In this essay we discuss the philosophy of law of Moses Ben Maimon, dedicating spe- cial attention to two issues: the function of the law and the golden middle way of the classic ethical tradition. We argue that the intersection among these two issues lies in the concept of the law as an instrument to temper human excess in order to achieve an ordered society, an ethical life, and a sufficient knowledge of God. Drawing on the philosophical, ethical, and medical writings of the Jewish thinker, we argue that the achievements of good habits and an educated inclination do not make laws irrelevant and superfluous. On the contrary, human beings are required to comply with both intelligible and less intelligible rules, to the extent these rules come directly or indi- rectly (via interpretation) from God. The revealed law (Torah) as paradigm of limit and moderation emerges as well in Maimonides conception of legal hermeneutics. In this way, we argue that the high moral value represented by the action’s attributes of God in Jewish thought is matched by the awareness of the limits of human intellect: it is according to these limits that the Jewish law (Halakha) outlines its rules.

LEGGE E GIUSTO MEZZO: LA FILOSOFIA DEL DIRITTO DI MOSÈ MAIMONIDE

Lucia Corso
2021

Abstract

In this essay we discuss the philosophy of law of Moses Ben Maimon, dedicating spe- cial attention to two issues: the function of the law and the golden middle way of the classic ethical tradition. We argue that the intersection among these two issues lies in the concept of the law as an instrument to temper human excess in order to achieve an ordered society, an ethical life, and a sufficient knowledge of God. Drawing on the philosophical, ethical, and medical writings of the Jewish thinker, we argue that the achievements of good habits and an educated inclination do not make laws irrelevant and superfluous. On the contrary, human beings are required to comply with both intelligible and less intelligible rules, to the extent these rules come directly or indi- rectly (via interpretation) from God. The revealed law (Torah) as paradigm of limit and moderation emerges as well in Maimonides conception of legal hermeneutics. In this way, we argue that the high moral value represented by the action’s attributes of God in Jewish thought is matched by the awareness of the limits of human intellect: it is according to these limits that the Jewish law (Halakha) outlines its rules.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11387/147681
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