Emerging Applications Of Jewish Law In American Legal Scholarship

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Jewish Law and American Law, Volume 1

Author : Samuel J. Levine
Publisher : Academic Studies PRess
ISBN 13 : 1644695634
Total Pages : 529 pages
Book Rating : 4.6/5 (446 download)

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Book Synopsis Jewish Law and American Law, Volume 1 by : Samuel J. Levine

Download or read book Jewish Law and American Law, Volume 1 written by Samuel J. Levine and published by Academic Studies PRess. This book was released on 2021-02-16 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Traditions of the World

Author : H. Patrick Glenn
Publisher : Oxford University Press, USA
ISBN 13 : 019966983X
Total Pages : 451 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Legal Traditions of the World by : H. Patrick Glenn

Download or read book Legal Traditions of the World written by H. Patrick Glenn and published by Oxford University Press, USA. This book was released on 2014 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Jews and the Law

Author : Ari Mermelstein
Publisher : Quid Pro Books
ISBN 13 : 1610272285
Total Pages : 337 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Jews and the Law by : Ari Mermelstein

Download or read book Jews and the Law written by Ari Mermelstein and published by Quid Pro Books. This book was released on 2014-06-10 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Creation, Covenant, and the Beginnings of Judaism

Author : Ari Mermelstein
Publisher : BRILL
ISBN 13 : 9004281657
Total Pages : 228 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Creation, Covenant, and the Beginnings of Judaism by : Ari Mermelstein

Download or read book Creation, Covenant, and the Beginnings of Judaism written by Ari Mermelstein and published by BRILL. This book was released on 2014-10-13 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Narrating the Law

Author : Barry Scott Wimpfheimer
Publisher : University of Pennsylvania Press
ISBN 13 : 0812205944
Total Pages : 248 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Narrating the Law by : Barry Scott Wimpfheimer

Download or read book Narrating the Law written by Barry Scott Wimpfheimer and published by University of Pennsylvania Press. This book was released on 2011-07-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Is Judaism Democratic?

Author : Leonard Jay Greenspoon
Publisher : Purdue University Press
ISBN 13 : 1557538336
Total Pages : 272 pages
Book Rating : 4.5/5 (575 download)

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Book Synopsis Is Judaism Democratic? by : Leonard Jay Greenspoon

Download or read book Is Judaism Democratic? written by Leonard Jay Greenspoon and published by Purdue University Press. This book was released on 2018 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Narrating the Law

Author : Barry Wimpfheimer
Publisher : University of Pennsylvania Press
ISBN 13 : 0812242998
Total Pages : 249 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Narrating the Law by : Barry Wimpfheimer

Download or read book Narrating the Law written by Barry Wimpfheimer and published by University of Pennsylvania Press. This book was released on 2011-07-19 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Faith and Law

Author : Robert F. Cochran
Publisher : NYU Press
ISBN 13 : 0814716733
Total Pages : 311 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Faith and Law by : Robert F. Cochran

Download or read book Faith and Law written by Robert F. Cochran and published by NYU Press. This book was released on 2008 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Self-incrimination in Jewish Law

Author : Aaron Kirschenbaum
Publisher : United Synagogue of America Book Service
ISBN 13 :
Total Pages : 234 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Self-incrimination in Jewish Law by : Aaron Kirschenbaum

Download or read book Self-incrimination in Jewish Law written by Aaron Kirschenbaum and published by United Synagogue of America Book Service. This book was released on 1970 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: November 1963

Halakhah

Author : Chaim N. Saiman
Publisher : Princeton University Press
ISBN 13 : 0691210853
Total Pages : 312 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Halakhah by : Chaim N. Saiman

Download or read book Halakhah written by Chaim N. Saiman and published by Princeton University Press. This book was released on 2020-09-29 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.

The American Jewish Chronicle

Author :
Publisher :
ISBN 13 :
Total Pages : 832 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The American Jewish Chronicle by :

Download or read book The American Jewish Chronicle written by and published by . This book was released on 1916 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Hitler's American Model

Author : James Q. Whitman
Publisher : Princeton University Press
ISBN 13 : 1400884632
Total Pages : 223 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Hitler's American Model by : James Q. Whitman

Download or read book Hitler's American Model written by James Q. Whitman and published by Princeton University Press. This book was released on 2017-02-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.

Legal engagement

Author : Collectif
Publisher : Publications de l’École française de Rome
ISBN 13 : 2728314659
Total Pages : 546 pages
Book Rating : 4.7/5 (283 download)

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Book Synopsis Legal engagement by : Collectif

