Halakhic Realism

Yair Lorberbaum’s “Halakhic Realism” offers a conceptual, phenomenological, and methodological framework for the analysis and discussion of “halakhic realism.” He notes the profound differences between halakhic realism, on the one hand, and ethical realism and natural law, on the other. This comparative discussion helps to identify the salient characteristics of halakhic realism in its varied appearances throughout the history of halakhah. Lorberbaum suggests that the understanding prevalent in scholarship of the opposition “halakhic realism”/“halakhic nominalism” should be revised, and he offers a broader definition that encompasses a wide range of aspects of ontology within halakhah. As against the common definition that halakhic nominalism denotes halakhot whose source lies in God’s will, a more useful and productive definition of halakhic non-realism is the perception of halakhic rules as based upon values and moral, social, educational, and spiritual goals. He also cautions that there must be careful attention paid to the distinction between realistic-descriptive language and a realistic-ontological approach.