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  3. The Human Will in Judaism: The Mishnah’s Philosophy of Intention

The Human Will in Judaism: The Mishnah’s Philosophy of Intention

Howard Eilberg-Schwartz
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  • Contents

  • Cover
  • Series Page
  • Title Page
  • Copyright
  • Dedication
  • Table of Contents
  • Publishers’ Preface
  • Preface
  • Acknowledgments
  • Introduction
  • Part One: An Actor‘s Intention in the System of the Mishnah
    • 1. When an Action Misfires: Effect on Liability and Reward
      • Strict Liability in Torts
      • The Importance of Intention in Cultic and Religious Law
      • Human Intention and Divine Will
      • Distinguishing Intentional from Unintentional Acts
      • Intended and Resulting Actions: Belonging to the Same Category of Act
      • Intended and Resulting Actions: Invoking the Same Legal Consequences
      • Intended and Resulting Actions: Involving the Same Type of Object
      • Intended and Resulting Actions: Producing the Same Physical Effects
      • Intended and Resulting Actions: A Perfect Correspondence
    • 2. An Actor‘s Purpose: Effect on Liability and Reward
      • The Role of an Actor‘s Purpose in the Mishnaic System
      • The Two Aspects of Intention: A Comparison
      • The Emphasis on an Actor‘s Purpose: The Biblical Antecedents of the Mishnah‘s Theory
      • When and Why an Actor‘s Purpose Matters
      • The Importance of an Actor‘s Subjective Purpose in Cases Involving Ambiguity
      • When Subjective Intention is Irrelevant: The Importance of Social Norms in Evaluating Action
      • The Appeal to Norms to Interpret a Votary‘s Intention
      • The Variability of Norms Within Israelite Society
      • Norms of Occupational Groups
      • Geographic Norms
      • Generational Norms
      • Explaining the Significance of Social Norms
      • Reliance on Norms as an Aspect of the Mishnah‘s Legal Theory
      • Reliance on Norms as an Aspect of the Mishnah‘s Theological Concerns
      • Conclusion
  • Part Two: The Function of Plans in the Mishnaic System
    • 3. Plans in the System of Purity
      • The Magical’ Effects of Planning
      • The Power of Plans to Classify: The Underlying Significance
      • The Power of Plans to Classify: Mishnaic Innovation or Scriptural Inheritance?
      • From Biblical Mythology to Mishnaic Theology: The Creation Stories and the Mishnah‘s Theory of Classification
      • Humanity as an Agent of God
      • When and Why Plans Have the Power to Classify
      • The Power of Plans to Resolve Ambiguity: The Case of Household Objects
      • The Power of Plans to Resolve Ambiguity: The Case of Food Substances
      • The Roles of Social Norms in Classifying Objects
      • The Relative Importance of Plans and Social Norms: The Case of Household Objects
      • The Relative Importance of Plans and Social Norms: The Case of Food Substances
      • The Image of the Typical Israelite
      • The Subordination of Intention to Actions and Norms in the Mishnah‘s Classification Scheme
      • Classifying Actions and Classifying Objects: A Comparison
      • Conclusion
    • 4. Plans in the Sacrificial System
      • The Householder‘s Power to Consecrate an Animal
      • The Role of a Priest‘s Plans in the Sacrificial System: Desacralizing a Consecrated Animal
      • Ruling Out Alternative Explanations
      • The Plan to Offer the Wrong Type of Holy Offering
      • The Appeal to Social Norms in Evaluating a Priest‘s Plans
      • Priests as Agents of Householders
      • Householders and Priests: A Fundamental. Correspondence
      • The Power of Householders to Classify Animals
      • The Terms of Agency
      • Priests as Agents of Householders: The Underlying Significance
      • The Role of a Priest‘s Intentions in the Sacrificial System: Mishnaic Innovation or Scriptural Inheritance?
      • Conclusion: When and Why Plans are Important in the Mishnaic System?
    • 5. Conclusion
      • The Mishnah‘s Theory of Intention
      • The First Axiom: The Correspondence Between Human Intention and Divine Will
      • The Second Axiom: The Role of Intention in Classification
      • The Third Axiom: The Importance of Teleological Criteria in the Mishnah‘s System of Classification
      • The Fourth Axiom: Norms as a Criterion of Classification
      • Explaining the Mishnah‘s Theory of Intention: A Sociological Perspective
  • Notes
  • Abbreviations and Bibliography
  • Index
Citable Link
Published: 1986
Publisher: Brown Judaic Studies
ISBN(s)
  • 978-1-951498-17-7 (ebook)
  • 978-1-951498-18-4 (PDF)
Subject
  • Religion

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