SCIALOM (Rémy) – ANTHOLOGY OF HEBREW LAW, vol. III – “The law is not in heaven” – On the transcendence of law, its rationalization, and the limits of reason. Preface by Professor Antoine LECA. Afterword by Professor Paul AMSELEK.
SCIALOM (Rémy) – ANTHOLOGY OF HEBREW LAW, vol. III – “The law is not in heaven” – On the transcendence of law, its rationalization, and the limits of reason. Preface by Professor Antoine LECA. Afterword by Professor Paul AMSELEK.
SCIALOM (Rémy) – ANTHOLOGY OF HEBREW LAW, vol. III – “The law is not in heaven” – On the transcendence of law, its rationalization, and the limits of reason. Preface by Professor Antoine LECA. Afterword by Professor Paul AMSELEK.
SCIALOM (Rémy) – ANTHOLOGY OF HEBREW LAW, vol. III – “The law is not in heaven” – On the transcendence of law, its rationalization, and the limits of reason. Preface by Professor Antoine LECA. Afterword by Professor Paul AMSELEK.
SCIALOM (Rémy) – ANTHOLOGY OF HEBREW LAW, vol. III – “The law is not in heaven” – On the transcendence of law, its rationalization, and the limits of reason. Preface by Professor Antoine LECA. Afterword by Professor Paul AMSELEK.
SCIALOM (Rémy) – ANTHOLOGY OF HEBREW LAW, vol. III – “The law is not in heaven” – On the transcendence of law, its rationalization, and the limits of reason. Preface by Professor Antoine LECA. Afterword by Professor Paul AMSELEK.
SCIALOM (Rémy) – ANTHOLOGY OF HEBREW LAW, vol. III – “The law is not in heaven” – On the transcendence of law, its rationalization, and the limits of reason. Preface by Professor Antoine LECA. Afterword by Professor Paul AMSELEK.
    SCIALOM (Rémy)
    ANTHOLOGY OF HEBREW LAW, Vol. III – “The Law Is Not in Heaven” – On the Transcendence of Law, Its Rationalization, and the Limits of Reason. Preface by Professor Antoine Leca. Afterword by Professor Paul Amselek.
Édition :
    Paris
Date :
    2024
    16 x 24 cm., paperback, "Imprim'vert®" label, printed in France, 218 p.
    Since the Torah was given at Sinai, “the law is no longer in Heaven,” the Bible teaches. Therefore, the conception of Judaism as founded on an unchanging divine Law and, originally, on a theocratic regime devoid of any preeminence of law is erroneous; for its legal system, Hebrew law, is irreducible to the Sinaitic Law alone, which presupposes and requires interpretation through hermeneutical rules consubstantial with Revelation. To this end, the Bible invests judges with the legitimate authority to create and pronounce the law. By anthropologizing the revealed Law, they thus ensure the transition from Law to legal principle. A vibrant source of renewal and a proliferation of meaning, the exegetical and jurisprudential work of the Sages establishes Hebrew law in accordance with the rules of human understanding and confers upon it a legal character that fits perfectly within the definition given by a positivist such as Hart. A law synonymous with the concrete and binding order of life, and not merely with pure morality, as in Christianity and natural law. Consequently, the latter could not flourish within the framework of Jewish law, despite the efforts of the Sages to reconcile faith and reason, religion and philosophy, Jewish law and natural law, with compatibility and complementarity with natural law. Establishing the superiority of Jewish law over natural law, their conclusion stands as the culmination of an undeniably rational approach, categorically rejecting any claim that insists on locating law in Heaven. Thus, they are able to establish the conditions for a viable political project through the unity of law and social peace: majority rule articulated with minority opinion, flexible separation of powers, the justiciability of leaders, and the containment of any theocratic drift are some of its manifestations, ensuring an effective translation, not of the absoluteness of law, but of its indispensable preeminence. The rational legal operation (the anthropologization of Divine Law) from which it results is, however, affected by external limitations (those of reason itself) and internal limitations (those stemming from Hebrew interpretative methodology), but these in no way obscure the fundamental issue pursued, entirely oriented towards humankind and concerned with its condition, thus demonstrating that Hebrew law is fundamentally earthly and human and that "the law is not in Heaven."

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Mots-clés : Edition - Outside the collection, History of Ideas, Religion

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