Forms and Functions of Legal Discourse Intertextuality in Works of Jewish and Islamic Law and Literature – Quotations, Allusions, References, and Plagiarism

Intertextuality is essential in all branches of Jewish law, including the responsa literature. Since the era of the Rishonim (legal experts between the 11th and 16th century) local Jewish legal experts who had to justify their answers and to convince addressees to accept the answers had been writing responsa. In order to achieve their goal, respondents had been citing former rulings in Jewish law constantly. But did the form and the sources of quotations change in the time of radical changes due to emancipation, secularisation, and Reform-movement-innovations and if so, how? In order to get closer to answering this question, I intend to present the form, functions and sources of quotations and allusions found in David Zvi Hoffman’s responsa, during his time one of the greatest halachic authorities in German Orthodox Jewry. I want to show how Hoffmann stages himself as a general, well-educated scholar by quoting academic papers, encyclopaedias or dictionaries as well. Admittedly, Hoffmann predominantly cites Jewish legal texts, but his recourse on sources outside the realm of Jewish law is striking. Besides, I intend to present which role quotations and allusions play in David Zvi Hoffmann’s line of argumentation and how they contribute to persuade the reader of the answer. Additionally, I want to elaborate if Hoffmann integrates quotations in the line of argumentation differently when he cites earlier or later scholars/legal texts. Last but not least, I intend to present how Hoffmann stages his own authority by mentioning merely some legal writings without dwelling on the content.