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College of Law Faculty

2012

Women

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The Cultural Analysis Paradigm: Women And Synagogue Ritual, Roberta Kwall Feb 2012

The Cultural Analysis Paradigm: Women And Synagogue Ritual, Roberta Kwall

College of Law Faculty

This Article develops an original cultural analysis paradigm with significant implications for understanding the relationship between law and culture. It also illustrates how this relationship should inform the normative application of areas of law in which tensions exist between modern sensibilities and traditional practices steeped in cultural perspectives form other times. Indeed, the negotiation between preservation and change confronts all ancient cultural traditions in modernity. The specific application invoked in this Article concerns the issue of women being called to read publicly from the Torah, a subject of serious academic debate among observant Jews. The analysis demonstrates that the virtually …