Jewish Law and American Law, Volume 1 PDF Download
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Author: Samuel J. Levine
Publisher: Academic Studies PRess
ISBN: 1644695634
Category : Law
Languages : en
Pages : 529
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Book Description
This volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system. Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.
Author: Samuel J. Levine
Publisher: Academic Studies PRess
ISBN: 1644695634
Category : Law
Languages : en
Pages : 529
Get Book Here
Book Description
This volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system. Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.
Author: H. Patrick Glenn
Publisher: Oxford University Press, USA
ISBN: 019966983X
Category : Law
Languages : en
Pages : 451
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Book Description
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.
Author: Ari Mermelstein
Publisher: Quid Pro Books
ISBN: 1610272285
Category : Law
Languages : en
Pages : 337
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Book Description
Jews are a people of law, and law defines who the Jewish people are and what they believe. This anthology engages with the growing complexity of what it is to be Jewish — and, more problematically, what it means to be at once Jewish and participate in secular legal systems as lawyers, judges, legal thinkers, civil rights advocates, and teachers. The essays in this book trace the history and chart the sociology of the Jewish legal profession over time, revealing new stories and dimensions of this significant aspect of the American Jewish experience and at the same time exploring the impact of Jewish lawyers and law firms on American legal practice. “This superb collection reveals what an older focus on assimilation obscured. Jewish lawyers wanted to ‘make it,’ but they also wanted to make law and the legal profession different and better. These fascinating essays show how, despite considerable obstacles, they succeeded.” — Daniel R. Ernst Professor of Law, Georgetown University Law Center Author of Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940 “This fascinating collection of essays by distinguished scholars illuminates the distinctive and intricate relationship between Jews and law. Exploring the various roles of Jewish lawyers in the United States, Germany, and Israel, they reveal how the practice of law has variously expressed, reinforced, or muted Jewish identity as lawyers demonstrated their commitments to the public interest, social justice, Jewish tradition, or personal ambition. Any student of law, lawyers, or Jewish values will be engaged by the questions asked and answered.” — Jerold S. Auerbach Professor Emeritus of History, Wellesley College Author of Unequal Justice and Rabbis and Lawyers
Author: Ari Mermelstein
Publisher: BRILL
ISBN: 9004281657
Category : Religion
Languages : en
Pages : 228
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Book Description
This study examines the relationship between time and history in Second Temple literature. Numerous sources from that period express a belief that Jewish history began with an act of covenant formation and proceeded in linear fashion until the exile, an unprecedented event which severed the present from the past. The authors of Ben Sira, Jubilees, the Animal Apocalypse, and 4 Ezra responded to this theological challenge by claiming instead that Jewish history began at creation. Between creation and redemption, history unfolds as a series of static, repeating patterns that simultaneously account for the disappointments of the Second Temple period and confirm the eternal nature of the covenant. As iterations of timeless, cyclical patterns, the difficult post-exilic present and the glorious redemption of the future emerge as familiar, unremarkable, and inevitable historical developments.
Author: Elliot N. Dorff
Publisher: State University of New York Press
ISBN: 1438401426
Category : History
Languages : en
Pages : 621
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Book Description
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.
Author: Barry Scott Wimpfheimer
Publisher: University of Pennsylvania Press
ISBN: 0812205944
Category : Religion
Languages : en
Pages : 248
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Book Description
In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.
Author: Leonard Jay Greenspoon
Publisher: Purdue University Press
ISBN: 1557538336
Category : History
Languages : en
Pages : 272
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Book Description
As government by the people, democracy has always had its proponents as well as opponents. What forms of government have Jewish leaders, both with and without actual political power, favored? Not surprisingly, many options have been offered theoretically and in practice. Perhaps more surprisingly, democracy has been at the heart of most systems of governance. Biblical Israel was largely a monarchy, but many writers of the Bible were critical of the excesses that almost always arise when human kings take charge: the general populace loses its freedom. In rabbinic Judaism, the majority ruled, and many principles that support modern democratic institutions have their basis in interpretations offered by the classical rabbis. This is true even though rabbinic Jews did not govern democratically. When Jews did have some degree of self-governance, democratic principles and institutions were often upheld. At the same time, so most communal leaders insisted, God--the ultimate judge--ultimately judges everything and everyone. Modern Israel provides the first instance of an independent Jewish nation since the Hasmonean monarchy of the second and first centuries BCE. On an almost daily basis, common features uniting democracy and Judaism, as well as flash point of controversy, are highlighted there. The fourteen scholars whose work is collected here are mindful of all of these circumstances--and many more. In a style that is accessible, clear, and balanced, they allow readers to assess these issues based on the most current thinking. This volume is required reading for anyone interested in how religion and politics have interacted, and continue to interact, in Judaism and among Jews.
Author: Barry Wimpfheimer
Publisher: University of Pennsylvania Press
ISBN: 0812242998
Category : Biography & Autobiography
Languages : en
Pages : 249
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Book Description
In Narrating the Law Barry Scott Wimpfheimer creates a new theoretical framework for considering the relationship between law and narrative and models a new method for studying talmudic law in particular. Works of law, including the Talmud, are animated by a desire to create clear usable precedent. This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several "languages," along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.
Author: Christine Hayes
Publisher: Cambridge University Press
ISBN: 1107036151
Category : Law
Languages : en
Pages : 439
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Book Description
The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.
Author: Robert F. Cochran
Publisher: NYU Press
ISBN: 0814716733
Category : Law
Languages : en
Pages : 311
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Book Description
The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law. In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.
