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Author: Hanina Ben-Menahem
Publisher: Routledge
ISBN: 113647997X
Category : Law
Languages : en
Pages : 700
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Book Description
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.
Author: Hanina Ben-Menahem
Publisher: Routledge
ISBN: 113647997X
Category : Law
Languages : en
Pages : 700
Get Book Here
Book Description
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.
Author: Hanina Ben-Menahem
Publisher: Routledge
ISBN: 1000319865
Category : Law
Languages : en
Pages : 395
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Book Description
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.
Author: Hanina Ben-Menahem
Publisher: Routledge
ISBN: 1136479988
Category : Law
Languages : en
Pages : 699
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Book Description
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.
Author: Arye Edrei
Publisher: Routledge
ISBN: 9781032922027
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Ehud Krinis
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110702320
Category : Religion
Languages : en
Pages : 417
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Book Description
In his academic career, that by now spans six decades, Daniel J. Lasker distinguished himself by the wide range of his scholarly interests. In the field of Jewish theology and philosophy he contributed significantly to the study of Rabbinic as well as Karaite authors. In the field of Jewish polemics his studies explore Judeo-Arabic and Hebrew texts, analyzing them in the context of their Christian and Muslim backgrounds. His contributions refer to a wide variety of authors who lived from the 9th century to the 18th century and beyond, in the Muslim East, in Muslin and Christian parts of the Mediterranean Sea, and in west and east Europe. This Festschrift for Daniel J. Lasker consists of four parts. The first highlights his academic career and scholarly achievements. In the three other parts, colleagues and students of Daniel J. Lasker offer their own findings and insights in topics strongly connected to his studies, namely, intersections of Jewish theology and Biblical exegesis with the Islamic and Christian cultures, as well as Jewish-Muslim and Jewish-Christian relations. Thus, this wide-scoped and rich volume offers significant contributions to a variety of topics in Jewish Studies.
Author: Berachyahu Lifshitz
Publisher: Routledge
ISBN: 1136013768
Category : Law
Languages : en
Pages : 358
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Book Description
Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three ‘methodological’ articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner’s article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction. Two articles discuss contemporary dilemmas. Spira & Wainberg consider the hypothetical scenario of triage of an HIV vaccine, analyzing both the talmudic sources for resolving issues related to allocating scarce resources, and recent responsa. Warburg discusses the status of civil marriage and cohabitation vis-à-vis payment of spousal maintenance: can rabbinical courts order such payment? Schreiber’s article addresses the question of whether privacy is a core value in talmudic law: does it indeed uphold a ‘right to privacy,’ as recent scholars have claimed? The volume concludes with a review of Yuval Sinai’s Application of Jewish Law in the Israeli Courts (Hebrew).
Author: Benjamin Porat
Publisher: Routledge
ISBN: 1317291662
Category : Law
Languages : en
Pages : 349
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Book Description
Volume 21 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1- 20 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law.
Author: David Bruce
Publisher: Lulu.com
ISBN: 1329991966
Category : Fiction
Languages : en
Pages : 154
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Book Description
Timon of Athens has a problem. He has been immensely wealthy, and immensely generous, but some of his debts are due, and he has no money. But he is positive that his friends, to whom he has been immensely generous, will be just as generous to him. His steward, Flavius, is not so positive that these friends of Timon will be generous.
Author: Claus Kreß
Publisher: Cambridge University Press
ISBN: 1108107494
Category : Law
Languages : en
Pages :
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Book Description
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Author: Aryeh Amihay
Publisher: Oxford University Press
ISBN: 0190631015
Category : History
Languages : en
Pages : 257
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Book Description
This book offers a novel approach for the study of law in the Judean Desert Scrolls, using the prism of legal theory. Following a couple of decades of scholarly consensus withdrawing from the "Essene hypothesis," it proposes to revive the term, and suggests employing it for the sectarian movement as a whole, while considering the group that lived in Qumran as the Yahad. It further proposes a new suggestion for the emergence of the Yahad, based on the roles of the Examiner and the Instructor in the two major legal codes, the Damascus Document and the Community Rule. The understanding of Essene law is divided into concepts and practices, in order to emphasize the discrepancy between creed, rhetoric, and practices. The abstract exploration of notions such as time, space, obligation, intention, and retribution, is then compared against the realities of social practices, including admission, initiation, covenant, leadership, reproof, and punishment. The legal analysis yields several new suggestions for the study of the scrolls: first, Amihay proposes to rename the two strands of thought of Jewish law, formerly referred to as "nominalism" and "realism," with the terms "legal essentialism" and "legal formalism." The two laws of admission in the Community Rule are distinguished as two different laws, one of an association for a group as a whole, the other as an admission of an individual. The law of reproof is proven to be an independent legal procedure, rather than a preliminary stage of prosecution. The methodological division in this study of thought and practice provides a nuanced approach for the study of law in general, and religious law in particular.
