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SALAMON FABER
Recent Works on Jewish Law
T
he
PAST DECADE
has witnessed an upsurge in publications on
themes o f Jewish law, in c lud in g essays in p e r iod ica ls ,
monographs, major historical and philosophical studies, and
responsa dealing with specific issues (She’elot u’Teshuvot) o f the
well known rabbinic-traditional format. The term “law” as used
in this article encompasses all types o f legal matter, be they pro
mulgated by human initiative or conceived as originating in a
revelatory experience. It should be noted that in the literature
under con s idera tion , the expressions “Jewish law” and
“Halakhah” are used interchangeably.
Two major reasons may be adduced for the heightened inter
est in distinctively Jewish “ju r id ica l 1. The demonstrated policy
o f the Israeli government to “Judaize” its legal codes and judici
ary administrative institutions. Essentially, these are vestiges o f
the time o f Ottoman rule and, since the early 1920’s, o f the Brit
ish Mandate over Palestine. Even before the emergence o f the
State o f Israel, many legal scholars, practicing jurists and histori
ans o f the Yishuv engaged in scholarly endeavor in order to make
known the rich resources on jurisprudence in the Jewish experi
ence for close to three milennia. These endeavors have been ex
panded in recent years, due to the efforts o f the new state’s Minis
try o f Justice to lend a distinctive Jewish character to the state’s
jurisdictional apparatus and its developing institutions. O f
course, research and publication o f appropriate materials are in
dispensable components o f the program. 2. Renewed interest in
Judaism, a phenomenon which is altering the image o f the Jew
acculturated to western civilization, is another factor stimulating
the output o f materials on Jewish law — Halakhah. All types o f
literary creativity are represented: historical studies, including
examinations o f the interaction between Judaism and surround
ing cultures; works on ethics; guides to conduct; and tracts on