The Myth of Formalism: (Mis)Readings of Jewish Law from Paul to the Present

Abstract

A pervasive myth, rooted in the Pauline critique of Judaism, but internalized by Western thought and perpetuated up to the present - in some cases even by Jewish expositors - contends that Jewish law is formalistic. The Apostle Paul portrayed the talmudic judge as pedantic and legalistic, focused on the letter of the written law rather than its divine spirit. The myth takes Jewish law to be mechanical, rule-governed, and oblivious to the personal and moral dimensions of the matters being adjudicated.

This paper deflates the myth of formalism, showing that Jewish law is inherently flexible, context-dependent, and self-transcending. It surveys the core features of Jewish law, demonstrating that they give rise to a model of judicial activity that is, by design, individualistic, dynamic, and sensitive both to pragmatic contingencies and moral dilemmas. It shows that, due to these core features, Jewish law, far from the cold, positivistic apparatus it is alleged to be, is a holistic, organic entity that reflects the personalities and diverse jurisprudential approaches of those who create and administer it.

Keywords: St. Paul, Pauline, talmudic law, Jewish law, formalism, halakha