THE SEARCH FOR LIBERAL HALAKHAH
10. See Novak, p. 6, and Joel Roth ,"Halakhah and History," in Nina Beth Cardin and David Wolf Silverman, eds., The Seminary at 100, New York , 1987, p. 284. On"criteria of validity" see, in general, H. L. A. Hart, The Concept of Law Oxford, 1961, p. 92 and pp. 97-107, and Joseph Raz , The Concept of a Legal System, Oxford, 1970, pp. 95ff and pp. 107ff.
11."The legal sources of law are authoritative, the historical (sources) are unauthoritative"; P. A. Fitzgerald, Salmond on Jurisprudence, London , 1966, p. 109.
13. See Hart, pp. 132-144. For a description of American legal realism, see G. Edward White , The American Judicial Tradition, New York , 1976, pp. 272 ff. The most succinct statement of the extremist position among the"realist" school is that of Jerome N. Frank, Law and the Modern Mind, New York , 1930. Seep. 179: all legal rules, principles, precepts, concepts, standards--all generalized statements of law--are fictions."
15. The difficulty is exacerbated by the connection Jacobs draws between his non-fundamentalist halakhah and the acceptance of higher Biblical criticism and modern theories of revelation(chapter 16). Since orthodox Jews would be unable to swallow these modernist theologies, Jacobs has in effect excluded them from participation in his new legal system.
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