The Torah as an Enactivist Model: Legal thinking beyond natural law and positive law

Author:Asher J. Mattern
Position:Currently a senior research fellow at the Eberhard Karls University of Tuebingen
Pages:37-54
SUMMARY

The occidental reflexions on Law, classical as modern, is determined by the opposition between natural and positive law. The Jewish understanding of Law transcends this dichotomy by projecting a circular model: The divine Law is developped concretely in the discussion of rabbinical scholars and this discussion has itself, as Oral Law, the status of being god-given. The Torah as the basis of the... (see full summary)


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