
In tracing the semantics of the Talmudic term for judicial discretion (shiqqul hada’at) we uncover a conceptual transformation in its usage by post-Talmudic commentators. The transformation from the equilibristic to a cognitive definition of discretion reflects a significant process in which legal reasoning was internalized. In the former meaning the judge weighs the external facts (conflicting opinions, proofs, claims, etc.), whilst in the latter the judge weighs internal considerations. The internalization of judicial discretion is best understood by acknowledging the semantic proximity of the Talmudic term to concurrent dialectics within Islamic theology and neo-Platonism.
| citations This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 0 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
