but finally, in the sixteenth century, Joseph Caro (mystic and legalist)
compiled the _Table Prepared_ (_Shulchan Aruch_), which, with
masterly skill, collected the whole of the traditional law, arranged
it under convenient heads in chapters and paragraphs, and carried down
to our own day the Rabbinic conception of life. Under this Code, with
more or less relaxation, the great bulk of Jews still live. But the
revolt against it, or emancipation from it, is progressing every year,
for the olden Jewish conception of religion and the old Jewish theory
of life are, as hinted above, becoming seriously undermined.
Now in what precedes there has been some intentional ambiguity in
the use of the word Law. Much of the misunderstanding of Judaism has
arisen from this ambiguity. 'Law' is in no adequate sense what the Jews
themselves understood by the nomism of their religion. In modern times
Law and Religion tend more and more to separate, and to speak of Judaism
as Law _eo ipso_ implies a divorce of Judaism from Religion. The
old antithesis between letter and spirit is but a phase of the same
criticism. Law must specify, and the lawyer interprets Acts of Parliament
by their letter; he refuses to be guided by the motives of the Act, he
is concerned with what the Act distinctly formulates in set terms. In
this sense Judaism never was a Legal Religion. It did most assiduously
seek to get to the underlying motives of the written laws, and all the
expansions of the Law were based on a desire more fully to realise the
meaning and intention of the written Code. In other words, the Law was
looked upon as the expression of the Will of God. Man was to yield to
that Will for two reasons. First, because God is the perfect ideal of
goodness. That ideal was for man to revere, and, so far as in him lay,
to imitate. 'As I am merciful, be thou merciful; because I am gracious,
be thou gracious.' The 'Imitation of God' is a notion which constantly
meets us in Rabbinic literature. It is based on the Scriptural text:
'Be ye holy, for I the Lord am holy.' 'God, the ideal of all morality,
is the founder of man's moral nature.' This is Professor Lazarus'
modern way of putting it. But in substance it is the Jewish conception
through all the ages. And there is a second reason. The Jew would not
have understood the possibility of any other expression of the Divine
Will than the expression which Judaism enshrined. For though he held that
the Law was something imposed from without, he identified this imposed
Law with the law which his own moral nature posited. The Rabbis tell us
that certain things in the written Law could have been reached by man
without the Law. The Law was in large part a correspondence to man's moral
nature. This Rabbinic idea Lazarus sums up in the epigram: 'Moral laws,
then, are not laws because they are written; they are written because
they are laws.' The moral principle is autonomous, but its archetype is
God.
Public-domain text, read in full here on John Shaqi.
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