Jews -- Periodicals; Jews -- United States -- Periodicals
The effect of the dispersion of the Jews was to give a peculiar
sacredness to the law as the sole heritage of their earlier and
happier days. In most of the lands of their dispersion, the Jews dwelt
a race apart, separated from the rest of the community by mutual
prejudices and antagonisms. The soil on which they dwelt was so far as
ultimate overlordship was concerned the land of the stranger, but
nevertheless in a very definite and special sense it was the Jews'
own land. For it was a land in which the law of the stranger was not
the law. The law of the land of their dispersion was not the law of
the owner of the soil but the law of the Jews. In this sense the
Ghettos of Italy and the Gassen of Germany were not so much Italian
and German soil as they were Jewish. As by the modern fiction of
extraterritoriality the home of an Ambassador is considered part of
his own national territory, so these exclusively Jewish settlements
were colonies of Judæa planted on foreign soil. They were separated
from the rest of the land by visible or invisible walls, and within
these walls, hardly touched by the influences that were at work
shaping the life around them, the ancient law of the Jews was
preserved and handed down from generation to generation. Hence during
the Middle Ages the student of the law became the most important
member of the community, and all the energy of the community that was
not required to outwit the constant menace of brutal force and
religious persecution was devoted to the cultivation of the law and of
the literature that it gave rise to.
It should be noted, however, that since the beginning of the Talmudic
period, the civil law developed in certain directions only, because
after all the Jewish people had no land of their own in the usual
sense and no central authority and were constantly moving from place
to place, always subject to persecution. Some branches of their law
were entirely neglected and others abnormally developed.
_The Schools of the Law_
Public-domain text, read in full here on John Shaqi.
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