Can “Law” Be Private? The Mixed Message of Rabbinic Oral Law

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Departmental Papers (Religious Studies)
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Ancient Judaism
Ancient Christianity
Islam
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History of Religion
Islamic World and Near East History
Near Eastern Languages and Societies
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Religious Thought, Theology and Philosophy of Religion
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A great deal of ink has been spilled on the question of early rabbinic literary culture and the rabbinic dedication to the development of an explicitly oral legal tradition. In this essay I will argue that given that the manifest content of early rabbinic discourse is law, it is productive to look to the very public practices of communication inscribed, literally and figuratively, in the Roman legal culture of the east. Within this context, the rabbinic legal project makes sense as a form of provincial shadowing of a dominant Roman legal culture. This paper will explore the paradoxical rabbinic deployment of the most public of Roman genres, law, in a manner explicitly coded as private. How does one make sense of the public aspirations of rabbinic law with its choice to remain unwritten and therefore largely invisible in the imperial landscape of the rabbinic city?

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2015-01-01
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