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Author: Menachem Elon
Publisher: LexisNexis/Matthew Bender
ISBN: 9780820540931
Category : Droit - Israël - Influence juive
Languages : en
Pages : 0
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Book Description
The first and only casebook on the subject in English, Jewish Law provides insight into a legal system with a long and rich tradition, addressing issues that are relevant today in American law. Its primary focus is on the legal aspects of Jewish law, with emphasis on its historical development. The quoted materials originate from a wide variety of sources, from the Torah and rabbinic responsa, to modern authorities and court opinions written by Justice Elon while serving as a Justice and Deputy President of the Supreme Court of Israel. Jewish Law encompasses a broad spectrum of subjects, and in sufficient depth that professors can adapt the materials to their individual teaching methods. By combining jurisprudence, comparative law, and practical law in one clear and concise text, this casebook provides background and perspective for students as well as practitioners. It contrasts the treatment of various topics in Jewish law with the approaches taken by other legal systems, such as American, English, and modern Israeli, thereby offering new insights. The translations from Hebrew to English preserve the original flavor of the Hebrew text. Justice Elon is a legendary figure in Jewish law. He founded and headed the Institute for Research in Jewish Law at the Hebrew University. He was consulted by the Israeli legislature regarding Jewish law issues during the codification of Israeli Civil Law and served as a member of legislative committees. His three-volume treatise, Jewish Law: Ha-Mishpat Ha-Ivri, has become a classic work on the subject in Israel. As a law professor for over 30 years and an ordained rabbi, Justice Elon brings his teaching expertise to this text. His co-authors are also noted and distinguished legal scholars and practitioners, and were the translators of Justice Elon's treatise, Jewish Law (Ha-Mishpat Ha-Ivri), into English.
Author: Menachem Elon
Publisher: LexisNexis/Matthew Bender
ISBN: 9780820540931
Category : Droit - Israël - Influence juive
Languages : en
Pages : 0
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Book Description
The first and only casebook on the subject in English, Jewish Law provides insight into a legal system with a long and rich tradition, addressing issues that are relevant today in American law. Its primary focus is on the legal aspects of Jewish law, with emphasis on its historical development. The quoted materials originate from a wide variety of sources, from the Torah and rabbinic responsa, to modern authorities and court opinions written by Justice Elon while serving as a Justice and Deputy President of the Supreme Court of Israel. Jewish Law encompasses a broad spectrum of subjects, and in sufficient depth that professors can adapt the materials to their individual teaching methods. By combining jurisprudence, comparative law, and practical law in one clear and concise text, this casebook provides background and perspective for students as well as practitioners. It contrasts the treatment of various topics in Jewish law with the approaches taken by other legal systems, such as American, English, and modern Israeli, thereby offering new insights. The translations from Hebrew to English preserve the original flavor of the Hebrew text. Justice Elon is a legendary figure in Jewish law. He founded and headed the Institute for Research in Jewish Law at the Hebrew University. He was consulted by the Israeli legislature regarding Jewish law issues during the codification of Israeli Civil Law and served as a member of legislative committees. His three-volume treatise, Jewish Law: Ha-Mishpat Ha-Ivri, has become a classic work on the subject in Israel. As a law professor for over 30 years and an ordained rabbi, Justice Elon brings his teaching expertise to this text. His co-authors are also noted and distinguished legal scholars and practitioners, and were the translators of Justice Elon's treatise, Jewish Law (Ha-Mishpat Ha-Ivri), into English.
Author: Bernard S. Jackson
Publisher: BRILL
ISBN: 9004669396
Category : Religion
Languages : en
Pages : 165
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Book Description
Author: Menachem Elon
Publisher: Jewish Publication Society of America
ISBN:
Category : Religion
Languages : en
Pages : 584
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Book Description
Author: Leora Batnitzky
Publisher: Brandeis University Press
ISBN: 1584657448
Category : Law
Languages : en
Pages : 300
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Book Description
Anthology of writings about Jewish law in the modern world
Author: Alexander Kaye
Publisher: Oxford University Press, USA
ISBN: 0190922745
Category : History
Languages : en
Pages : 281
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Book Description
"This book is about the attempt of Orthodox Jewish Zionists to implement traditional Jewish law (halakha) as the law of the State of Israel. These religious Zionists began their quest for a halakhic sate immediately after Israel's establishment in 1948 and competed for legal supremacy with the majority of Israeli Jews who wanted Israel to be a secular democracy. Although Israel never became a halachic state, the conflict over legal authority became the backdrop for a pervasive culture war, whose consequences are felt throughout Israeli society until today. The book traces the origins of the legal ideology of religious Zionists and shows how it emerged in the middle of the twentieth century. It further shows that the ideology, far from being endemic to Jewish religious tradition as its proponents claim, is a version of modern European jurisprudence, in which a centralized state asserts total control over the legal hierarchy within its borders. The book shows how the adoption (conscious or not) of modern jurisprudence has shaped religious attitudes to many aspects of Israeli society and politics, created an ongoing antagonism with the state's civil courts, and led to the creation of a new and increasingly powerful state rabbinate. This account is placed into wider conversations about the place of religion in democracies and the fate of secularism in the modern world. It concludes with suggestions about how a better knowledge of the history of religion and law in Israel may help ease tensions between its religious and secular citizens"--
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: 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: Berachyahu Lifshitz
Publisher: Routledge
ISBN: 1136576878
Category : Social Science
Languages : en
Pages : 387
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Book Description
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.
Author: François-Xavier Licari
Publisher: Cambridge University Press
ISBN: 1108421970
Category : Juvenile Nonfiction
Languages : en
Pages : 179
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Book Description
This is the first book to present a systematic and synthetic introduction to Jewish law.
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