Download or read book Legal engagement written by Collectif and published by Publications de l’École française de Rome. This book was released on 2021-07-30 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roman empire set law at the center of its very identity. A complex and robust ideology of law and justice is evident not only in the dynamics of imperial administration, but a host of cultural arenas. Citizenship named the privilege of falling under Roman jurisdiction, legal expertise was cultural capital. A faith in the emperor’s intimate concern for justice was a key component of the voluntary connection binding Romans and provincials to the state. Even as law was a central mechanism for control and the administration of state violence, it also exerted a magnetic effect on the peoples under its control. Adopting a range of approaches, the essays explore the impact of Roman law, both in the tribunal and in the culture. Unique to this anthology is attention to legal professionals and cultural intermediaries operating at the empire’s periphery. The studies here allow one to see how law operated among a range of populations and provincials—from Gauls and Brittons to Egyptians and Jews—exploring the ways local peoples creatively navigated, and constructed, their legal realities between Roman and local mores. They draw our attention to the space between laws and legal ideas, between ethnic, especially Jewish, life and law and the structures of Roman might; cases in which shared concepts result in diverse ends; the pageantry of the legal tribunal, the imperatives and corruptions of power differentials; and the importance of reading the gaps between depiction of law and its actual workings. This volume is unusual in bringing Jewish, and especially rabbinic, sources and perspectives together with Roman, Greek or Christian ones. This is the result of its being part of the research program “Judaism and Rome” (ERC Grant Agreement no. 614 424), dedicated to the study of the impact of the Roman empire upon ancient Judaism.

On Repentance

Author : Pinchas H. Peli
Publisher : Jason Aronson, Incorporated
ISBN 13 : 146162987X
Total Pages : 330 pages
Book Rating : 4.4/5 (616 download)

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Book Synopsis On Repentance by : Pinchas H. Peli

Download or read book On Repentance written by Pinchas H. Peli and published by Jason Aronson, Incorporated. This book was released on 2000-05-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: For five decades prior to his death in 1993, Rabbi Joseph Dov Soloveitchik was the unchallenged leader of modern Orthodox Judaism in the United States. His understanding of both traditional Judaism and secular philosophy shaped two generations of rabbinic students at Yeshiva University, and charted a new course for American Orthodox Jews. In On Repentance, noted scholar Pinchas Peli has gathered the major points of Rabbi Soloveitchik's teachings on teshuvah (repentance), based on the annual series of lectures on the theme of teshuvah, presented on the anniversary of his father's death. For many Jews, these lectures were the major academic and intellectual event of the year. Outside of his followers however, few were able to experience the genius of Rabbi Soloveitchik. He gave his lectures in Yiddish, and generally refused to publish. Now readers can experience the brilliant thinking of this great teacher and sage.

Contrasts in American and Jewish Law

Author : Daniel Pollack
Publisher : KTAV Publishing House, Inc.
ISBN 13 : 9780881257502
Total Pages : 294 pages
Book Rating : 4.2/5 (575 download)

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Book Synopsis Contrasts in American and Jewish Law by : Daniel Pollack

Download or read book Contrasts in American and Jewish Law written by Daniel Pollack and published by KTAV Publishing House, Inc.. This book was released on 2001 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: American law and the American legal system are rights-based, whereas Jewish law and the halakhic system are duty-based. This distinction goes to the heart of the two legal systems; the basis on which each is founded, how they conceptualize human nature and the social order, and how they function. The American legal system is a human construction forged in a secular society. The halakhic system, while honed and clarified over the centuries by human decisors, is ultimately grounded in a text revealed by God. In consequence, the two legal systems approach problems quite differently. This is explained and illustrated in this volume by discussions of such compelling social issues as euthanasia, medical treatment without consent, search and seizure in schools, procreation rights of prisoners, liability for environmental damage, termination of parental rights due to mental incapacity, and the capacity of the mentally retarded to give informed consent.

Pledges of Jewish Allegiance

Author : David Ellenson
Publisher : Stanford University Press
ISBN 13 : 0804781036
Total Pages : 218 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Pledges of Jewish Allegiance by : David Ellenson

Download or read book Pledges of Jewish Allegiance written by David Ellenson and published by Stanford University Press. This book was released on 2012-01-18 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the late 1700s, when the Jewish community ceased to be a semiautonomous political unit in Western Europe and the United States and individual Jews became integrated—culturally, socially, and politically—into broader society, questions surrounding Jewish status and identity have occupied a prominent and contentious place in Jewish legal discourse. This book examines a wide array of legal opinions written by nineteenth- and twentieth-century orthodox rabbis in Europe, the United States, and Israel. It argues that these rabbis' divergent positions—based on the same legal precedents—demonstrate that they were doing more than delivering legal opinions. Instead, they were crafting public policy for Jewish society in response to Jews' social and political interactions as equals with the non-Jewish persons in whose midst they dwelled. Pledges of Jewish Allegiance prefaces its analysis of modern opinions with a discussion of the classical Jewish sources upon which they draw.

The Jewish Intellectual Tradition

Author : Alan Kadish
Publisher : Academic Studies PRess
ISBN 13 : 1644695367
Total Pages : 328 pages
Book Rating : 4.6/5 (446 download)

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Book Synopsis The Jewish Intellectual Tradition by : Alan Kadish

Download or read book The Jewish Intellectual Tradition written by Alan Kadish and published by Academic Studies PRess. This book was released on 2021-01-19 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Jewish intellectual tradition has a long and complex history that has resulted in significant and influential works of scholarship. In this book, the authors suggest that there is a series of common principles that can be extracted from the Jewish intellectual tradition that have broad, even life-changing, implications for individual and societal achievement. These principles include respect for tradition while encouraging independent, often disruptive thinking; a precise system of logical reasoning in pursuit of the truth; universal education continuing through adulthood; and living a purposeful life. The main objective of this book is to understand the historical development of these principles and to demonstrate how applying them judiciously can lead to greater intellectual productivity, a more fulfilling existence, and a more advanced society.