Judicial Deviation in Talmudic Law

Judicial Deviation in Talmudic Law
Author: Hanina Ben-Menahem
Publisher: Taylor & Francis
Total Pages: 240
Release: 1991
Genre: Philosophy
ISBN: 9783718605095

First Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.

Judicial Deviation In Talmudic Law

Judicial Deviation In Talmudic Law
Author: Hanina Ben-Menachem
Publisher: Routledge
Total Pages: 237
Release: 2021-12-16
Genre: Philosophy
ISBN: 1134333501

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.

Law as Religion, Religion as Law

Law as Religion, Religion as Law
Author: David C. Flatto
Publisher: Cambridge University Press
Total Pages: 403
Release: 2022-08-25
Genre: Law
ISBN: 1108787983

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.

Diaspora and Law

Diaspora and Law
Author: Liliana Ruth Feierstein
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 232
Release: 2023-09-18
Genre: History
ISBN: 3111062635

Today, law is no longer homogenous or unquestioned. Different overlapping legal systems constantly interfere with one another, both on an international level, in complex transnational contexts such as the European Union or human rights law, but also in the context of cultural diversity or conflicts between religious norms and civil institutions, between minorities and the power of the state. On the other hand, the neutrality of law is also under growing pressure, be it from different global transnational players, or from within nation states where calls are made to adapt law to the will of "the people." The heated European debate on the "refugee crisis" has made it manifest that law is more necessary than ever and yet fundamentally contested, perhaps even caught in contradictions and self-limitations. At the same time, the current perspective on legal problems allows us to address issues of diversity and the role of Europe in the globalized world more clearly. The articles of this book take these recent developments and debates as a starting point to discuss from the perspective of different disciplines the pressing question of how to live together in the new millennium and how to figure the long history of law before, besides, and after the dominant paradigm of state law.

Jewish Law and Early Christian Identity

Jewish Law and Early Christian Identity
Author: Yifat Monnickendam
Publisher: Cambridge University Press
Total Pages: 345
Release: 2020-01-09
Genre: History
ISBN: 1108480322

Explores marriage, sexual relations, and family law in late antique Christianity using the writings of Ephrem the Syrian.

Equity in Jewish Law

Equity in Jewish Law
Author: Aaron Kirschenbaum
Publisher: KTAV Publishing House, Inc.
Total Pages: 316
Release: 1991
Genre: Religion
ISBN: 9780881253269

Conversion to Judaism in Jewish Law

Conversion to Judaism in Jewish Law
Author: Walter Jacob
Publisher: Berghahn Books
Total Pages: 230
Release: 1994
Genre: Conversion
ISBN: 9780929699059

This essays explore conversion to Judaism and the issues connected with it in the late twentieth century

Just Wars, Holy Wars, and Jihads

Just Wars, Holy Wars, and Jihads
Author: Sohail H. Hashmi
Publisher: Oxford University Press
Total Pages: 456
Release: 2012-07-03
Genre: Religion
ISBN: 0199920826

Surveying the period from the rise of Islam in the early seventh century to the present day, Just Wars, Holy Wars, and Jihads is the first book to investigate in depth the historical interaction among Jewish, Christian, and Muslim ideas about when the use of force is justified. Grouped under the three labels of just war, holy war, and jihad, these ideas are explored throughout twenty chapters that cover wide-ranging topics from the impact of the early Islamic conquests upon Byzantine, Syriac, and Muslim thinking on justified war to analyzing the impact of international law and terrorism on conceptions of just war and jihad in the modern day. This study serves as a major contribution to the comparative study of the ethics of war and peace.

The Jewish Law Annual Volume 19

The Jewish Law Annual Volume 19
Author: Berachyahu Lifshitz
Publisher: Routledge
Total Pages: 387
Release: 2013-07-04
Genre: Social Science
ISBN: 1136576878

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.

Trial Stories in Jewish Antiquity

Trial Stories in Jewish Antiquity
Author: Chaya T. Halberstam
Publisher: Oxford University Press
Total Pages: 266
Release: 2024-05-21
Genre: Religion
ISBN: 0192634429

What can early Jewish courtroom narratives tell us about the capacity and limits of human justice? By exploring how judges and the act of judging are depicted in these narratives, Trial Stories in Jewish Antiquity: Counternarratives of Justice challenges the prevailing notion, both then and now, of the ideal impartial judge. As a work of intellectual history, the book also contributes to contemporary debates about the role of legal decision-making in shaping a just society. Chaya T. Halberstam shows that instead of modelling a system in which lofty, inaccessible judges follow objective and rational rules, ancient Jewish trial narratives depict a legal practice dependent upon the individual judge's personal relationships, reactive emotions, and impulse to care. Drawing from affect theory and feminist legal thought, Halberstam offers original readings of some of the most famous trials in ancient Jewish writings alongside minor case stories in Josephus and rabbinic literature. She shows both the consistency of a counter-tradition that sees legal practice as contingent upon relationship and emotion, and the specific ways in which that perspective was manifest in changing times and contexts.