Document Type
Article
Publication Title
Utah Law Review
Publication Date
1997
Abstract
In the Talmudic story of the Oven of Akhnai, Rabbi Eliezer - symbol of unchanging law and original intent - decides a disputed issue of law, supporting his claim with all the arguments in the world and then with miracles including a voice from the Author proclaiming his interpretation correct. Nonetheless, his interpretation is rejected.
The Akhnai story is a complicated commentary on the problems of democracy and justice, with insights into the majoritarian (and counter-majoritarian) difficulties, the status of ancient law, and the meaning of originalist interpretation. I draw out lessons for those who seek to create a single society in a world where we have deep committments to ultimate values and, often, equally deep disagreements as to their content.
Recommended Citation
Daniel J.H. Greenwood,
Akhnai, 1997 Utah L. Rev. 309
(1997)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/191