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7 - Law and Order: The Birth of a Nation and the Creation of the World

from Part II - Medieval

Published online by Cambridge University Press:  03 December 2020

Steven Kepnes
Affiliation:
Colgate University, New York
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Summary

Every judge who judges with complete fairness even for a single hour, the Writ gives him credit as though he had become a partner to the Holy One, blessed be He, in the creation.(BT Shabbat 10a)

In acting and judging with fairness—in applying the law in an impartial and equitable way—a judge models himself on divine creation. In this chapter, I interpret this rabbinic dictum along Maimonidean lines, drawing in part on some of Maimonides’ own views on creation and Mosaic prophecy. In the second part of the Guide Maimonides draws close connections between the two topics, and I help myself to that in presenting my own discussion of the aforementioned rabbinic dictum. The chapter proceeds in three sections, over the course of which I am concerned with teasing out the juridical analogy in a variety of ways: morphologically/structurally, psychologically, and finally teleologically.

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Publisher: Cambridge University Press
Print publication year: 2020

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References

Selected Further Reading

Berman, L. V.Maimonides, the Disciple of Alfarabi.Israel Oriental Studies 4 (1974): 154–78.Google Scholar
Bland, K. “Moses and the Law According to Maimonides.” In Mystics, Philosophers and Politicians: Essays in Jewish Intellectual History in Honor of Alexander Altmann, 4966. Edited by Reinharz, J., and Swetschinski, D.. Durham, NC: Duke University Press, 1982.Google Scholar
Davidson, H. “Maimonides’ Secret Position on Creation.” In Studies in Medieval Jewish History and Literature, 1640. Edited by Twersky, I.. Cambridge, MA: Harvard University Press, 1979.Google Scholar
Davidson, H. Maimonides the Rationalist. Oxford: Littman Library of Jewish Civilization, 2011.Google Scholar
Davidson, H. “Philosophy as a Religious Obligation.” In Religion in a Religious Age, 5368. Edited by Goitein, S. D.. Cambridge, MA: Association for Jewish Studies, 1974.Google Scholar
Fleischacker, S. “Making Sense of the Revelation at Sinai: Revisiting Maimonides’ Eighth Principle of Faith,” https://thetorah.com/making-sense-of-the-revelation-at-sinai/ (March 2014).Google Scholar
Frank, D. “Anger as a Vice: A Maimonidean Critique of Aristotle’s Ethics.History of Philosophy Quarterly 7 (1990): 269–81.Google Scholar
Frank, D. “The Duty to Philosophize: Socrates and Maimonides.Judaism 42.3 (1993): 289–97.Google Scholar
Ivry, A. Maimonides’ Guide of the Perplexed: A Philosophical Commentary. Chicago: University of Chicago Press, 2016.Google Scholar
Kaplan, L. “I Sleep but My Heart Waketh: Maimonides’ Conception of Human Perfection.” In The Thought of Moses Maimonides: Philosophical and Legal Studies, 130–66. Edited by Robinson, I., Kaplan, L., and Bauer, J.. Lewiston, NY: Edwin Mellen Press, 1990.Google Scholar
Kreisel, H. Maimonides’ Political Thought: Studies in Ethics, Law, and the Human Ideal. Albany: SUNY Press, 1999.Google Scholar
Kreisel, H. Prophecy: The History of an Idea in Medieval Jewish Philosophy. Dordrecht: Kluwer, 2001.Google Scholar
Manekin, C. “Maimonides on the Divine Authorship of the Law.” In Interpreting Maimonides, 133–52. Edited by C. Manekin and D. Davies. Cambridge: Cambridge University Press, 2019.Google Scholar
Reines, A. “Maimonides’ Concept of Mosaic Prophecy.Hebrew Union College Annual 40/41 (1969–70): 325–61.Google Scholar
Rudavsky, T. M. Maimonides. Malden, MA: Wiley-Blackwell, 2010.Google Scholar
Rynhold, D. Two Models of Jewish Philosophy: Justifying One’s Practices. Oxford: Oxford University Press, 2005.CrossRefGoogle Scholar
Samuelson, N. “Maimonides’ Doctrine of Creation.Harvard Theological Review 84.3 (1991): 249–71.Google Scholar
Stern, J. “The Idea of a Hoq in Maimonides’ Explanation of the Law.” In Maimonides and Philosophy, 92130. Edited by Pines, S. and Yovel, Y.. Dordrecht: Martinus Nijhoff, 1986.Google Scholar
Stern, J. The Matter and Form of Maimonides’ Guide. Cambridge, MA: Harvard University Press, 2013.Google Scholar
Stern, J. Problems and Parables of Law: Maimonides and Nahmanides on Reasons for the Commandments (Ta‘amei Ha-Mitzvot). Albany: SUNY Press, 1998.Google Scholar
Twersky, I. Introduction to the Code of Maimonides (Mishneh Torah). New Haven, CT: Yale University Press, 1980.Google Scholar

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