Jewish Legal Theories

Author: Leora Batnitzky

Publisher: Brandeis University Press

ISBN: 9781512601350

Category: Law

Page: 300

View: 573

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.
The Unfolding Tradition

Author: Elliot N. Dorff


ISBN: UOM:39015063196300

Category: Religion

Page: 592

View: 704

The Unfolding Tradition: Jewish Law After Sinai presents different approaches to understanding how Jewish law should be interpreted and applied in our time, as articulated by leading rabbis of the Conservative movement. The book includes readings by Zacharias Frankel, Solomon Schechter, Mordecai Kaplan, Robert Gordis, Jacob Agus, Abraham Joshua Heschel, David M. Gordis, Louis Jacobs, Joel Roth, Neil Gillman, Edward Feld, Alana Suskin, Raymond Scheindlin and Gordon Tucker, as well as theorists on the right and the left of the Conservative movement. Teh book also compares Jewish and American law, and asks questions about the nature of legal systems, the relationship between law and religion, and the evolution of law.
Jewish Law Annual (Vol 7)

Author: Bernard S Jackson

Publisher: Routledge

ISBN: 9781134332458

Category: Law

Page: 433

View: 209

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.
Jewish Law Annual

Author: Bertrand Jackson

Publisher: Taylor & Francis

ISBN: 3718604663

Category: Law

Page: 322

View: 437

Non-Financial Pressures on a Husband to Grant a ""Get"" (V. NEW) -- Towards a New Regulation of the Relations between the State and Italian Jewry (D. PIATTELLI) -- German Legislation against Denying the Holocaust (E. KLINGENBERG) -- PART THREE -- Survey of Recent Literature
The Jewish Law Annual

Author: Berachyahu Lifshitz

Publisher: Routledge

ISBN: 9781136576881

Category: Social Science

Page: 270

View: 230

Volume 19 of The Jewish Law Annual is a festschrift in honor of Professor Neil S. Hecht. It contains thirteen articles, ten in English and three in Hebrew. Several articles are jurisprudential in nature, focusing on analysis of halakhic institutions and concepts. Elisha Ancselovits discusses the concept of the prosbul, asking whether it is correct to construe it as a legal fiction, as several scholars have asserted. He takes issue with this characterization of the prosbul, and with other scholarly readings of Tannaitic law in general. The concepts of dignity and shame are addressed in two very different articles, one by Nahum Rakover, and the other by Hanina Ben-Menahem. The former discusses halakhic sources pertaining to the dignity inherent in human existence, and the importance of nurturing it. The latter presents a fascinating survey of actual legal practices that contravened this haklakhic norm. Attestations of these practices are adduced not only from halakhic and semi-halakhic documents, but also from literary, historical, and ethnographic sources. Three articles tackle topical issues of considerable contemporary interest. Bernard S. Jackson comments on legal issues relating to the concept of conversion arising from the story of the biblical heroine Ruth, and compares that concept to the notion of conversion invoked by a recent English court decision on eligibility for admission to denominational schools. An article by Dov I. Frimer explores the much agonized-over question of halakhic remedies for the wife whose husband refuses to grant her a get (bill of divorce), precluding her remarriage. Frimer’s focus is the feasibility of inducing the husband to grant the get through monetary pressure, specifically, by awarding the chained wife compensatory tort damages. Tort remedies are also discussed in the third topical article, by Ronnie Warburg, on negligent misrepresentation by investment advisors. Two papers focus on theory of law. Shai Wozner explores the decision rules–conduct rules dichotomy in the Jewish law context, clarifying how analysis of which category a given law falls under enhances our understanding of the law’s intent. Daniel Sinclair explores the doctrine of normative transparency in the writings of Maimonides, the Hatam Sofer, and R. Abraham Isaac Kook, demonstrating that although transparency was universally endorsed as an ideal, some rabbinical authorities were willing to forego transparency where maintenance of the halakhic system itself was imperiled. An article by Alfredo M. Rabello reviews the primary and secondary literature on end-of-life issues, and contextualizes the much-discussed talmudic passage bAvoda Zara 18a. And an article by Chaim Saiman offers a critical survey of the main approaches to conceptualizing and teaching Jewish law in American universities; it also makes suggestions for new, and perhaps more illuminating pedagogic direction. In the Hebrew section, an intriguing article by Berachyahu Lifshitz presents a comparison of Persian and talmudic law on the status of promises and the role of the divine in their enforcement. Yuval Sinai discusses the halakhic law of evidence, particularly the well-known "two witnesses" requirement and departures from it. The volume closes with a historical article by Elimelech Westreich on the official rabbinical court in nineteenth century Jerusalem. It focuses on the rabbinical figures who served on the court, the communities for whom it adjudicated, and its role in the broader geopolitical and sociocultural context.
A History of Islamic Legal Theories

Author: Wael B. Hallaq

Publisher: Cambridge University Press

ISBN: 0521599865

Category: Law

Page: 308

View: 894

Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
The Jewish Law Annual

Author: Berachyahu Lifshitz

Publisher: Taylor & Francis

ISBN: 9057026198

Category: Social Science

Page: 308

View: 499

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.
Judging in the Islamic, Jewish and Zoroastrian Legal Traditions

Author: Janos Jany

Publisher: Routledge

ISBN: 9781317110194

Category: Law

Page: 372

View: 928

This book presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. It compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles. It thus provides a greater understanding of the real functions of religion in these legal systems, regardless of the dogmatic positions of the religions themselves. The judiciary is the focus of the study as it is the judge who is obliged to administer to legal texts while having to consider social realities being sometimes at variance with religious ethics and legal rules deriving from them. This book fills a gap in the literature examining Islamic, Jewish and Zoroastrian law and as such will open new possibilities for further studies in the field of comparative law. It will be a valuable resource for those working in the areas of comparative law, law and religion, law and society, and legal anthropology.