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Publications | Yair Furstenberg

Publications

2021
Yair Furstenberg. 2021. Imperialism And The Creation Of Local Law: The Case Of Rabbinic Law.. In Legal Engegement : The Reception Of Roman Law And Tribunals By Jews And Other Inhabitants Of The Empire, Pp. 271–300. École française de Rome. Abstract
Following the destruction of Jerusalem in 70 CE and the imposition of a direct Roman rule over Palestine, the rabbis transformed the corpus of biblical commandments, Judean legal practices and customs into a comprehensive and detailed legal system. How can we explain the surprising fact that it was specifically under Roman jurisdiction that Jewish law emerged for the first time as a cohesive and codified system of civil law? In this article I argue that rather than functioning as an ideological or utopian construct, the creation of rabbinic law under Rome follows a familiar pattern well attested in the study of indigenous law under colonial rule. Scholars have recurrently described the development of local legal practices into fixed and formal legal systems, following colonial standards, thus triggering the invention of colonized “customary law”. In a similar manner, papyrological evidence attests to the crystallization of a corpus of “laws of the Egyptians” during the second century CE. Rabbinic material, however, offers the most detailed account of the processes by which the diversity of local customs characteristic of the pre-Roman period transformed into a fixed and general system of law at the hands of local experts. The article surveys three aspects of rabbinic legal innovation that feature elements of colonized “customary law”: the creation of new legal fields, codification of custom, and the establishment of a Roman-like court procedure. Together, these elements reflect the rabbinic effort to transform normative practices of different sources into a comprehensive legal system befitting imperial legal landscape.
Yair Furstenberg. 2021. The Shared Image Of Pharisaic Law In The Gospels And Rabbinic Tradition. In The Pharisees, Pp. 199–219. Eerdmans.
2020
Yair Furstenberg. 2020. 2 The Changing Worlds Of The Ten Rabbinic Martyrs. Martyrdom: Canonisation, Contestation And Afterlives, Pp. 55.
Yair Furstenberg. 2020. Jesus Against The Laws Of The Pharisees: The Legal Woe Sayings And Second Temple Intersectarian Discourse. Journal Of Biblical Literature, 139, 4, Pp. 769–788.
Yair Furstenberg. 2020. Rabbinic Responses To Greco-Roman Ethics Of Self-Formation In Tractate Avot. In Self, Self Fashioning And Individuality In Late Antiquity, Pp. 125–148. Mohr Siebeck.
Yair Furstenberg. 2020. Contesting Identities: The Splitting Channels From Israelite To Jew. A Companion To Late Ancient Jews And Judaism: 3Rd Century Bce-7Th Century Ce, Pp. 183.
2019
Yair Furstenberg. 2019. Mishnah Uprooting Scripture: Shaping Law In Opposition To Scripture In The Redaction Of The Mishnah. Jewish Studies Internet Journal, 16, Pp. 1–20.
Yair Furstenberg. 2019. People Of The Land (Am Ha-Ares). In T&T Clark Encyclopedia Of Second Temple Judaism, Ed. Gurtner, Daniel; Stuckenbruck, Loren T, 2:Pp. 590–591. T&T Clark.
Yair Furstenberg. 2019. Provincial Rabbis: Shaping Rabbinic Divorce Procedure In A Roman Legal Environment. Jewish Quarterly Review, 109, 4, Pp. 471–499.
2018
Yair Furstenberg. 2018. The Rabbis And The Roman Citizenship Model: The Case Of The Samaritans. In In The Crucible Of Empire: The Impact Of Roman Citizenship Upon Greeks, Jews And Christians, Pp. 181–216.
2017
Yair Furstenberg. 2017. Complex Purity: Between Continuity And Diversity In Ancient Judaism. Archaeology And Text: A Journal For The Integration Of Material Culture With Written Documents In The Ancient Mediterranean And Near East, 1, Pp. 115–131.