TALMUDIC LEGAL TRADITION Page 1
Essay 1
Talmudic Legal Tradition
JURI 510 Introduction to Legal Systems and Research
Liberty University
TALMUDIC LEGAL TRADITION Page 2
Talmudic Law and Jewish Identity
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
1
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and Talmud
2
.
Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people throughout
the European continent led to burning and banning of the written Talmud as antiSemitic
thought grew in prominence especially after the advent of Christianity. The combination of anti-
Semitic thought and its consequent actions of expulsions and the like resulted in the formation
of compulsory communities; the paradox became that the attempt to destroy a critical element
of the Jewish identity became a strengthening force for the Jewish people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
3
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
1
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
2
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
3
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 3
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
4
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
5
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
4
Exodus 16 and 29
5
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 4
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
6
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
7
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
6
US Constitution
7
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 5
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
8
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
9
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
10
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
11
8
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
9
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
10
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
11
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 6
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
12
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
13
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
12
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
13
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 7
framework.
14
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
15
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
16
Miranda
14
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
15
Exodus 16 and 29
16
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 8
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
17
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
18
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
17
US Constitution
18
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 9
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
19
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
20
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
21
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
19
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
20
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
21
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 10
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
22
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
23
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
24
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
22
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
23
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
24
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 11
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
25
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
26
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
25
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
26
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 12
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
27
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
28
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
27
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
28
US Constitution
TALMUDIC LEGAL TRADITION Page 13
roles are divine within the eyes of G-d.
29
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
30
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
31
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
32
29
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
30
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
31
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
32
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 14
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
33
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
34
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
35
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
33
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
34
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
35
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 15
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
36
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
37
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
36
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
37
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 16
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
38
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
39
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
38
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
39
US Constitution
TALMUDIC LEGAL TRADITION Page 17
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
40
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
41
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
42
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
40
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
41
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
42
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 18
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
43
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
44
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
45
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
43
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
44
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
45
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 19
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
46
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
47
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
46
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
47
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 20
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
48
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
49
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
48
Exodus 16 and 29
49
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 21
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
50
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
51
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
52
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
50
US Constitution
51
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
52
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 22
Sanhedrin which were led by rabbis and others holding religious positions.
53
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
54
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
55
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
56
53
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
54
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
55
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
56
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 23
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
57
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
58
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
57
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
58
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 24
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
59
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
60
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
59
Exodus 16 and 29
60
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 25
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
61
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
62
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
63
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
61
US Constitution
62
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
63
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 26
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
64
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
65
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
66
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
64
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
65
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
66
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 27
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
67
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
68
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
69
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
67
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
68
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
69
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 28
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
70
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
71
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
70
Exodus 16 and 29
71
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 29
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
72
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
73
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
74
72
US Constitution
73
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
74
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 30
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
75
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
76
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
77
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
75
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
76
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
77
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 31
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
78
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
79
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
80
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
78
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
79
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
80
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 32
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
81
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
82
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
81
Exodus 16 and 29
82
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 33
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
83
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
84
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
83
US Constitution
84
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 34
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
85
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
86
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
87
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
88
85
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
86
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
87
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
88
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 35
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
89
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
90
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
89
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
90
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 36
framework.
91
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah, in
maintaining the Jewish people’s sense of identity. The orality and application of the interactivity
of both the Torah and the Talmud acted as bonding mechanisms within the Jewish community
to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
92
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
93
Miranda
91
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
92
Exodus 16 and 29
93
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 37
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
94
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
95
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
94
US Constitution
95
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 38
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
96
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
97
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
98
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
96
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
97
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
98
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 39
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
99
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
100
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
101
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
99
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
100
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
101
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 40
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
102
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
103
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
102
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
103
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 41
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
104
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
105
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
104
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
105
US Constitution
TALMUDIC LEGAL TRADITION Page 42
roles are divine within the eyes of G-d.
