A system of law and justice is one of the foundations of civil society, and some of the oldest documents surviving from the ancient world describe codes of law. Such rules were institutionalized into a formal system of law to encourage certain outcomes, whether the dignity of the individual, peaceful interactions, or increased economic activity. As these formal systems have become more complex, law has become an increasingly specialized endeavor, the domain of trained specialists and professionals.
For most societies then, the endeavor of law involves somewhat of a paradox: while law is practical and pragmatic in its ends, concerned as it is with maintaining the smooth working of society, it is esoteric and involved in its means — an enterprise that is conducted by a small, specially trained minority for the benefit of all.
Yet law has filled a very different role among the Jewish people. It is far more than a matter of practical guidance regarding the rules that govern religious and societal life (although it is that as well). For the Jewish people, law is a holy enterprise; its study, a universal obligation; its mastery, an opportunity to engage with the imagination of G‑d. While law might deal with the worldly, its every nuance unlocks some higher order, some deeper vision for humanity.
Other peoples have told their story through music or building monuments. They have found expression in poetry and philosophy. But the Jews found their most meaningful expression of self in the discussion of the law, elevated to an art form. The love of law has been a life blood flowing through the veins of the populace, the pinnacle of their cultural achievements.
Totally portable, this has been a cultural treasure that could withstand persecution and exile. Timeless in its scope, the study of law has been enriched by encounters with new circumstances and new modes of thinking.
Many have written of the exhilaration of participating in the beit midrash, the Jewish house of study. Questioning, dialogue, argument, compromise, reasoning, analogy, analysis, problem solving, and intellectual integrity were all well-honed tools in the study of Jewish law. In the early mornings before the sun rose, and in the late evenings after a day of work, Jews would gather to grapple with the law. Artisans, shopkeepers, manual laborers, and school children met with and shared common ground with rabbis and scholars. Utterly democratic, all were free to add their voices to the discourse.
As we enter the age of the global economy and increasingly permeable borders, we will be challenged to move beyond our local interpretations of statutes and take a panoramic view of law. By stepping outside the legal system we are most accustomed to, we can appreciate diversity of thought, and place a mirror to our own unspoken assumptions. By learning the language of legal discourse, we gain new tools for the reshaping of our world.
You Be The Judge II — as part of our expanding initiative to bring Talmudic rationale to a broad, intellectual audience — will be of particular interest to lawyers, government workers, and others who are engaged in the enterprise of law. Yet this course will also captivate anyone seeking an intellectually stimulating introduction to the Talmud and traditional modes of Jewish reasoning.