Author: Hanina Ben-Menahem
Publisher: Taylor & Francis
ISBN: 9783718605095
Category : Philosophy
Languages : en
Pages : 240
Book Description
First Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.
Judicial Deviation In Talmudic Law
Author: Hanina Ben-Menachem
Publisher: Routledge
ISBN: 1134333501
Category : Philosophy
Languages : en
Pages : 237
Book Description
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.
Publisher: Routledge
ISBN: 1134333501
Category : Philosophy
Languages : en
Pages : 237
Book Description
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.
Extra-legal Reasoning in Judicial Decisions in Talmudic Law
Author: Hanina Ben-Menahem
Publisher:
ISBN:
Category : Judicial process (Jewish law)
Languages : en
Pages : 516
Book Description
Publisher:
ISBN:
Category : Judicial process (Jewish law)
Languages : en
Pages : 516
Book Description
Talmudic Law and the Modern State
Author: Moshe Silberg
Publisher: Burning Bush Publishing Company
ISBN:
Category : Religion
Languages : en
Pages : 250
Book Description
Publisher: Burning Bush Publishing Company
ISBN:
Category : Religion
Languages : en
Pages : 250
Book Description
Narrating the Law
Author: Barry Wimpfheimer
Publisher: University of Pennsylvania Press
ISBN: 0812242998
Category : Biography & Autobiography
Languages : en
Pages : 249
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.
Publisher: University of Pennsylvania Press
ISBN: 0812242998
Category : Biography & Autobiography
Languages : en
Pages : 249
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.
Law as Religion, Religion as Law
Author: David C. Flatto
Publisher: Cambridge University Press
ISBN: 1108787983
Category : Law
Languages : en
Pages : 403
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1108787983
Category : Law
Languages : en
Pages : 403
Book Description
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
Author: Liliana Ruth Feierstein
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111062635
Category : History
Languages : en
Pages : 232
Book Description
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.
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111062635
Category : History
Languages : en
Pages : 232
Book Description
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
Author: Yifat Monnickendam
Publisher: Cambridge University Press
ISBN: 1108480322
Category : History
Languages : en
Pages : 345
Book Description
Explores marriage, sexual relations, and family law in late antique Christianity using the writings of Ephrem the Syrian.
Publisher: Cambridge University Press
ISBN: 1108480322
Category : History
Languages : en
Pages : 345
Book Description
Explores marriage, sexual relations, and family law in late antique Christianity using the writings of Ephrem the Syrian.
Equity in Jewish Law
Author: Aaron Kirschenbaum
Publisher: KTAV Publishing House, Inc.
ISBN: 9780881253269
Category : Religion
Languages : en
Pages : 316
Book Description
Publisher: KTAV Publishing House, Inc.
ISBN: 9780881253269
Category : Religion
Languages : en
Pages : 316
Book Description
Conversion to Judaism in Jewish Law
Author: Walter Jacob
Publisher: Berghahn Books
ISBN: 9780929699059
Category : Conversion
Languages : en
Pages : 230
Book Description
This essays explore conversion to Judaism and the issues connected with it in the late twentieth century
Publisher: Berghahn Books
ISBN: 9780929699059
Category : Conversion
Languages : en
Pages : 230
Book Description
This essays explore conversion to Judaism and the issues connected with it in the late twentieth century
Just Wars, Holy Wars, and Jihads
Author: Sohail H. Hashmi
Publisher: Oxford University Press
ISBN: 0199920826
Category : Religion
Languages : en
Pages : 456
Book Description
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.
Publisher: Oxford University Press
ISBN: 0199920826
Category : Religion
Languages : en
Pages : 456
Book Description
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.