Frankiv D. Worldview-axiological theological principles of the development of Jewish religious law in its historical varieties

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102471

Applicant for

Specialization

  • 09.00.14 - Богослов'я

16-12-2020

Specialized Academic Board

Д 26.053.21

National Pedagogical Dragomanov University

Essay

The dissertation is devoted to the complex theological and philosophical-legal analysis of the principles of formation and action of the Jewish religious law in its historical evolution. The historical stages of the formation of Jewish law, the characteristic features of Moses, Talmudic and post-Talmudic law are analyzed. The methods and principles of formation of normative-legal acts of Jewish law are considered, the concepts of Jewish, Jewish, Israeli law are outlined. The essence of the phenomenon of Jewish religious law is analyzed, its theological content is revealed. The evolution of approaches to understanding the Jewish legal system in modern science is revealed and its main features are singled out. The basic principles of formation of normative, institutional and ideological components of the Jewish legal system are revealed. The place of the Written Law, the Oral Law, in particular the Talmud, in the system of sources of Jewish law is clarified. Current trends and problems in the development of Jewish religious law and ways to solve them are highlighted. The change in the basic principles of formation and action between biblical and Talmudic law leads to the loss of the internal basis and the transformation of law into something else, albeit with the preservation of the formal features of the previous one. This can be seen precisely on the principles of formation and operation of Jewish law in their theological aspect. The evolution of theological ideas between biblical and Talmudic law leads to the formalization and loss of the original foundations and, thus, becomes not evolution as development, but pseudo-evolution. The danger of deviating from the initial principles and ideas is shown. On the example of ancient Jewish and Talmudic law, it is traced and illustrated how the primary "living" environment of the period of origin of a certain religion is later transformed into a permanent tradition (the rite overcomes the spirit, the formalization of religion). Such patterns, which revealed our study, become the starting point, because the example of Jewish law can show the general pattern (formalization, ritual, mass, merging with national identity) of religion in general and religious law in particular. Theological analysis of the difference between the basic principles of formation (God's will, the law of sages, the educational principle and the "fence principle") and action (the principle of talion and the principle of formalities) between biblical and Talmudic law. A holistic and systematic analysis of the evolution of theological ideas in the basic legal principles of Jewish law is made.

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