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Jewish Law as Rebellion by Nathan Lopes Cardozo Pdf
Jewish Law as Rebellion is unconventional and controversial in its approach to the world of Jewish Law and its response to religious crises. The book delves into the contemporary application and development of halacha and pointedly protests many accepted methods and ideals, offering new solutions to existing halachic dilemmas. Rabbi Cardozo discusses hot topics such as same-sex marriage, conversion, and religion in the State of Israel and presents a critical analysis and explanation of the application of halacha.
Jewish Law Annual (Vol 7) by Bernard S Jackson Pdf
First Published in 1988. The Annual is published under the auspices of The Institute of Jewish Law, Boston University School of Law, in conjunction with the Oxford Centre for Postgraduate Hebrew Studies and the International Association of Jewish Lawyers and Jurists. This volume concludes the symposium on the philosophy of Jewish law which started in Volume 6. It concludes with a response by the late Julius Stone to most of the preceding articles. This edition looks at natural law and Judaism, Halakhah and the Covenant; Jewish attitudes towards the taking of human life; mortality; and a study of Solomon Freehof.
Judaism and Human Rights by Milton Ridvas Konvitz Pdf
Areligion or a culture like Judaism, at least three thousand years old, cannot be expected to be all of one piece, homogeneous, self-contained, consistent, a neatly constructed system of ideas. If Judaism were that, it would have died centuries ago and would be a subject of interest only to the historian and archaeologist. Judaism has been a living force precisely because it is a teeming, thundering, and clamoring phenomenon, full of contrary tendencies and inconsistencies. Although there are no words or phrases in Hebrew Scriptures for "human rights," "conscience," or "due process of law," the ideals and values which these concepts represent were inherent in the earliest Jewish texts. This volume begins with four essays on the concept of man's being born "free and equal," in the image of God. The underpinning of this concept in Jewish law is explored in Section 2, entitled "The Rule of Law." Section 3, "The Democratic Ideal," traces the foundations of democracy in the Jewish teachings in the Bible and the Talmud, which in turn influenced the whole body of Western political thought. Relations between man and man, man and woman, employer and employee, slave and master are all spelled out. Section 4 presents essays analyzing man's freedom of conscience, and his God-given rights to dissent and protest. Section 5 deals with aspects of personal liberty, including the right of privacy. Section 6, entitled "The Earth is the Lord's," deals with the Jewish view of man's transient tenancy on God's earth, his obligations not to destroy anything that lives or grows, and to share the earth's bounty with the poor, the widowed, and the orphaned. Section 7 delivers an analysis of the "end of days" vision of Micah and man's continuing need to strive for peace and not for war. The volume concludes with three new essays, dealing with contemporary issues: "In God's Image: The Religious Imperative of Equality under Law"; "The Values of a Jewish and Democratic State: The Task of Reaching a Synthesis"; and "Religious Freedom and Religious Coercion in the State of Israel." This enlarged edition is accessibly written for a general and scholarly audience and will be of particular interest to political scientists, historians, and constitutional scholars.
Jewish Legal Theories by Leora Batnitzky,Yonatan Brafman Pdf
Contemporary arguments about Jewish law uniquely reflect both the story of Jewish modernity and a crucial premise of modern conceptions of law generally: the claim of autonomy for the intellectual subject and practical sphere of the law. Jewish Legal Theories collects representative modern Jewish writings on law and provides short commentaries and annotations on these writings that situate them within Jewish thought and history, as well as within modern legal theory. The topics addressed by these documents include Jewish legal theory from the modern nation-state to its adumbration in the forms of Orthodox, Conservative, and Reform Judaism in the German-Jewish context; the development of Jewish legal philosophy in Eastern Europe beginning in the eighteenth century; Ultra-Orthodox views of Jewish law premised on the rejection of the modern nation-state; the role of Jewish law in Israel; and contemporary feminist legal theory.
Author : Elliot N. Dorff,Arthur Rossett Publisher : State University of New York Press Page : 621 pages File Size : 48,9 Mb Release : 2012-02-01 Category : History ISBN : 9781438401423
A Living Tree by Elliot N. Dorff,Arthur Rossett Pdf
This book examines biblical and rabbinic law as a coherent, continuing legal tradition. It explains the relationship between religion and law and the interaction between law and morality. Abundant selections from primary Jewish sources, many newly translated, enable the reader to address the tradition directly as a living body of law with emphasis on the concerns that are primary for lawyers, legislators, and judges. Through an in-depth examination of personal injury law and marriage and divorce law, the book explores jurisprudential issues important for any legal system and displays the primary characteristics of Jewish law. A Living Tree will be of special interest to students of law and to Jews curious about the legal dimensions of their tradition. The authors provide sufficient explanations of the sources and their significance to make it unnecessary for the reader to have a background in either Jewish studies or law.
An introduction to halachah featuring selections from the basic sources--halachic midrashim Mishnah Jerusalem and Babylonian talmuds the Codes and the responsa--translated and interpreted for today's student.
Jewish and Israeli Law - An Introduction by Shimon Shetreet,Walter Homolka Pdf
This book instructively introduces the reader to the basics of Jewish law. It gives a detailed, cutting-edge analysis of contemporary public and private law in the State of Israel, as well as Israel’s legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality.
Volume 15 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-14 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains six articles diverse in their scope and focus, encompassing legal, historical, textual, comparative and conceptual analysis, as well as a survey of recent literature and a chronicle of cases of interest. Among the topics covered are: lying in rabbinical court proceedings; unjust enrichment; can a witness serve as judge in the same case?; Caro's Shulham Arukh volume Maimonides' Mishne Torah in the Yemenite community, the New Jersey eruv wards.
The Invention of Jewish Theocracy by Alexander Kaye Pdf
The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of politics and society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis. Understanding this idea is a priority for scholars of Israel and for anyone with an interest in its future. The Invention of Jewish Theocracy is the first book in any language to trace the origins of the idea, to track its development, and to explain its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflict, and the long-term consequences of European imperialism. The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court records, and lesser-known published works. It explains why the idea of the halakhic state emerged when it did, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking cultural conflict that has severely shaken Israeli society. The book's historical analysis gives rise to two wide-reaching insights. First, it argues that religious politics in Israel can be understood only within the context of the largely secular history of European nationalism and not, as is commonly argued, as an anomalous exception to it. It shows how even religious Jews most opposed to modern political thought nevertheless absorbed the fundamental assumptions of modern European political thought and reread their own religious traditions onto that model. Second, it demonstrates that religious-secular tensions are built into the intellectual foundations of Israel rather than being the outcome of major events like the 1967 War. These insights have significant ramifications for the understanding of the modern state. In particular, the account of the blurring of the categories of "secular" and "religious" illustrated in the book are relevant to all studies of modern history and to scholars of the intersection of religion and human rights