The Description of Formative Judaism: The Social Perspective of the Mishnah's System of Civil Law and Government

AJS Review ◽  
1980 ◽  
Vol 5 ◽  
pp. 63-79
Author(s):  
Jacob Neusner

Mishnah's division of Damages presents a complete and systematic account of a theory of Israelite civil law and government. While drawing on diverse materials of earlier ages, beginning, of course, with the diverse Mosaic codes themselves, Mishnah's system came to closure after the Bar Kokhba War. Like its account of the Temple and its cult, Mishnah here speaks of nonexistent institutions and prohibited activities. There being no Israelite government, Mishnah's legislation for a high priest and Temple, a king and an army, speaks of a world which may have been in times past (this is dubious) but did not exist at the time of the Mishnaic discourse on the subject. The division of damages is composed of two subsystems which fit together logically, one on the conduct of civil society—commerce, trade, real estate, the other on the institutions of civil society—courts, administration. The main point of the former subsystem is that the task of society is to maintain perfect stasis, to preserve the status quo, and to secure the stability of all transactions. In the interchange of buying and selling, giving and taking, torts and damages, there must be an essential equality of exchange. No one should come out with more than he had at the outset. There should be no sizable shift in fortune or circumstance. The stable and unchanging economy of society must be preserved. The aim of the law is to restore the antecedent status of a person who has been injured. When we ask whose perspective is represented in a system of such a character and such emphases, we turn to examine the recurrent subject-matter of the division's cases. The subject of all predicates, in fact, is the householder, the small landholder. The definition of the problems for Mishnah's attention accords with the matters of concrete concern to the proprietary class: responsible, undercapitalized, overextended, committed to a barter economy (in a world of specie and currency), above all, aching for a stable and reliable world in which to do its work.

AJS Review ◽  
1980 ◽  
Vol 5 ◽  
pp. 63-79
Author(s):  
Jacob Neusner

Mishnah's division of Damages presents a complete and systematic account of a theory of Israelite civil law and government. While drawing on diverse materials of earlier ages, beginning, of course, with the diverse Mosaic codes themselves, Mishnah's system came to closure after the Bar Kokhba War. Like its account of the Temple and its cult, Mishnah here speaks of nonexistent institutions and prohibited activities. There being no Israelite government, Mishnah's legislation for a high priest and Temple, a king and an army, speaks of a world which may have been in times past (this is dubious) but did not exist at the time of the Mishnaic discourse on the subject. The division of damages is composed of two subsystems which fit together logically, one on the conduct of civil society—commerce, trade, real estate, the other on the institutions of civil society—courts, administration. The main point of the former subsystem is that the task of society is to maintain perfect stasis, to preserve the status quo, and to secure the stability of all transactions. In the interchange of buying and selling, giving and taking, torts and damages, there must be an essential equality of exchange. No one should come out with more than he had at the outset. There should be no sizable shift in fortune or circumstance. The stable and unchanging economy of society must be preserved. The aim of the law is to restore the antecedent status of a person who has been injured. When we ask whose perspective is represented in a system of such a character and such emphases, we turn to examine the recurrent subject-matter of the division's cases. The subject of all predicates, in fact, is the householder, the small landholder. The definition of the problems for Mishnah's attention accords with the matters of concrete concern to the proprietary class: responsible, undercapitalized, overextended, committed to a barter economy (in a world of specie and currency), above all, aching for a stable and reliable world in which to do its work.


Numen ◽  
2013 ◽  
Vol 60 (5-6) ◽  
pp. 616-648 ◽  
Author(s):  
Jens-André P. Herbener

AbstractThe category of monotheism is not only central to the study of religion, it is also well known outside of academia. Yet there is no real consensus as to its content. Considering existing literature on the subject, one will observe that the term monotheism is defined in a diversity of ways and may be applied to a variety of religions as well as to a variety of different elements in religion.This is problematic for several reasons: for one thing, this ambiguity means that it is not necessarily very informative to categorize a given phenomenon as monotheistic. For another, in several cases the use of the term corresponds rather poorly with the meaning that can be inferred from the etymological root of the word. Furthermore, it is often used where it would be more accurate to use other categories.The present article intends to break away from the loose application of the category of monotheism often found in the literature. First, it will examine, discuss, and criticize four significant examples of the status quo. Secondly, drawing inspiration from the recent debate on monotheism, it will advocate a “restricted” definition of monotheism and thus a reduced application of the term, as well as an extended use of categories such as henotheism, summodeism, and monolatry.


2018 ◽  
Vol Épistémologies du pluriel (Articles) ◽  
Author(s):  
Mélanie Grué

International audience This article associates discourses on the subject, the sociology of photography and Nan Goldin’s work, and argues that the photographer questions gender paradigms leading to the definition of « abject » identities. As she reinvests the snapshot aesthetic and family photography, Goldin reveals the plurality of gender identities. Her photography documents the dismantling of the heterosexual couple and claims the social viability of homosexuals, transgender people and drag queens, thus rising to the status of subaltern knowledge and counter-discourse on humanity. Cet article croise les discours sur le sujet, la sociologie de la photographie et l’oeuvre de Nan Goldin, et soutient que la photographe interrogeles paradigmes de genre menant à la définition d’identités « abjectes ». En réinvestissant l’esthétique de l’instantané et de la photographie de famille, Goldin rend compte de la pluralité des identités de genre. Sa photographie documente le délitement du couple hétérosexuel et revendique la viabilité des identités homosexuelles, des transgenres et des drag queens, s’érigeant en savoir minoritaire et en contre discours sur l’humain. Questo articolo incrocio i discorsi sul soggetto, la sociologia della fotografia e sostiene che la fotografia da Nan Goldin interroga i paradigmi di genere che conduce alla definizione da identità “abiette”. Reinvestendo l’estetica dell’istantanea e della fotografia di famiglia, Goldin rende conto della pluralità delle identità di genere. La sua fotografia documenta lo smontagio della coppia eterosessuale e rivendichi la viabilità delle identità omosessuali, dei transgenres e dei drag queens, che si erigono scibile minoritario ed in contro discorso sull’umano


