No. 4/10
Author: Adiel Schremer
Title: Toward Critical Halakhic Studies
Abstract: Current scholarly study of Jewish law concentrates either on a description and analysis of halakhic doctrines, or on the jurisprudential theories underlying the thought of halakhic thinkers. Questions such as: “how halakhic decisions are actually produced?”, and “what are the various constraints operating in halakhic decision-making?”, usually receive very limited attention in the study of Halakha. This paper calls for a shift of focus, from the “theoretical” (whether doctrinal or philosophical) to the “practical”, so that the halakhic process will occupy a central role in the study of Jewish law.
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