Essay 1 JURI 510 - THE TALMUDIC LEGAL TRADITION 1 The Talmudic Legal Tradition Stev JURI 510 September 1 2019 Professor Sweazey THE TALMUDIC LEGAL

Essay 1 JURI 510 - THE TALMUDIC LEGAL TRADITION 1 The...

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THE TALMUDIC LEGAL TRADITION 1 The Talmudic Legal Tradition Stev JURI 510 September 1, 2019 Professor Sweazey
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THE TALMUDIC LEGAL TRADITION 2 After Chthonic Law, the Talmud is the oldest living legal tradition in the world. The Talmud separated itself from Chthonic Law earlier than any other legal tradition. This tradition has been developed and established with Divine Law. The Jewish people of the time used the Talmud to create Talmudic Law and in turn secure its Jewish Identity for generations. In short, the Talmud is a series of writings that covers the teachings of Jewish law and tradition. These writings trace back between the third and sixth centuries. Before Moses, Jewish people had Jewish law and worshipped the same god that Christians and Islamic peoples worship today. However, the revelation of God’s word to Moses did not completely change Jewish law. The revelation of God to Moses, however, did add to Jewish law and eventually constituted it as divine law. Talmudic law established the word of God to Moses which now can be found in the first five books of the Hebrew Bible (Genesis, Exodus, Leviticus, Number and Deuteronomy). These books constitute the Torah. The written Torah developed explanation and the tradition of Talmudic law became refined. The most well-known, and therefore greatest, period in Jewish history extended from Moses to David and Solomon and extended to the time of Babylonian rule. Through this time period, oral teachings and therefore oral traditions were developed. This oral teaching began with Moses who explained the written Torah. Oral tradition became as equally divine as the written tradition. The three aspects of the Torah, all-encompassing, written and oral, together represent divine will. Mishnah or oral Torah in tradition has been converted into written Torah. It has expanded the principles and the will of the Pentateuch. “The Talmud, in its two forms, is accordingly the basic book of the law of the Talmudic Jewish legal tradition, the supreme authority for Jewish law and though” H. Patrick Glenn, Legal Traditions of the World 102 (5 th ed. 2014). In many ways, the Talmudic tradition acknowledges the idea of the law of the land. The Talmudic
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THE TALMUDIC LEGAL TRADITION 3 tradition has been defined by divine and written law and has not been influenced by jurisprudence. The oral law of the Torah explains how the commandments are to be carried out. WIthout this oral tradition, many of the laws found within the Torah would be extremely difficult to understand. Oral law also clears up many of the Torah’s laws that would cause serious issues if followed. For example, “an eye for an eye” (Exodus 21:24). Written law of the Torah demands that the law be followed out as explicitly stated. However, Oral law explains that the law must be translated as establishing compensation for the worth of an eye.
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