Religion and State: Models of Separation From Within Jewish Law

Publication Date

7-2008

Journal

International Journal of Constitutional Law

Abstract

The article challenges the conventional view that Jewish law (halakha) is comprehensive and unified, arguing that there are alternative models within halakha that support the separation of religion and state. It critiques the traditional understanding of halakha as all-encompassing and proposes that historical Jewish legal thought, particularly from medieval scholars like Maimonides and Gerondi, provides frameworks for distinguishing between religious and political realms. The analysis highlights how these models challenge the ideal of a unified religious polity and offer a more nuanced understanding of halakha's applicability in diverse contexts.

Volume

6

Issue

3-4

First Page

631

Last Page

662

Publisher

Oxford University Press; New York University School of Law

DOI

https://doi.org/10.1093/icon/mon028

Disciplines

Constitutional Law | Internet Law | Law

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