Abstract

Scholars differ as to the degree to which Jewish law is formalistic. This chapter aims to make sense of the debate surrounding formalism in Jewish law by distinguishing between three types of legal formalism: classic formalism, modern formalism, and detail-following formalism. Viewed through the lens of modern formalism, Jewish law is likely less formalistic than commonly assumed as it is not primarily concerned with constraining decision makers. Nor is Jewish legal discourse typified by its unified conceptual schemas that proceed from abstract concepts to bottom-line decisions in the way that classical formalism proceeds. This chapter introduces an alternative framing termed “detail-following formalism,” which is typified by a religiosity that stresses strict adherence to the multiplicity of legal forms that constitute Jewish law. Detail-following formalism is backed by ritualistic, theological, and mystical concepts that are generally absent from modern law.

Isbn

9780197508305(print) 9780197508336 (online)

Publisher

Oxford University Press

DOI

https://doi.org/10.1093/oxfordhb/9780197508305.013.27

Additional Information

Chapter 15 of The Oxford Handbook of Jewish Law

Keywords

Jewish law, formalism, legal theory, law, ritual

Disciplines

Comparative and Foreign Law | Law | Religion Law

Book Editors

Zeve Eleff, Roberta Rosenthal Kwall, Chaim Saiman

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