Nominalism and Realism in Qumranic and Rabbinic Law: a Reassessment

Jeffrey L. Rubenstein

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Biblical Studies and Interpretation Historical Legal Studies and Society Medieval and Classical Philosophy

Abstract

NOMINALISM AND REALISM IN QUMRANIC AND RABBINIC LAW: A REASSESSMENT JEFFREY L. RUBENSTEIN New York University D.R. Schwartz's noteworthy article, "Law and Truth: On Qumran- Sadducean and Rabbinic Views of Law," proposes a powerful new theory for conceptualizing the fundamental difference between Qumran- Sadducean and Pharisaic-rabbinic law.' Previous studies generally sufficed with the vague characterization of Qumran law as "priestly" without defining exactly what this means or how it relates to specific legal issues. Schwartz, in contrast, examines numerous particular dis- putes between these two legal systems and explains how they devolve from two conflicting understandings of law. The rabbis

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2017Law in Jewish Society in the Second Temple Period 2014Rabbinic Legal Loopholes: Formalism, Equity and Subjectivity 2018Law and Self-Knowledge in the Talmud

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