Cooper on Culpability for Curses in Jewish Law and Mystical Lore

Levi Cooper, Ben Gurion University of the Negev, has published Culpability for Curses in Jewish Law and Mystical Lore, in Wizards vs. Muggles: Essays on Identity and the Harry Potter Universe 168(Christopher E. Bell, ed., Jefferson, NC: McFarland, 2016).

Would a court judging according to Jewish Law find Voldemort guilty for the murders of James and Lily Potter? Voldemort had the intention to kill, yet the legal question is: Would Jewish Law consider the Killing Curse to be an act of murder? This study explores legal aspects of three magical phenomena – incantations that kill, automatic writing like Tom Riddle’s Diary, and food with different possible tastes like Bertie Bott’s Every Flavor Beans – as they are discussed in Jewish Law. In Jewish esoteric lore, magical phenomena have conventionally been the province of the mystically adept. Though laypeople may not have been proficient in magic, the mystical tradition dictated conduct. A by-product of this situation was that jurists considered legal implications of magic. Legal opinions on magical phenomena can therefore be found in Jewish legal literature, making this corpus fertile ground for analysis. Drawing on the fields of Comparative Law, Law and Literature, and Legal History, this article analyzes three phenomena and concludes with four contentions: First, the analysis speaks to the possibility of cross-fertilization in Comparative Law. Second, the study provides a unique window into the world of Jewish Law jurists, and thus is of interest to legal historians and judicial biographers. Third, the material presented here contributes to our understanding of the reaches of the Jewish legal system. Fourth, the present discussion may be significant for the contemporary challenge of charting a course in legal education.

Download the essay from SSRN at the link.

Same-Sex Marriage: Re-Reading the Levitical Text

Doron M. Kalir, Cleveland State University College of Law, has published Same-Sex Marriage and Jewish Law: Time for a New Paradigm? as Cleveland-Marshall Legal Studies Paper No. 15-284. Here is the abstract.

In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts homosexuality and treats gay people as equal members of the community. It does not plainly stigmatize and condemn them to the fringes of society, as people have previously thought on the basis of two verses in Leviticus. In a sophisticated, contextualized, and comprehensively-informed interpretation of the Levitical text, Kalir shows that a much more benign interpretation of the notorious verses in Leviticus is as plausible as (or more plausible than) the standard construction. In this new interpretation, the prohibition in Leviticus stigmatizes only one sort of homosexuality — that which occurs between members of the same extended family, i.e., incestuous homosexuality.

Download the article from SSRN at the link.

Storytelling, the Jewish Legal System, and "The Jazz Singer"

Levi Cooper, Tel Aviv University, Buchmann Faculty of Law, is publishing Jewish Law, Hasidic Lore, and Hollywood Legend: The Cantor, the Mystic, and the Jurist in volume 2 of Critical Analysis of Law (Fall 2015). Here is the abstract.

Cantor Yossele Rosenblatt (1882-1933) was offered an opportunity that would make any performer swoon: a star role in the ground-breaking film The Jazz Singer (1927). Yet Rosenblatt refused this artistic opportunity of the lifetime. This paper contextualises Rosenblatt’s baffling decision, by exploring one possible relationship between art and law; in this case – the art of storytelling and the Jewish legal system. The study demonstrates where the two pursuits tread separate, unlinked paths to a common end. This vector is refracted through the lens of performance of prayers outside of the religious synagogue service; specifically the propriety of cantorial concerts that presented prayers from the High Holy Day liturgy. This issue appears in Jewish legal writing and in storytelling – each modality using its own tools to tackle the trend. It is noted that legal systems without effective enforcement mechanisms – such as Jewish law in the late modern period – could use arts as compensatory media for achieving societal order. More significantly, however, arts are not umbilically connected to law; each cultural creation independently strives to fashion society.

Download the article from SSRN at the link.