106
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
107
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
108
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
109
106
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
107
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
108
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
109
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 43
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
110
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
111
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
112
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
110
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
111
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
112
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 44
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
113
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
114
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
113
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
114
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 45
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
115
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
116
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
115
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
116
US Constitution
TALMUDIC LEGAL TRADITION Page 46
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
117
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
118
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
119
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
117
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
118
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
119
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 47
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
120
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
121
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
122
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
120
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
121
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
122
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 48
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
123
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
124
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
123
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
124
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 49
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
125
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
126
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
125
Exodus 16 and 29
126
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 50
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
127
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
128
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
129
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
127
US Constitution
128
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
129
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 51
Sanhedrin which were led by rabbis and others holding religious positions.
130
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
131
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
132
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
133
130
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
131
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
132
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
133
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 52
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
134
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
135
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
134
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
135
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 53
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
136
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
137
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
136
Exodus 16 and 29
137
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 54
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
138
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
139
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
140
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
138
US Constitution
139
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
140
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 55
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
141
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
142
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
143
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
141
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
142
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
143
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 56
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
144
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
145
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
146
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
144
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
145
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
146
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 57
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
147
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
148
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
147
Exodus 16 and 29
148
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 58
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
149
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
150
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
151
149
US Constitution
150
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
151
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 59
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
152
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
153
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
154
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
152
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
153
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
154
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 60
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
155
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
156
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
157
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
155
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
156
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
157
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 61
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
158
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
159
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
158
Exodus 16 and 29
159
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 62
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
160
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
161
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
160
US Constitution
161
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 63
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
162
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
163
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
164
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
165
162
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
163
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
164
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
165
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 64
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
166
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
167
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
166
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
167
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 65
framework.
168
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
169
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
170
Miranda
168
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
169
Exodus 16 and 29
170
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 66
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
171
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
172
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
171
US Constitution
172
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 67
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
173
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
174
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
175
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
173
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
174
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
175
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 68
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
176
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
177
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
178
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
176
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
177
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
178
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 69
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
179
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
180
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
179
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
180
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 70
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
181
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
182
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
181
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
182
US Constitution
TALMUDIC LEGAL TRADITION Page 71
roles are divine within the eyes of G-d.
183
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
184
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
185
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
186
183
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
184
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
185
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
186
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 72
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
187
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
188
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
189
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
187
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
188
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
189
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 73
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
190
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
191
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
190
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
191
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 74
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
192
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
193
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
192
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
193
US Constitution
TALMUDIC LEGAL TRADITION Page 75
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
194
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
195
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
196
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
194
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
195
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
196
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 76
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
197
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
198
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
199
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
197
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
198
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
199
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 77
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
200
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
201
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
200
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
201
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 78
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
202
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
203
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
202
Exodus 16 and 29
203
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 79
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
204
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
205
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
206
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
204
US Constitution
205
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
206
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 80
Sanhedrin which were led by rabbis and others holding religious positions.
207
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
208
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
209
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
210
207
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
208
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
209
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
210
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 81
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
211
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
212
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
211
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
212
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 82
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
213
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
214
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
213
Exodus 16 and 29
214
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 83
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
215
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
216
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
217
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
215
US Constitution
216
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
217
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 84
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
218
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
219
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
220
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
218
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
219
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
220
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 85
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
221
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
222
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
223
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
221
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
222
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
223
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 86
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
224
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
225
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
224
Exodus 16 and 29
225
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 87
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
226
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
227
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
228
226
US Constitution
227
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
228
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 88
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
229
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
230
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
231
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
229
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
230
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
231
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 89
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
232
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
233
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
234
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
232
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
233
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
234
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 90
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
235
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
236
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
235
Exodus 16 and 29
236
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 91
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
237
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
238
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
237
US Constitution
238
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 92
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
239
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
240
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
241
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
242
239
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
240
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
241
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
242
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 93
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
243
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
244
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
243
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
244
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 94
framework.
245
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
246
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
247
Miranda
245
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
246
Exodus 16 and 29
247
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 95
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
248
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
249
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
248
US Constitution
249
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 96
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
250
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
251
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
252
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
250
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
251
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
252
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 97
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
253
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
254
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
255
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
253
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
254
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
255
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 98
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
256
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
257
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
256
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
257
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 99
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
258
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
259
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
258
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
259
US Constitution
TALMUDIC LEGAL TRADITION Page 100
roles are divine within the eyes of G-d.
