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유대법 안에서 개인 의도의 기능: 미쉬나 켈림을 중심으로

The Function of Individual Intention in the Jewish Legal Tradition according to the Mishnah, Kelim

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scholars of Jewish studies, focusing on the functions of personal intention in the areas of civil, criminal, and religious law. This essay is reading and analyzing the Mishnaic texts and finds that the Jewish tradition of purity law also shows clear interest in the concept of individual intention as an important criterion of their legal judgments. An individual intention is described to change the ritual characteristics of an object. When an individual makes an object available to use, it becomes susceptible to become unclean. At the moment that the object becomes useless, it becomes clean. So an individual, even before practicing an action, decides the status of an object and rules to follow in relation to the purity law. On the other hand, an individual action is believed to take place according to certain social customs, such as one’s professional experties inside the Jewish community. Then the rabbinic thought of the second century CE developed the tradition of an individual intention as a religious standard, but, at the same time, it made sure that a Jewish individual stayed in the communal boundaries. This two-way interpretations seems to keep the Jewish community alive and well in many different circumstances in its history.

Abstract

scholars of Jewish studies, focusing on the functions of personal intention in the areas of civil, criminal, and religious law. This essay is reading and analyzing the Mishnaic texts and finds that the Jewish tradition of purity law also shows clear interest in the concept of individual intention as an important criterion of their legal judgments. An individual intention is described to change the ritual characteristics of an object. When an individual makes an object available to use, it becomes susceptible to become unclean. At the moment that the object becomes useless, it becomes clean. So an individual, even before practicing an action, decides the status of an object and rules to follow in relation to the purity law. On the other hand, an individual action is believed to take place according to certain social customs, such as one’s professional experties inside the Jewish community. Then the rabbinic thought of the second century CE developed the tradition of an individual intention as a religious standard, but, at the same time, it made sure that a Jewish individual stayed in the communal boundaries. This two-way interpretations seems to keep the Jewish community alive and well in many different circumstances in its history.

참고문헌 (15)

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  3. 프리처드, 제임스 B., "고대 근동 문학 선집" (2016), CLC
  4. 헹엘, 마르틴, "유대교와 헬레니즘, 기원전 2세기 중반까지팔레스타인을 중심으로 한 유대교와 헬레니즘의 만남 연구" (2012), 나남
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  7. Eilberg-Schwartz, Howard, "The Human Will in Judaism, the Mishnah’s Philosophy of Intention" (1986), Brown University
  8. Goldenbert, Robert, "Commandment and Consciousness in Talmudic Thought", The Harvard Theological Review, 68(3), pp.261~271 (1975)
  9. Jackson, Bernard S., "Liability for Mere Intention in Early Jewish Law", Hebrew Union College Annual, 42, pp.197~225 (1971)
  10. Jaffee, Martin S., "Mishnaic Literary History and the History of a Mishnaic Idea: On the Formation of the Mishnah’s Theory of Intention, with Special Reference to Tractate Ma’aserot", AJS Review, 11(2), pp.135~155 (1986)
  11. Lindars, Barnabas, "Ezekiel and Individual Responsibility", Vetus Testamentum, 15(4), pp.452~467 (1965)
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  13. Roth, Martha T., "Law Collections from Mesopotamia and Asia Minor" (1995), Scholars Press
  14. Zeitlin, Solomon, "Studies in Tannaitic Jurisprodence: Intention as a Legal Principle", Journal of Jewish Lore and Philosophy, 1(3), pp.297~311 (1919)
  15. Zeitlin, Solomon, "Asmakta or Intention, a Study in Tannaitic Jurisprudence", The Jewish Quarterly Review, 19(3), pp.263~273 (1929)

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