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The End of Halakhah

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The operative force of Jewish law (halakhah) has effectively ceased in modern Jewish communities, even as Orthodox and Conservative authorities maintain claims of its continuity. While most contemporary Jews' non-observance of halakhic requirements is well-documented, deeper analysis reveals a more fundamental shift: the sociological prerequisites for halakhah's function as law - namely cohesive, autonomous Jewish communities - no longer exist. Even in Israel, secular democratic law supersedes religious legislation in all but limited aspects of personal status. Through theoretical analysis and sociological examination, this research demonstrates that halakhah's core premises, including divine revelation, rabbinic interpretive authority, and concepts like ritual impurity (tum'ah), stand in direct tension with democratic principles and contemporary values. As traditional Jewish law becomes increasingly incompatible with modern Jewish life, future ritual development requires abandoning halakhic methodology in favor of community-based experimentation. This participatory approach would engage both clergy and laity in creating meaningful religious practices, emphasizing individual conscience, pluralistic expression, and inherent spiritual appeal rather than rabbinic decree. Such evolution necessitates enhanced Jewish education to support informed ritual innovation while preserving valuable traditional elements.

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    Published 1952

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    Jack Cohen