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Bibil Identifier bibil:246811
Publication Type Journal article
Title (English, Long) Rabbinic Law between Biblical Logic and Biblical Text: The Pitfalls of Exodus 21:33–34
Author Schwartz, Daniel R.
Journal Harvard Theological Review (Volume: 107, Issue: 3)
Year (Publication) 2014
Year (Original (1st Edition)) 2014
Year (Copyright) 2014
Year (Reference) 2014
Language English
Pages 314-339 Pages
Genre Original
Abstract When the justices of the U.S. Supreme Court conclude that some law, or some decision of a lower court, violates the U.S. Constitution, no great difficulties of principle or sentiment need accompany their decision to abrogate the opinions of the earlier legislators or judges. The justices, and others, are expected to understand their decision either as correcting a mistake that had been introduced by fallible people who, with intentions good or bad, or unintentionally, had violated the system's basic rulebook, or as reflecting the fact that since the time those legislators or judges made their decisions something relevant (such as notions of “cruel and unusual punishment” or of what affects interstate commerce) had changed, so what was once constitutionally acceptable no longer is. Thus, however upsetting the substance of the justices’ decision may be, it need not imply a condemnation of their predecessors nor entail a disruption of the system's authority structures—as is seen in the fact that the justices, and American citizens, readily use such explicit verbs as “reverse,” “strike down,” or “overturned” for what the justices do.
DOI 10.1017/S0017816014000303
Keywords Thesaurus BiBIL : Milieu : Ancient Judaism : Literature : Mishna
Pericopes Exodus 21,33-21,34
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Last modification 2017-11-01