The Codification of Jewish Law on the Cusp of Modernity

Edward Fram examines Joseph Caro's Shulḥan `aruk, criticizing its methodological problems and presenting alternative methodologies. He compares Caro's work to that of Moses Isserles and Solomon Luria, explaining why Caro's work won the day despite its methodological issues.

Format: Hardback
Length: 325 pages
Publication date: 28 April 2022
Publisher: Cambridge University Press

For over four centuries, Jewish life has been guided by a code of law penned by Joseph Caro, known as the Shulḥan `aruk [set table]. The work achieved immediate popularity due to its clear and concise presentation of the law. However, Caro's work faced methodological challenges and received widespread criticism in the generations following its publication. In this comprehensive volume, Edward Fram delves into the methods employed by Caro, as well as those of his contemporaries Moses Isserles and Solomon Luria. He highlights critical assessments of Caro's legal philosophy and presents alternative methodologies. Fram also compares these three jurists, considering their approaches, cases, and historical, intellectual, and religious contexts. Ultimately, Fram's volume sheds light on why Caro's methodologically problematic work gained widespread acceptance, while more sophisticated approaches remained points of legal reference but failed to achieve the widespread acceptance their authors desired.

Introduction:
The study of legal thought has a rich history, with scholars and jurists throughout the ages exploring various methodologies and perspectives. Joseph Caro, a prominent figure in Jewish legal scholarship, is known for his influential work, the Shulḥan `aruk. This code of law has shaped Jewish life for centuries, presenting the law in a clear and concise format.

Caro's Work:
Caro's Shulḥan `aruk was an immediate best-seller, attracting widespread attention and praise for its clear and concise presentation of the law. The work was widely regarded as a valuable resource for Jewish scholars and laypeople alike. However, it is important to note that Caro's work faced methodological challenges and criticism from the outset.

Methodological Problems:
One of the primary criticisms of Caro's work was its methodologically problematic nature. While the Shulḥan `aruk was praised for its clarity and conciseness, it was criticized for lacking a robust theoretical framework or critical analysis. Critics argued that Caro's approach was too simplistic and lacked depth, failing to address complex legal issues and provide a comprehensive understanding of the law.

Contemporary Critics:
In addition to Caro's contemporaries, other jurists and scholars also critiqued his work. Moses Isserles, a prominent figure in Jewish legal scholarship, was particularly critical of Caro's methods. Isserles argued that Caro's approach was too mechanical and lacked the necessary flexibility to adapt to changing legal circumstances. He emphasized the importance of a more nuanced and analytical approach to legal reasoning.

Solomon Luria:
Solomon Luria, another influential jurist, also offered critiques of Caro's work. Luria criticized Caro's reliance on traditional legal sources and his failure to engage with contemporary legal developments. He argued that Caro's work was outdated and needed to be updated to reflect the changing legal landscape.

Edward Fram's Examination:
In this volume, Edward Fram examines the methods employed by Caro, as well as those of his contemporaries, Moses Isserles and Solomon Luria. He highlights criticisms of Caro's legal thought and presents alternative methodologies. Fram also compares these three jurists, considering their approaches, cases, and historical, intellectual, and religious contexts.

Conclusion:
Through his examination of Caro's methods and those of his contemporaries, Fram provides a comprehensive analysis of Jewish legal thought in the late 19th and early 20th centuries. He highlights the strengths and weaknesses of each jurist's approach and offers insights into the historical, intellectual, and religious contexts that shaped their legal reasoning.

Implications:
Fram's volume has significant implications for the study of legal thought and the history of Jewish law. It sheds light on the challenges faced by jurists in the late 19th and early 20th centuries and the methods they employed to address legal issues. It also highlights the importance of a critical and nuanced approach to legal reasoning, which can help to ensure that legal decisions are based on sound principles and are in line with the evolving legal landscape.

Weight: 644g
Dimension: 158 x 235 x 27 (mm)
ISBN-13: 9781316511572