Abstract
Rabbinic law has a curious characteristic: its own mythic narrative portrays it in a state of radical self-disempowerment. Although rabbinic law lays claim to divine authority, it also considers itself to be in a state of systemic institutional weakness, the result of the exilic condition. According to this mythos, the Sanhedrin, and indeed the entire (presumably imagined) hierarchy of ancient courts no longer exists. To avoid confusion, Kaye emphasizes the fact that he is referring here to a mythic narrative, rather than the question of whether rabbinic law has actual power, however that may be defined. The practical extent of rabbinical power varied according to historical circumstances and depended on the relationship between rabbis and the rest of the Jewish community, between Jews and non-Jews, as well as a host of social, political, economic, and other factors. At issue here are the constraints internal to the halakhic discourse, those that rabbis themselves placed upon their own legal authority.