From a Conception of Territorial Jurisdiction to an Extraterritorial Jurisdiction: Uncovering a Tannaitic Legal Transition

A legal system may limit its jurisdiction, so that its laws apply exclusively within its territorial borders. In an alternate conception, a legal system may opt to apply its laws extraterritorially, so that its subjects are bound to them in any place they find themselves. The theoretical foundations...

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Bibliographic Details
Published in:AJS review 2023, Vol.47 (2), p.342-367
Main Author: Porat, Benjamin
Format: Article
Language:English
Online Access:Get full text
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Summary:A legal system may limit its jurisdiction, so that its laws apply exclusively within its territorial borders. In an alternate conception, a legal system may opt to apply its laws extraterritorially, so that its subjects are bound to them in any place they find themselves. The theoretical foundations of these two conceptions of law are profoundly distinct. Using this jurisprudential framework, this article explores anew the transition from the biblical (pentateuchal) conception of law to the conception of law found in the writings of the early rabbis. It then examines whether this legal difference corresponds with a parallel theological transition. Revealing the possible relationships between these two transitions makes clear that theology and law are intertwined.
ISSN:0364-0094
1475-4541
1475-4541
DOI:10.1353/ajs.2023.a911526