260
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
261
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
262
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
263
260
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
261
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
262
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
263
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 101
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
264
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
265
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
266
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
264
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
265
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
266
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 102
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
267
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
268
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
267
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
268
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 103
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
269
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
270
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
269
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
270
US Constitution
TALMUDIC LEGAL TRADITION Page 104
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
271
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
272
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
273
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
271
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
272
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
273
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 105
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
274
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
275
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
276
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
274
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
275
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
276
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 106
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
277
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
278
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
277
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
278
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 107
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
279
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
280
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
279
Exodus 16 and 29
280
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 108
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
281
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
282
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
283
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
281
US Constitution
282
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
283
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 109
Sanhedrin which were led by rabbis and others holding religious positions.
284
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
285
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
286
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
287
284
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
285
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
286
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
287
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 110
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
288
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
289
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
288
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
289
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 111
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
290
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
291
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
290
Exodus 16 and 29
291
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 112
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
292
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
293
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
294
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
292
US Constitution
293
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
294
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 113
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
295
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
296
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
297
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
295
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
296
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
297
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 114
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
298
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
299
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
300
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
298
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
299
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
300
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 115
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
301
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
302
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
301
Exodus 16 and 29
302
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 116
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
303
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
304
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
305
303
US Constitution
304
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
305
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 117
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
306
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
307
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
308
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
306
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
307
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
308
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 118
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
309
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
310
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
311
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
309
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
310
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
311
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 119
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
312
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
313
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
312
Exodus 16 and 29
313
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 120
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
314
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
315
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
314
US Constitution
315
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 121
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
316
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
317
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
318
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
319
316
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
317
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
318
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
319
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 122
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
320
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
321
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
320
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
321
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 123
framework.
322
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
323
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
324
Miranda
322
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
323
Exodus 16 and 29
324
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 124
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
325
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
326
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
325
US Constitution
326
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 125
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
327
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
328
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
329
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
327
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
328
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
329
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 126
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
330
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
331
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
332
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
330
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
331
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
332
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 127
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
333
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
334
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
333
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
334
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 128
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
335
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
336
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
335
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
336
US Constitution
TALMUDIC LEGAL TRADITION Page 129
roles are divine within the eyes of G-d.
337
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
338
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
339
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
340
337
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
338
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
339
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
340
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 130
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
341
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
342
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
343
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
341
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
342
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
343
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 131
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
344
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
345
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
344
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
345
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 132
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
346
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
347
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
346
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
347
US Constitution
TALMUDIC LEGAL TRADITION Page 133
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
348
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
349
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
350
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
348
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
349
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
350
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 134
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
351
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
352
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
353
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
351
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
352
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
353
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 135
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
354
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
355
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
354
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
355
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 136
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
356
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
357
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
356
Exodus 16 and 29
357
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 137
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
358
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
359
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
360
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
358
US Constitution
359
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
360
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 138
Sanhedrin which were led by rabbis and others holding religious positions.
361
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
362
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
363
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
364
361
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
362
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
363
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
364
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 139
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
365
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
366
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
365
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
366
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 140
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
367
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
368
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
367
Exodus 16 and 29
368
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 141
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
369
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
370
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
371
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
369
US Constitution
370
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
371
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 142
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
372
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
373
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
374
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
372
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
373
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
374
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 143
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
375
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
376
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
377
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
375
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
376
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
377
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 144
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
378
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
379
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
378
Exodus 16 and 29
379
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 145
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
380
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
381
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
382
380
US Constitution
381
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
382
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 146
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
383
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
384
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
385
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
383
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
384
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
385
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 147
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
386
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
387
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
388
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
386
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
387
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
388
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
TALMUDIC LEGAL TRADITION Page 148
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
389
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
390
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
389
Exodus 16 and 29
390
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 149
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
391
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
392
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
391
US Constitution
392
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 150
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
393
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
394
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
395
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
396
393
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
394
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
395
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
396
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
TALMUDIC LEGAL TRADITION Page 151
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
397
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
398
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
397
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
398
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 152
framework.
