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Narrating the Law

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In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in part...
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  • 01 March 2011
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In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular.

Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.

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Price: $69.95
Pages: 248
Publisher: University of Pennsylvania Press, Inc.
Imprint: University of Pennsylvania Press
Series: Divinations: Rereading Late Ancient Religion
Publication Date: 01 March 2011
Trim Size: 9.00 X 6.00 in
ISBN: 9780812242997
Format: Hardcover
BISACs: RELIGION / Judaism / Talmud, Social groups: religious groups and communities
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"Applying insights from literary criticism and sociology to the Talmud is no mean feat, but Wimpfheimer accomplishes this with elegance. . . . This is one of the most significant contributions to Talmudic scholarship in recent years, and it has great relevance for anyone interested in the application of contemporary critical theory to ancient texts."
Barry Scott Wimpfheimer teaches religion and law at Northwestern University.

Introduction
Chapter 1. Privileging Legal Narrative: Resisting Code as the Image of Jewish Law
Chapter 2. Deconstructing Halakhah and Aggadah
Chapter 3. A Touch of the Rabbinic Real: Rabbis and Outsiders
Chapter 4. Social Dynamics of Pedagogy: Rabbis and Students
Chapter 5. Torah as Cultural Capital: Rabbis and Rabbis
Chapter 6. Lengthy Bavli Narratives: A New Theory of Reading
Conclusion

Notes
Bibliography
Index
Acknowledgments