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Judicial Deviation In Talmudic Law by Hanina Ben-Menachem Pdf
First Published in 1990. With the publication of this book, the author inaugurates a new series at the Institute of Jewish Law. In recent years there has been a growing interest in Jewish law in American law schools. In turn, this casts an obligation on those involved in Jewish law to make available in the English language publications which focus on contemporary issues and their analysis in traditional Jewish sources. Jewish Law in Context will attempt to do precisely this by presenting Jewish law in its own context as well as in the context of our milieu. This is Volume I.
Author : Benjamin Porat,David C. Flatto Publisher : Taylor & Francis Page : 283 pages File Size : 54,9 Mb Release : 2023-12-11 Category : Law ISBN : 9781317200406
The Jewish Law Annual Volume 22 by Benjamin Porat,David C. Flatto Pdf
Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.
A diverse collection of scholarly articles on a variety of topics related to Jewish law. Among the ten articles are two different analyses of the married woman's rights with respect to use of marital property; a study of the principles used by Maimonides in enumerating the precepts; two articles on the question of whether halakhic inferences can be drawn from the interchangeable use of synonymous terms in the Talmud; and a bibliography of the writings of the Boaz Cohen. The chronicle section contains a study of developments pertaining to the litigation surrounding the Kiryas Joel school district and the separation of church and state. The last section of the volume surveys recent literature on biblical and Jewish law.
Extra-Legal Power and Legitimacy by Clement Fatovic,Benjamin A. Kleinerman Pdf
In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with how governments have yielded extra-legal powers in times of emergency.
Windows onto Jewish Legal Culture by Hanina Ben-Menahem,Arye Edrei,Neil S. Hecht Pdf
This book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.
The Legal Methodology of Late Nehardean Sages in Sasanian Babylonia by Barak S. Cohen Pdf
Drawing on the scholasticism of the Late Nehardean amoraim, this book offers a comprehensive analysis of their halakhic/legal methodology, identity and dating. This analysis contributes to the scientific approach of the Bavli, and allows a better understanding of the development of Jewish Law.
Mapping the Legal Boundaries of Belonging by René Provost Pdf
Provost argues that the intersection between religion, nationalism, and other vectors of difference in both Canada and Israel offers a revealing laboratory in which to examine multiculturalism in particular and the governance of diversity in general. For several decades, 'culture' played a central role in challenging the liberal tradition. More recently, religion seems to have re-emerged as the new central challenge facing Western liberal societies' conception of multiculturalism.
The Institute of Jewish Law, Boston University of Law
Author : The Institute of Jewish Law, Boston University of Law Publisher : Routledge Page : 614 pages File Size : 41,6 Mb Release : 2003-12-08 Category : Law ISBN : 9781134392452
The Jewish Law Annual Volume 14 by The Institute of Jewish Law, Boston University of Law Pdf
The volume contains ten articles, including a penetrating analysis of the application of Jewish price fraud law to the workings of the present-day marketplace. Diverse in their scope and focus, the articles address legal, historical, textual, comparative and conceptual questions. The volume concludes with a survey of recent literature on biblical and Jewish law, and a chronicle section, which discusses recent Israeli and American court cases involving issues where Jewish law is of particular relevance, thereby making the Annual a journal of record.
Alliance Professor of Modern Jewish Studies Bernard S Jackson
Author : Alliance Professor of Modern Jewish Studies Bernard S Jackson Publisher : Taylor & Francis Page : 314 pages File Size : 50,9 Mb Release : 1988 Category : Law ISBN : 3718604809
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.
Law and Self-Knowledge in the Talmud by Ayelet Hoffmann Libson Pdf
Highlights the emergence of self-knowledge in rabbinic literature, showing how Babylonian rabbis relied on knowledge accessible only to the individual to determine the law.
Author : H. Patrick Glenn Publisher : Oxford University Press, USA Page : 451 pages File Size : 44,9 Mb Release : 2014 Category : Law ISBN : 9780199669837
Legal Traditions of the World by H. Patrick Glenn Pdf
Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, Islamic law, common law, Hindu law and Confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflict in character and compatible with new and inclusive forms of logic.
The articles in this volume were originally published in Hebrew in Shenaton Hamishpat Haivri and address Jewish law, both in its own context and in the context of contemporary jurisprudence. Contributions range from discussion of the rabbincal court to the doctrine of binding precedent, and from the basis of judicial authority to the legal defence of ignorance of the law.
Windows onto Jewish Legal Culture Volume 2 by Hanina Ben-Menahem,Arye Edrei,Neil S. Hecht Pdf
This book opens windows onto Jewish legal culture, by offering fourteen exploratory essays, each of which focuses on an aspect of Jewish law, broadly understood. Each chapter is a self-contained journey, as it were, into a feature of the Jewish legal landscape. In other words, rather than taking a structural approach, and attempting to neatly circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, without seeking to fit them into a single structure. Given this approach, readers have a number of options: they can focus on those chapters of particular interest to them; read the chapters in whatever order appeals to them; or go through the chapters in order. Reading even a handful of chapters should provide the reader with a good sense of the mind-set characteristic of Jewish legal thinking. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, extra-judicial decisions taken by judges and communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. The book gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Windows onto Jewish Legal Culture is divided into five sections. The opening section presents two distinguishing features of Jewish legal culture, namely, its toleration and even encouragement of controversy, and its preference for formalistic formulations. These features are often misunderstood, and been subjected to severe critique. Indeed, Jewish legal culture is often parodied as nit-picking, hair-splitting, argument for the sake of argument. Exploring Jewish legal culture’s partiality to controversy and formalism in its proper context, however, yields a very different picture. The second section, "Law and Ethics," gives readers a first-hand look at the way Jewish legal culture relates to three moral issues of importance to any society: equity, charity, and euthanasia. The third section focuses on the judicial process, a central topic in the general analysis of law, and even more so in Jewish law, where the judicial branch takes precedence over the legislative. The fourth section addresses questions pertaining to the role of the individual in the administration of justice—self help, and the individual’s obligation to defend himself and others against a pursuer. The closing section is devoted to private law, exploring the interface between Jewish legal culture and free market competition, unjust enrichment, agency, and labor law. This book will appeal to students at the advanced level, scholars, and interested laypeople; the primary target audience is academic. It is suitable for use as a textbook.
