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A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. A cultural analysis paradigm provides a useful way of understanding the Jewish tradition as the product of both legal precepts and cultural elements. This paradigm sees law and culture as inextricably intertwined and historically specific. This perspective also emphasizes the human element of law's composition and the role of existing power dynamics in shaping Jewish law.
In light of this inevitable intersection between culture and law, The Myth of the Cultural Jew: Culture and Law in Jewish Tradition argues that Jewish culture is shallow unless it is grounded in Jewish law. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law solely as the embodiment of Divine command. Her paradigm explains why both law and culture must matter to those interested in forging meaningful Jewish identity and transmitting the tradition.
- Sales Rank: #646185 in eBooks
- Published on: 2015-01-22
- Released on: 2015-01-22
- Format: Kindle eBook
Review
"A brilliant exploration of the relationship between law and culture in the context of Judaism. Kwall offers a provocative thesis and impressively analyzes a myriad of contemporary topics. This book is a 'must read' not only for all interested in Judaism, but for all who are studying the relationship between law and culture." -Erwin Chemerinsky, Dean and Distinguished Professor of Law, Raymond Pryke Professor of First Amendment Law, University of California, Irvine, School of Law
"The Myth of the Cultural Jew will change the way in which lay people, academics, and Jewish clergy and professionals think about the development of Jewish law. It is the first book to apply to Jewish law the method of cultural analysis used in secular legal studies. This book also has broader implications, for Kwall uses this method to address the critical question for Judaism today -- What kind of Jewish religion and identity will be viable for the future? It is a 'must read' for anyone interested in Judaism or Jewish law." -Rabbi Elliot Dorff, Rector and Distinguished Professor of Philosophy, American Jewish University
"The Myth of the Cultural Jew is a fascinating book. It is both scholarly and practical, grappling with the challenges that face all of us in the contemporary world. Roberta Rosenthal Kwall writes a powerful and relevant message for the religious and non-religious alike. This book will lead you to a deeper understanding of who you are as a Jew in the 21st century." -Rabbi Asher Lopatin, President, Yeshivat Chovevei Torah Rabbinical School
"Kwall presents a drastic shift in the way we discuss Jewish continuity, calling her new paradigm 'cultural analysis,' a methodology which views law and culture as mutually influential and historically inseparable. Through this analytical lens, Kwall brings a fresh perspective to the questions that for generations have plagued those committed to Jewish survival." -Avidan Halivni, New Voices
"It's a remarkable book, a tour de force all the more remarkable because its author is not a rabbi, not a Judaic scholar in the traditional sense, not a Talmudist at all. She is, however, very insightful, very bright, and full of the wisdom she brings from her own field of scholarly expertise to the domain of Jewish studies. I recommend her book to you all!" -Martin S. Cohen, The Ruminative Rabbi
"The Legal Theory Bookworm recommends The Myth of the Cultural Jew: Culture and Law in Jewish Tradition by Roberta Rosenthal Kwall" -Professor Lawrence Solum, Legal Theory Bookworm, Legal Theory Blog
"Kwall does an excellent job analyzing that history and writing about the way law and tradition play out in today's world. This books starts an interesting and much needed discussion, one that will stimulate readers regardless of whether or not they agree with her." -Rabbi Rachel Esserman, The Reporter Group
"The notion that culture and history can influence changes in halacha is a very slippery and threatening slope. Still, Kwall marshals a great deal of evidence to support her first argument [that Jewish culture produces Jewish law]." -Jay P. Lefkowitz, Commentary Magazine
"Roberta Rosenthal Kwall not only provides a unique framework for gaining a deeper understanding of [the issue of Jewish continuity] ... but also for gaining a deeper understanding of the evolution of halacha (Jewish law). Indeed, Kwall makes a major methodological contribution to the academic study of Jewish law and tradition. [Her] book deserves careful attention as we seek to transmit the beauty and richness of Jewish tradition to the next generation, and to enhance the quality of American Jewish life." -Richard D. Zelin, Jewish News Service
"This informative book ...is a meticulously researched study of how halakhah (Jewish law) and culture are interactional forces both shaping each other. Kwall deftly demonstrates how the use of cultural analysis can shed light on many important Jewish issues, including halakhah and ritual practice. The Myth of the Cultural Jew is a beautifully written book that will interest all readers who want to better understand Jewish religious and cultural practices." -Carol Poll, Jewish Book Council
"The sheer breadth and depth of Jewish law and culture that Kwall comfortably explores as she supports her points are reason enough to read this book. The respect with which Kwall treats each group within Judaism is another hallmark of this book. Indeed in the end, it is that very process of Kwall's analysis that is the tour de force here." -Susan P. Liemer, NoFo: An Interdisciplinary Journal of Law & Justice
"The Myth of the Cultural Jew explores the creative tension of modern Jews with understanding, yet keeps a cool eye on real-world dynamics. Well-written and compelling, the book should be required reading at universities and centers of Jewish learning. It's an invaluable guide to how various forces shape the Jewish psyche." -Fern Siegel, The Huffington Post
"What a fascinating book it is! Guiding us through centuries of Jewish legal development, she shows how generation after generation of Jewish sages, scholars, and commentators have been affected by the cultures in which they lived, incorporating ideas and values from non-Jewish cultures. Turning to modern times, she shows how debates over homosexuality, the role of women, and Sabbath observance have been influenced by modern cultural values." -Jack Balkin, Yale Law School, Balkinization
"There is so much brilliance in this book, which takes on, among other complex areas, the various denominations of Judaism in the Diaspora, the role of Israel in Jewish identity, the religiosity (or secularism) of Israeli Jews, the place of feminism in Orthodox practice, and the challenges posed by same-sex relationships." -Sherry Colb, Cornell Law School, Dorf on Law and Balkinization
"This fascinating book offers, among other things, detailed documentation of the extent to which conceptions of Jewish law and tradition have always been influenced by the broader cultures in which Jews have lived-not just in the modern Reform and Conservative movements, but also in traditionalist and Orthodox communities." - Neil Siegel, Balkinization
"For those wishing to understand the dynamics of change (or lack thereof) within Jewish law, Kwall's analysis is an excellent resource." -Howard Freedman, JWeekly
"Kwall succeeds in writing an accessible while complex book that establishes her thesis through numerous historical examples from the fluid interplay of Jewish culture, the non-Jewish environments in which it was forged, and Jewish law and legal tradition. After providing a brief introduction to the themes that dominate the cultural analysis approach ...Kwall delves into these themes through a fascinating series of critical historical episodes in the continuing debate over Jewish law and tradition." -Marie Failinger, Journal of Law and Religion
"The Myth of the Cultural Jew is an elegant and well-researched book that will be fascinating to Jews and non-Jews alike. First and foremost, Professor Kwall's work adds richness to the reader's knowledge and understanding of Judaism and Jewish law(halakhah), even to those readers who are Jewish." -Leah Grinvald, DePaul Law Review
Kwall "brings together her twin passions of legal theory and Judaism. Would that more intelligent, scholarly Jews like Prof. Kwall apply their gifts to thinking seriously about the meaning and the future of Judaism!" Laurence Edwards, CCAR Journal, The Reform Jewish Quarterly (Winter 2016).
