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Against the Law

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Contemporary Conservative Judaism's self-identification as "halakhic" stands at odds with the actual religious commitments of its membership and leadership. Through theological and sociological analysis, Gutoff challenges three foundational premises of the Conservative movement: its framing of halakhah as "Jewish Law," its assertion of standardized halakhic process, and its positioning of rabbis as mara d'atra (local religious authority). The legal metaphor for Torah proves linguistically inauthentic, theologically problematic, and sociologically inaccurate, particularly as modern Jewish communities lack any enforceable system of behavioral norms. Close examination reveals that religious vision and sensibility, rather than formal procedural rules, govern halakhic interpretation, while rabbinical authority proves effective only when voluntarily accepted rather than imposed. These findings suggest that Conservative Judaism would better serve its community by reconceptualizing its mission as educational rather than legislative, emphasizing Torah as divine teaching that guides rather than mandates behavior. The movement's distinctive combination of traditional source commitment and critical scholarship positions it uniquely - not as enforcer of religious law, but as both student and teacher in an ongoing process of religious discovery.

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    Published 1995

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    Joshua Gutoff