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Reclaiming Talmudic Judaism an Aggadic A

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Stories and lived experiences have long challenged and transformed Jewish law, yet this dynamic relationship between narrative (aggadah) and legal discourse (halakhah) remains underexplored as a framework for modern Jewish legal reasoning. Analysis of Talmudic sources reveals how marginalized voices - including women, non-rabbinic men, and minorities - reshaped legal principles through their narratives, with the Gemara documenting fifteen instances where stories directly altered established rulings. By applying critical legal theory alongside traditional Jewish textual analysis, this research demonstrates how narratives systematically disrupt formalist legal discourse and drive responsive legal development. Contemporary legal scholars have leveraged similar narrative approaches in addressing egalitarianism and inclusion within Jewish communities. Conservative Judaism stands to benefit from embracing this "aggadic approach to halakhah" as both ideological framework and practical methodology - allowing human stories to challenge and transform legal interpretations while maintaining halakhic integrity. Integrating narrative into legal reasoning prevents the "violence of law" by ensuring human experience remains central to legal development, offering a mechanism for halakhic evolution that preserves tradition while responding to contemporary realities.

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    Published 2006

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    Jill Jacobs