Author(s):  
Mary Benedicta Maier

Beauty’s relation to art work is a contentious problem for the philosophy of art. The problem is not new to the history of philosophy. Hume and Kant attempted to tackle the question in the modern era. Contemporary philosophers have broadened the definition of art to include works that stretch modern philosophers’ conceptions. With philosophers shifting their definition from the object to the subject, they have effectively marginalized beauty in place of another good or valued concept. Considering the status quo, this paper argues that beauty is a necessary condition for art work. It argues that philosophers have a problem when their broad definition of art disregards the beautiful to incorporate art work that is intentionally ugly or is only considered art work because of its being on display. Comparing the focus of other philosophical disciplines with philosophy of art’s focus on beauty, it argues that philosophy of art blurs its vision when it directs its gaze to that other than to its proper transcendental. Examining the intelligent and elevating characteristics of the art form of sculpture, the paper compares two famous works: Michelangelo’s Pietà and Warhol’s Brillo Boxes. Because the sculptor is able to communicate the beauty of creation through his art work, a philosophy of art that changes its questions to incorporate existing objects that are deemed “art” has not fully addressed the problem of beauty’s place in art work.


2020 ◽  
pp. 036319902096739
Author(s):  
Josep Lluís Mateo Dieste

In the Arab world, the recognized children of elite men and slave women could adopt the status of their father, ignoring the slave origin of the mother, owing to a system of patrilineal transmission. This regime co-existed with negative stereotypes toward slaves and blackness, despite the very fact that—as this study of notable families in Tetouan between 1859 and 1956 demonstrates—skin color was not the determinant factor to form part of this group. Rather, it was based on the social definition of filiation, leading to legal disputes between family members to delineate the boundaries of kinship.


2021 ◽  
Vol 5 (2) ◽  
pp. 33-46
Author(s):  
Antonio C. Cuyler

This article represents a snapshot and analysis of U. S. service arts organizations’ DEI statements and activities in 2018. At that time, many primarily White-serving U. S. cultural organizations responded defensively to accusations of elitism and a harmful rigged funding system that maintained the status quo by awarding most cultural funding to these organizations while undermining the health and vitality of cultural organizations by and for historically oppressed communities (Sidford, 2011). Furthermore, Helicon Collaborative (2017) found that even with a host of cultural equity, “diversity” projects (Tseng 2016), and public-facing DEI statements, little had changed within six years. Therefore, this study uses directed and summative content analysis to investigate the research question “what do cultural equity and diversity statements communicate about cultural organizations’ positions on DEI?” This study also uses Frankfurt’s (2005) essay On Bullshit and Laing’s (2016) two-prong definition of accountability as a theoretical framework to examine if and how cultural organizations hold themselves accountable for achieving DEI in the creative sector. Lastly, readers should keep in mind that the public murder of Geor-ge Floyd in 2020 has hastened all of the service arts organizations’ access, diversity, equity, and inclusion (ADEI) work examined in this study.


Author(s):  
Ondrej Marchevsky ◽  

The paper can be seen as a response to the 1994 challenge formulated by A.I. Abramov in his work Kant in Russian Spiritual-Academic Philosophy, where he emphasizes the need to examine reflections on Immanuel Kant’s legacy in var­ious Russian academic and intellectual environments. This study thus joins the existing ones that have covered the dominant tendencies of Russian Kantian studies in such important environments as, for example, academies or journals as Kant Studien, Problems of Philosophy and Psychology and their editorial boards. The paper focuses on one of the journal environments – Problems of Phi­losophy – and it responds to the status quo, i.e., to the fact that this important and still living creative environment has not been the subject of a systematic review in the context of the study of Kant’s creative legacy. The paper is not an overview or chronological summary of works but it uses the approach of subject-thematic analysis to reveal the main pillars of the interest in Kant. The author identifies thematic units, areas, and contexts that become the subject matter of critical and creative interest of the authors in this philosophical journal and within them he tries to bring a closer look at particular works that deserve further evaluation.


Author(s):  
Tahir Abbas

This article situates the debate on the United Kingdom’s Prevent policy in the broader framework of the global paradigm for countering violent extremism (CVE), which appeared at the end of 2015. It argues that omission of a nuanced focus on the social, cultural, economic, and political characteristics of radicalised people has led to a tendency to introduce blanket measures which, inadvertently and indirectly, have had harmful results. Moreover, although Prevent has been the fundamental element of the British government’s counterterrorist strategy since 2006, it confuses legitimate political resistance of young British Muslims with signs of violent extremism, thus giving credence to the argument that Prevent is a form of social engineering which, in the last instance, pacifies resistance by reaffirming the status quo in the country’s domestic and foreign policy.


2007 ◽  
Vol 52 (174-175) ◽  
pp. 152-167
Author(s):  
Natasa Golubovic ◽  
Srdjan Golubovic

Despite the great interest for the concept and a considerable number of papers that deal with the subject of social capital, yet there is no unique and consistent definition of social capital. Forming a consistent theory of social capital is hindered by the presence of several different approaches in the analysis of this phenomenon. Depending on the author?s theoretical position in the definition of social capital or the analysis of its sources, components and outcomes, the emphasis rests on different social processes and relationships. The aim of this paper is to analyze alternative approaches in the conceptualization of social capital, their advantages and shortfalls, and their implications for the development of the social capital theory.


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