflection in the study of religion relative to belief, experience, & even the related category of ritual. More surprisingly, despite the centrality of mitzvah in Judaism, halakhah has only recently become a central topic in modern Jewish thought. This book rectifies these deficiencies while forging new connections between reflection on religion & modern Jewish thought by offering what it calls a critique of halakhic reason. Such a critique delineates the rational constraints on the justification of the commandments & the practical consequences for their jurisprudence. It also asks whether uniquely "religious reasons" even exist & draws conclusions for several areas of study.

Contents:

Introduction

I.1. Metzitzah be-​Peh: Normativity, Deliberation, Reason

I.2. A Critique of Halakhic Reason

I.3. Parting of Ways: Philosophy and Law

I.4. Looking Ahead

PART I. Philosophy of Halakhah and the Dialectic of Normativity

1. Normative World: Joseph Soloveitchik's Axiological Realism

1.1. Axiological Realism and the Justification of the Commandments

1.1.1. Epistemology, Ontology, and Methodology

1.1.2. Rejection of Practical Reason

1.1.3. Halakhic Practice as a Virtue Ethics

1.2. From Virtue Ethics to Virtue Jurisprudence

1.2.1. Emotions and Values in Ruling

1.2.2. The Cultivation of a Decisor

1.3. Halakhic Domination and Weird Values

2. Normative Self: Yeshayahu Leibowitz's Axiological Voluntarism

2.1. Axiological Voluntarism and the Justification of the Commandments

2.1.1. Interpretation and Objectivity

2.1.2. Axiology: Facts versus Values

2.1.3. Theology: Worship of God as the Religious Value

2.1.4. Two Types of Autonomous Theocentrism

2.2. Worship of God as the Principle of Jurisprudence

2.2.1. Pure Theory of Halakhah

2.2.2. Principles of Change: Halakhah and Zionism

2.2.3. Worship of God as the Criterion of Validity of Halakhah

2.2.4. Worship of God as the Basic Norm of Halakhah

2.3. Empty Jurisprudence, Justification, and Self

3. Normative God: Eliezer Berkovits's Divine Command Theory

3.1. Divine Command and the Justification of the Commandments

3.1.1. Questions of the Commandments and Problems of Moral Philosophy

3.1.2. Philosophical Assumptions: Morality and Reason

3.1.3. Revelation and Moral Obligation

3.1.4. Ritual Commandments and Moral Motivation

3.1.5. Righteousness: Highest Value and Commanded Obligation.

3.1.6. A Jewish Modified Divine Command Theory

3.2. Teleological Jurisprudence

3.2.1. The Authentic Nature and Function of Halakhah

3.2.2. The Priority of the Ethical

3.2.3. The Wisdom of the Feasible

3.2.4. Legal Rules and Moral Principles

3.3. Limited Autonomy, Superfluous Commandments, and Constricted Reason

PART II. Normativity and the Analytic of the Commandments

4. Reasons Rehabilitated: A Constructivist Theory

4.1. Critique of Commands and Values

4.2. Rejection of the Desire-​Based Reasons Thesis

4.3. Reasons Centralism

4.4. Constructivism about Practical Reason

4.4.1. Preliminary Distinctions

4.4.2. Rationality, Autonomy, and Morality

4.4.3. The Second-​Person Standpoint

4.4.4. Constructivism: Interim Summary and Implications

4.5. Theological Excursus 1: Constructivism and Theism

5. Two Conceptions of Authority: Instrumental and Relational

5.1. Differentiating Reasons, Norms, and Obligations

5.2. Two Conceptions of Authority and their Directives

5.2.1. Instrumental Authority and Norms

5.2.2. Relational Authority and Obligation

5.3. Constraints on Norms and Obligations

5.4. Theological Excursus 2: Divine Authority

5.4.1. On the Very Question of Divine Authority

5.4.2. An Instrumental Model of Divine Authority

5.4.3. A Relational Model of Divine Authority

6. Analytic of the Commandments: A Mediated Relation between Justification and Jurisprudence

6.1. Reasons of the Commandments and Reasons for the Commandments

6.2. Commandments as Norms or as Obligations

6.2.1. Commandments as Obligations

6.2.2. Commandments as Norms

6.2.3. Analytic of the Commandments and Constructivism about Reasons

6.3. Justification and Jurisprudence

6.3.1. Reasons, Intentions, and Implementation

6.3.2. Noahide Commandment: Eating a Limb from a Living Animal.

6.3.3. Israelite Commandment: Circumcision

Conclusion

C.1. Law and Philosophy in Judaism

C.2. Theology

C.3. Study and Philosophy of Religion

C.4. Legal and Political Philosophy

C.5. Moral Philosophy.

Notes:

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on March 27, 2024).

ISBN:

0197767966

019776794X

9780197767955

9780197767962

0197767931

OCLC:

1428041190