Material Type  

 학위논문

 

0017164900

Date and Time of Latest Transaction  

20250211153100

ISBN  

9798346381730

DDC  

296

Author  

Slate, Daniel David.

Title/Author  

The Law of the Hour: Emergency Powers, the Rule of Law, and Judaic Political Thought.

Publish Info  

[S.l.] : Stanford University., 2024

Publish Info  

Ann Arbor : ProQuest Dissertations & Theses, 2024

Material Info  

296 p.

General Note  

Source: Dissertations Abstracts International, Volume: 86-05, Section: A.

General Note  

Advisor: Ober, Josiah.

학위논문주기  

Thesis (Ph.D.)--Stanford University, 2024.

Abstracts/Etc  

요약This thesis is devoted to re-conceiving the theory of emergency powers, both in American constitutional history and in political theory generally, through a recovery of several important chapters in the history of political thought, including the jurisprudence of the "law of the hour" (hora'at sha'ah) in the classic texts of the rabbinic tradition, the Talmud and the Midrash and their later expositors.Instead of taking the Roman Dictator as its prototype and salus populi suprema lex as its maxim, my research begins with an even earlier institution of crisis government, the Judge (Shofet) of ancient Israel, as understood by the rabbinic political tradition. Drawing on the writings of early halakhists including Moses Maimonides and especially his successor, the influential jurist Rabbi Yaakov ben Asher (neglected in prior scholarship, despite having set the pattern for all subsequent Jewish law), I show that the rabbinic tradition's discussion of "the law of the hour" offers a political theory of emergency power that was both empirically tested across hundreds of years of use in communities across the global diaspora and, crucially, is always and fundamentally controlled by a higher principle of human dignity. This study's first contribution, therefore, is a novel approach to how political communities can address exceptional times of exigency, contingency, chaos and crisis while still honoring others' humanity, based on the landmark justice discourse and halakhic rulings of R. Yaakov b. Asher.The second contribution is to demonstrate the influence of Judaic political ideas on American political thinkers at the Founding, contributing two new chapters to the history of political and constitutional Hebraism-the use of rabbinic texts by political theorists and jurists. This thesis shows how such ideas operated during the Constitutional v Convention in Philadelphia and the Ratification Debates spanning 1787-1788, shaping both the meaning of republican government (and thus Article IV, section 4 of the U.S. Constitution) as well as the form of the Article II presidency, which I argue was shaped by Hebraist portrayals of the Judge of Israel, a conclusion with significant implications for the meaning and scope of the president's executive power.The thesis concludes with a more normative and conceptual chapter that distinguishes between the Roman model of crisis government, which requires an observable, imminent threat to legitimately exercise emergency powers, and a model found in the Talmud, that shares the realism informing the Roman model but also allows for extraordinary measures based on forecasts and risks, not only threats. In every case, however, the Talmud's model of the law of the hour requires that great weight be given to kavod ha-briyot(human dignity) and that any crisis response-whether to imminent threats or more distant risks-must not fall into mere survivalism but must instead maintain careful awareness of the inestimable worth and moral weight of human beings.

Subject Added Entry-Topical Term  

Jewish law.

Subject Added Entry-Topical Term  

Judaism.

Subject Added Entry-Topical Term  

Bible.

Subject Added Entry-Topical Term  

Dictators.

Subject Added Entry-Topical Term  

Biblical studies.

Subject Added Entry-Topical Term  

Judaic studies.

Subject Added Entry-Topical Term  

Law.

Subject Added Entry-Topical Term  

Religion.

Added Entry-Corporate Name  

Stanford University.

Host Item Entry  

Dissertations Abstracts International. 86-05A.

Electronic Location and Access  

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Control Number  

joongbu:656281