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Towards a Legal Theory of the Conservati

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Jewish legal authority has shifted dramatically over the centuries, from the bold interpretive stance of Talmudic rabbis to the more deferential approach of medieval scholars. While Conservative Judaism today largely follows medieval precedent, a return to Talmudic methods of jurisprudence would provide stronger theological and practical foundations for contemporary Jewish law. Historical analysis reveals that Talmudic sages viewed themselves as legitimate authorities equal to their predecessors - even to Moses and Aaron, as documented in Rosh Hashanah. This contrasts sharply with medieval legalists (Rishonim and Achronim) who saw themselves as inferior to earlier authorities and bound by previous rulings. The Conservative movement would be better served by embracing the Talmudic principle that "the past gets a vote but not a veto." This requires a three-step methodology: beginning with traditional codes, investigating both the historical evolution and current observance of relevant laws, and implementing clear changes when modern circumstances demand them. Conservative rabbis already employ these principles in practice, but lack explicit theoretical grounding for their decisions. By returning to the Talmudic model of each generation interpreting Torah anew - as commanded in Deuteronomy - Conservative Judaism can maintain authentic continuity with Jewish legal tradition while meeting contemporary needs.

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    Published 1973

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    Elliot Dorff