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283 C H A P T E R N I N E Applications of My Theory of Jewish Law to Specific Cases The proof of the pudding is in the eating. Theories of law are not only intellectually interesting but also have practical import. As described in Chapter One, theories of law are based on specific views of human nature and human societies, the ideals toward which they should strive, and the role of law in the lives of individuals and communities . This broad picture affects how one understands the nature of the law (Chapters Two and Three) and the motivations to follow it (Chapter Four), continuity and change within the law (Chapter Five), and the roles of morality and custom in shaping its content (Chapters Six and Seven). It is not surprising that one’s underlying convictions on these matters also affect how one treats specific legal issues. In this chapter, I will illustrate how some of my own Jewish legal rulings grow out of my theory. MY OWN EXPERIENCE IN MAKING JEWISH LEGAL DECISIONS How do I get questions in the first place? Often they come from my students and then, like rabbis of congregations, I might answer them immediately or I might check some texts before answering. Sometimes I might consult with other rabbis who are known to have greater expertise than I do in the particular area of Jewish law in question, and sometimes other rabbis ask me about cases within the areas of Jewish law that I know well, both through text study and experience. (This is very much like American lawyers consulting with other lawyers who specialize in a given area of the law.) Historically, consultations happened through the mail, by which the questioner and respondent traded letters; this is the vast responsa literature , or, in Hebrew, she’elot u’teshuvot (questions and answers). Today, the same thing happens over the telephone or by e-mail. Because I work extensively in bioethics, rabbis contact me often about particular cases involving issues at the beginning and end of life; and because I have done research and published on other areas of ethics, I often receive calls and e-mail about other moral problems as well. Sometimes rabbis ask me questions about the dietary laws or the Sabbath, but I would imagine that other rabbis in the movement get called about those topics more than I do. My job description as a faculty member at the University of Judaism (now the American Jewish University) since 1971 does not include making legal decisions for the university. In other cases, however, I have acted as a rabbi. For instance, in 1972, the president of the university appointed me as the rabbi in residence for Camp Ramah in California. In that capacity, I have made many decisions for the camp in many different areas of Jewish law from 1972 to 1991, and I still act as the consultant for the camp in Jewish legal matters. In 1994, the new president of the university appointed me as rector for the University of Judaism, defined as rabbi of the university, and so I now officially interpret Jewish law for that institution. In addition, since December 1984, I have been a member of the Conservative movement’s Committee on Jewish Law and Standards (CJLS). In that capacity, I have written close to 20 responsa. Most were written in response to rabbis asking that the CJLS address an issue for the entire Conservative movement. Some were generated by the committee members themselves in an effort to give guidance to the movement on important issues. In addition, I have written two rabbinic letters, one on intimate relations and one on poverty. These were not formal responsa written for the CJLS but were approved by the committee as educational materials about Jewish law on those topics. In what follows, then, I will summarize some of those mateFOR THE LOVE OF GOD AND PEOPLE 284 rials as illustrations of how I have applied my own theory of Jewish law to specific cases.1 HOW MY THEORY AFFECTED SOME OF MY LEGAL DECISIONS Practical Issues In this section, I discuss these responsa: “Changing Realities and Relationships: The Use of All Wines”2 and “The Use of Synagogues by Christian Groups.”3 In the very first responsum that I wrote for the CJLS, on the use of all wines, I confronted two aspects of the problem —namely, the materials with which the wine was made, and the rabbinic...

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