399
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
400
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
401
Miranda
399
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
400
Exodus 16 and 29
401
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
TALMUDIC LEGAL TRADITION Page 153
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
402
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
403
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
402
US Constitution
403
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 154
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
404
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
405
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
406
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
404
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
405
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
406
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 155
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
407
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
408
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
409
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
407
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
408
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
409
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 156
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
410
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
411
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
410
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
411
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 157
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
412
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
413
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
rights, the concepts of rights and equality are not directly established within the Talmud as all
412
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
413
US Constitution
TALMUDIC LEGAL TRADITION Page 158
roles are divine within the eyes of G-d.
414
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
415
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
416
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
417
414
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
415
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
416
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
417
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 159
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
418
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
Prior to the evolution of Talmudic law, the Jewish people functioned under a chthonic
legal system. The revelation of the word of G-d to Moses added to the Jewish people’s divine
law in the evolution of the Talmudic legal tradition. Aside from the chthonic legal tradition, the
Talmudic legal tradition is one of the oldest legal traditions in the world and its existence thus
gave the Jewish community a distinct accolade and became a defining element of the Jewish
identity. The Talmudic legal tradition and its subsequent application of G-d’s divine law allowed
the Jewish people to become more legally reliant.
419
Moreover, the Jewish diaspora and its ensuing absence of a Jewish homeland, until the
founding of the state of Israel in 1948, led for Talmudic law to fill in the void of the longing of a
physical territory to claim. Steinsaltz (1976) discusses the magnitude of the link between the
Talmud and the Jewish identity; according to Steinsaltz (essential talmud) , the survival of the
Jewish community is directly linked with G-d’s divine law as expressed in the Torah and
Talmud
420
. Relating to the Jewish diaspora, the extreme prejudice towards the Jewish people
throughout the European continent led to burning and banning of the written Talmud as
antiSemitic thought grew in prominence especially after the advent of Christianity. The
418
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
419
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
420
Adin Steinsaltz, The Essential Talmud. New York: Basic Books, Inc., 1976
TALMUDIC LEGAL TRADITION Page 160
combination of anti-Semitic thought and its consequent actions of expulsions and the like
resulted in the formation of compulsory communities; the paradox became that the attempt to
destroy a critical element of the Jewish identity became a strengthening force for the Jewish
people.
Strauss (1979) discusses the issue of ethnic survival regarding the Jewish community and
the relevance of the concepts of halakhah and aggadah within Judaic legal customs as the
Jewish people could and did practice self-government and functioned within a total institutional
framework.
421
Both Strauss and Glenn examine the significance of the Mishnah, the oral Torah,
in maintaining the Jewish people’s sense of identity. The orality and application of the
interactivity of both the Torah and the Talmud acted as bonding mechanisms within the Jewish
community to keep the tradition from immersing to obscurity.
In addition, the sole fact that the Talmudic legal tradition was supposedly the first
tradition to break away from the chthonic legal tradition plays a significant part in maintaining a
Jewish identity due to long existence regarding time. The Talmudic legal tradition allowed
passage for the Jewish people to be actively involved in the tradition as the tradition itself
encouraged interactivity.
The Talmud Legal Tradition in the US
The United States and its legal model were influenced to a large degree by Talmudic law
as it has a Judeo-Christian basis in most if not all of the United States’ founding documents. The
United States was founded on the concept of separation of church and state so that there could
be no direct power of abuse from either party to one another. The latter stems from Talmudic
thought pulled from the Old Testament in the difference of occupations and work of Moses and
Aaron: Aaron represented a specific system of religious worship while Moses represented civil
matters and leadership.
422
The distinction between cultic and civil matters also appears in the
Book of Ezra-Nehemiah; the book discusses the fall of Babylon and Ezra, a religious scribe, and
421
Alena Strauss, "Influences on Jewish Identity." Journal of Baltic Studies 10, no. 1 (1979): 51-59.
422
Exodus 16 and 29
TALMUDIC LEGAL TRADITION Page 161
Nehemiah, a governor in the civil sense who work in conjunction to purify the Jewish people.