About the Author
Roberta Rosenthal Kwall is the Raymond P. Niro Professor of Law at DePaul University College of Law. Prior to teaching at DePaul, she practiced law at Sidley & Austin in Chicago and served as a judicial clerk for Judge Leonard I. Garth, U.S. Court of Appeals for the 3rd Circuit. Kwall earned her law degree from the University of Pennsylvania and received her undergraduate degree from Brown University. Currently she is completing a Master's Degree in Jewish Studies.
Kwall is an internationally renowned scholar and lecturer and has published articles on a wide variety of topics including Jewish law and culture, intellectual property, and property law. Her book, The Soul of Creativity: Forging a Moral Rights Law for the United States, is the seminal work in this area. She has received numerous awards for teaching and scholarship and in 2006, was designated as one of the 10 Best Law Professors in Illinois by Chicago Lawyer magazine.
Most helpful customer reviews
1 of 1 people found the following review helpful.
If You'll Read One Book on Judaism this Season, This Should be It!
By Roland Nikles
In a world where most Jews are secular, where do we look for meaning in Judaism, and what is the meaning that will get passed on to future generations? This forms the central question in Roberta Kwall’s rich and rewarding new book “The Myth of the Cultural Jew.”
Jewish meaning comes from Jewish law (halakhah), argues Kwall. Jewish culture is suffused with halakhah—always has and always will be—it is where even cultural Jews must look for meaning in Judaism. Halakhah is where Jewish meaning comes from, how Jewish meaning evolves, and how Jewish meaning is transmitted.
Kwall explains the processes by which halakhah is kept relevant and fresh in light of changing cultural values over the centuries. She explains how culture and law interact in any legal system, and how Jewish law, even in an orthodox world, is no exception. Along the way, she delves into questions like who is a Jew, what is a Jew, what is the meaning and role of Israel for Judaism.
When we think about our American constitutional order we ask questions like: “Does one ask what the Framers said in 1789, or what they would have said 200 years later, or something in-between, such as what is the current meaning of what they said then?” If this question resonates with you, buy this book—it will repay you with many insights.
If you have an interest in the large questions in Judaism today, buy this book. You’ll find a clear and succinct history of the main movements that have shaped Judaism since the Enlightenment (e.g. Reform, Conservative, Orthodox, Modern Orthodox, Open Orthodox, Reconstructionist, Social orthodoxy, etc.) free of jargon, and with extraordinary focus and clarity. Along the way you will learn about Bar Mitzvah’s, wedding ceremonies, death rituals, dietary laws, defining who is a Jew, Sabbath laws, how the different movements have treated the issue of homosexuality, same sex marriage, and women reading from the Torah. Kwall surveys the state of Judaism in America and Israel and what they mean to each other. ,
In short, Hannukkah is coming; spin that dreidel, buy this book: you’ll find it comes up gimel.
1 of 1 people found the following review helpful.
Fascinating and Compelling
By Bruce A Malter
Brilliant and beautifully written, this book answers important questions that arise over and over again. Thank you, Robert Rosenthal Kwall, for writing it! It is different from what I imagined it would be. I find it fascinating and compelling.
0 of 0 people found the following review helpful.
An Enlightening Exploration of the Interconnection Between Law and Culture
By Arielle Levitan
I really enjoyed this book. Kwall tackles a look at the interconnection between Jewish Law and culture and explores in depth how the two have fed off of each other to create the Judaism we all strive to preserve. I learned a great deal about the evolution to our current customs and practices in addition to the history of the different denominations within the Jewish faith. The book is packed full of information and is not a quick read, but if you take the time to digest its content it is a very enlightening perspective on how the living and breathing entity we call Judaism has evolved. The Myth of the Cultural Jew also suggests ways that we can continue, as a people, to adapt to current times while continuing to honor the rich traditions and laws that have preceded us. She highlights how Judaism, at its core, incorporates an understanding of its intricate laws and history while striving to carry forward in an ever changing world. I hope current generations take her wisdom to heart and look to our rich tradition to enrich their own lives and communities!
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