Abstract

In my dissertation, "The Nature of Halakha: Philosophical Investigations," I explore the metaphysics of Halakha using contemporary analytical philosophy. The central question guiding my research is: How are the natural world and the world of Halakha related, according to the underlying assumptions of Halakha? My work consists of three papers addressing the relationship between natural facts and halakhic facts. In the first paper, I propose a shift from the traditional debate between halakhic realism and nominalism to a discussion of halakhic naturalism and non-naturalism. I evaluate arguments for and against various interpretations of these views, favoring a non-naturalistic perspective. In the second paper, I argue for a strong version of non-naturalism, which I term "Halakhic Occasionalism." This view suggests that God's primary involvement in the world is His responsiveness to halakhic practices. I analyze the Talmudic principle that "the mitzvot were not given to produce benefit" and its implications, using this analysis to support the occasionalist interpretation. The third paper examines the metaphysical nature of halakhic laws, focusing on the relationship between their general aspect and specific applications. I present two competing theses: Halakhic Generalism and Halakhic Particularism. I argue that the particularist position better justifies the halakhic principle that "no prohibition applies to prohibition" in cases of normative overdetermination. Throughout my dissertation, I argue that the halakhic concepts do not carve nature at its joints, indicating that the halakhic framework does not align with the natural divisions of the physical world. I explore this insight across the three papers, contributing to an understanding of the relationship between God, the natural world, and halakhic practice. My work aims to contribute to the field of philosophy of Halakha by applying analytical methods to traditional Jewish legal concepts. I also seek to bridge discussions in metaethics, philosophy of religion, and philosophy of law with halakhic thought, offering perspectives on longstanding questions in Jewish legal philosophy. I draw on sources including Talmudic literature, Jewish commentaries, and contemporary philosophical works. By engaging with traditional Jewish texts and modern analytical philosophy, I create an interdisciplinary approach to understanding the nature of Halakha.