“The Law of the State is the Law:” The Nature of Law in Jewish Jurisprudence (original) (raw)

This essay presents medieval Rabbinic attitudes concerning the nature of law as it is expressed in the dictum "dina demalkhuta dina"-the law of the state is regarded as the Jewish law. The essay confirms that Rabbinic attitudes concerning the nature of law are harmonious with diverse philosophical approaches in classical jurisprudence, reflected in both "natural" and "positive" law theory. Here we focus on the rational and legal justifications for accepting non-Jewish rule, asking why a religious law, claiming its origins to a divine mandate, would submit to a seemingly inferior, non-Jewish law. The answer to this question sheds light on the Rabbinic attitudes to the nature of law in general.