Touro Law Review
The role and function of “halakha” (Jewish law) in Jewish communal life is a divisive issue: while Orthodox Jews tend to embrace Jewish law, non-Orthodox Jews (here deemed “Heterodox”) generally reject Jewish law and halakhic discourse. We will explore the way in which Robert Cover’s work offers an antidote to categorical Heterodox distaste for halakha specifically, and law more broadly, providing a pathway into an articulation of halakha that may speak to Heterodox Jews specifically: one that is driven by creative “jurisgenerative” potential, that is informed by a paideic pluralism, and that is fundamentally democratic in its commitment to being shaped not by its authors or enforcers but by the people who imbue it with meaning.
Laynie Laynie Soloman and Russell G. Pearce,
‘Nothing About Us Without Us’: Toward a Liberatory Heterodox Halakha, 37 Touro L. Rev. 1769
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1257