The Anxiety of Influence and Judicial Self-Aggrandizement in Rabbinic Jurisprudence

36 Constitutional Commentary ___ (Forthcoming 2021)

16 Pages Posted: 28 Apr 2021

See all articles by Ethan J. Leib

Ethan J. Leib

Fordham University School of Law

Date Written: April 20, 2021

Abstract

The separation of powers is often at the center of modern constitutional governance. But David Flatto’s recent book, The Crown and the Courts, invites us to think about how (very) early Jewish meditations on the relationship among the monarch, the priests, the rabbis, and the law gave political theory resources for justifying judicial independence and sovereign immunity—perhaps earlier than we realized. Yet is hard to grant Flatto such a thoroughly non-political political theory of judicial independence and sovereign immunity, such as he advances in his Flattonic idealism. Once we appreciate, instead, that the propensity for judicial self-aggrandizement and the institutional strategies for accomplishing that objective have existed since time immemorial, a slightly more realistic accounting of these developments in constitutional theory is made possible. That has lessons not only for our understanding of the rabbis but also for the separation of powers today.

Keywords: separation of powers, judicial independence, sovereign immunity, Talmud, rabbinics

Suggested Citation

Leib, Ethan J., The Anxiety of Influence and Judicial Self-Aggrandizement in Rabbinic Jurisprudence (April 20, 2021). 36 Constitutional Commentary ___ (Forthcoming 2021), Available at SSRN: https://ssrn.com/abstract=3830537 or http://dx.doi.org/10.2139/ssrn.3830537

Ethan J. Leib (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States

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