Influences of Talmudic law within the United States’ legal system can also be found
within the judicial system specifically through Supreme Court rulings where Jewish law and
responsas on behalf of various Jewish sages most notably Maimonides are often cited.
423
Miranda
v. Arizona, 348 US 436, is one of the most known cases within the United States due to the case
resulted in the creation of the Miranda rights which are a set of rights read to criminal suspects
in custody stating that they have a right to remain silent and refuse questions. Justification in
the Miranda decision stemmed from the legal writings of Maimondes that discusses the
necessity of those accused of criminal activity to be aware of the rights available regarding self-
incrimination. In addition to references from the works of Maimondes, numerous cases within
the United States have cited verses from the Old Testament specifically from the Five Books of
Moses.
Aside from Judeo-Christian references in Supreme Court hearings and within the various
founding documents of the United States such as the Constitution, little else in the United States
and overall Western legal traditions is or has been affected by Talmudic law. While religion is
indeed directly intertwined in the Talmudic tradition as the Talmud, in both its forms, is the
basic book of law in the Jewish legal tradition, the United States in all its founding documents
guaranteed the secularity of the state per the First Amendment to the Constitution in that
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof”.
424
In addition to the difference between Talmudic and Western legality concerning religion,
the fundamental beliefs of both legal traditions differ. The concept on an individual’s rights is
held to such a degree in the United States that are endless documents stating one’s rights and
the protection of those rights. While Talmudic law does not necessarily deny an individual’s
423
Leon Roth, Is there a Jewish Philosophy? Rethinking Fundamentals. Liverpool University Press 1999.
424
US Constitution
TALMUDIC LEGAL TRADITION Page 162
rights, the concepts of rights and equality are not directly established within the Talmud as all
roles are divine within the eyes of G-d.
425
However, there are a number of Jewish sages such as
Maimondes who have written responsas of their own opinion of the Talmudic law in its
originality.
Therefore, morality and spirituality play major roles regarding the individual’s place within
society; in the Western mindset and therefore the American (referring to the United States)
mindset, the concepts found within religion and morality are not sufficient enough to guarantee
the protection of someone’s rights.
The manner in which written law is expressed also differs greatly. In the United States,
law is typically written in an exclusionary style as it prevents the option for internal attacks. The
Talmudic legal tradition does in fact the opposite of the latter. The Talmud was written in such a
way as to encourage debate and discussion.
426
Religion in the Talmudic Legal Tradition
The Talmudic legal tradition is religious as the entire tradition was created on the basis of
Jewish thought. While there is no exact date as to when the Talmudic legal tradition began, it is
evident that the tradition began to take root with the G-d’s revelation to Moses thus making
Talmudic law divine as it was rooted within the Pentateuch and the Talmud, both religious texts.
Application of the divine law was done so by a variety of high courts like the Small and Grand
Sanhedrin which were led by rabbis and others holding religious positions.
427
Moreover, Talmudic law due to its divinity covers all aspects of life as the law is
everywhere in the same manner G-d, the creator, is everywhere. Talmudic law takes the path
that the holy and divine are best conveyed in a legal manner thus combining the private and
public into one. Talmudic law while seen to be under constant never-ending waves of change
425
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
426
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
427
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
TALMUDIC LEGAL TRADITION Page 163
with the passing of time, it seen as to be flawless as it was written by the “perfect author”, G-
d.
428
Ben-Menachem (2008-2009) discusses the religiosity of the Talmudic legal traditions.
Within his analysis, Ben-Menachem states how all legal traditions have elements of religiosity in
different degrees even those traditions that appear to be secular. Regarding the Talmudic legal
tradition, elements of religiosity are more prevalent than in Western legal traditions due to the
fact that both the Torah and the Talmud are the leading books of guidance within Jewish law.
429
Without hesitation can it be stated that the Judaism in its entirety guides and molds the Talmudic
legal tradition.
428
H. Patrick Glenn. Legal Traditions of the World (5th ed. 2014)
429
Hanina Ben-Menahem, "Is Talmudic Law A Religious Legal System? A Provisional Analysis." Journal of Law and
Religion 24, no. 2 (2008): 379-401.
Powered by TCPDF (www.tcpdf.org)
