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Judicial Deviation In Talmudic Law
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Book Synopsis Judicial Deviation In Talmudic Law by : Hanina Ben-Menachem
Download or read book Judicial Deviation In Talmudic Law written by Hanina Ben-Menachem and published by Routledge. This book was released on 2021-12-16 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Extra-legal Reasoning in Judicial Decisions in Talmudic Law by : Hanina Ben-Menahem
Download or read book Extra-legal Reasoning in Judicial Decisions in Talmudic Law written by Hanina Ben-Menahem and published by . This book was released on 1978 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Barry Scott Wimpfheimer Publisher :University of Pennsylvania Press ISBN 13 :0812205944 Total Pages :248 pages Book Rating :4.8/5 (122 download)
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.
Book Synopsis Talmudic Law and the Modern State by : Moshe Silberg
Download or read book Talmudic Law and the Modern State written by Moshe Silberg and published by Burning Bush Publishing Company. This book was released on 1973 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law as Religion, Religion as Law by : David C. Flatto
Download or read book Law as Religion, Religion as Law written by David C. Flatto and published by Cambridge University Press. This book was released on 2022-08-25 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: In contrast with the conventional approach, this volume explores the dynamic interplay and intersection of law and religion.
Book Synopsis Diaspora and Law by : Liliana Ruth Feierstein
Download or read book Diaspora and Law written by Liliana Ruth Feierstein and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-09-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Jewish Law and Early Christian Identity by : Yifat Monnickendam
Download or read book Jewish Law and Early Christian Identity written by Yifat Monnickendam and published by Cambridge University Press. This book was released on 2020-01-09 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores marriage, sexual relations, and family law in late antique Christianity using the writings of Ephrem the Syrian.
Book Synopsis Equity in Jewish Law by : Aaron Kirschenbaum
Download or read book Equity in Jewish Law written by Aaron Kirschenbaum and published by KTAV Publishing House, Inc.. This book was released on 1991 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conversion to Judaism in Jewish Law by : Walter Jacob
Download or read book Conversion to Judaism in Jewish Law written by Walter Jacob and published by Berghahn Books. This book was released on 1994 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essays explore conversion to Judaism and the issues connected with it in the late twentieth century
Book Synopsis Just Wars, Holy Wars, and Jihads by : Sohail H. Hashmi
Download or read book Just Wars, Holy Wars, and Jihads written by Sohail H. Hashmi and published by Oxford University Press. This book was released on 2012-07-03 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Jewish Law Annual Volume 19 by : Berachyahu Lifshitz
Download or read book The Jewish Law Annual Volume 19 written by Berachyahu Lifshitz and published by Routledge. This book was released on 2013-07-04 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Trial Stories in Jewish Antiquity by : Chaya T. Halberstam
Download or read book Trial Stories in Jewish Antiquity written by Chaya T. Halberstam and published by Oxford University Press. This book was released on 2024-05-21 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can early Jewish courtroom narratives tell us about the capacity and limits of human justice? By exploring how judges and the act of judging are depicted in these narratives, Trial Stories in Jewish Antiquity: Counternarratives of Justice challenges the prevailing notion, both then and now, of the ideal impartial judge. As a work of intellectual history, the book also contributes to contemporary debates about the role of legal decision-making in shaping a just society. Chaya T. Halberstam shows that instead of modelling a system in which lofty, inaccessible judges follow objective and rational rules, ancient Jewish trial narratives depict a legal practice dependent upon the individual judge's personal relationships, reactive emotions, and impulse to care. Drawing from affect theory and feminist legal thought, Halberstam offers original readings of some of the most famous trials in ancient Jewish writings alongside minor case stories in Josephus and rabbinic literature. She shows both the consistency of a counter-tradition that sees legal practice as contingent upon relationship and emotion, and the specific ways in which that perspective was manifest in changing times and contexts.
Book Synopsis The Jewish Law Annual Volume 18 by : Berachyahu Lifshitz
Download or read book The Jewish Law Annual Volume 18 written by Berachyahu Lifshitz and published by Taylor & Francis. This book was released on 2010-04-05 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topics covered include: spousal withholding of conjugal relations; halakhic understandings of the parent–child relationship; corporal punishment of children; the prohibition against seeking a second ruling after something has been declared forbidden; the agent who carries out his mandate for his own benefit, not the principal’s; mid-twentieth century London organizations for the advancement of Jewish law.
Book Synopsis Law without Nations by : Austin Sarat
Download or read book Law without Nations written by Austin Sarat and published by Stanford University Press. This book was released on 2010-12-10 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.
Book Synopsis The Oxford Handbook of Jewish Studies by : Martin Goodman
Download or read book The Oxford Handbook of Jewish Studies written by Martin Goodman and published by Oxford Handbooks Online. This book was released on 2002 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jewish Studies reflects the current state of scholarship in the field as analyzed by an international team of experts in the different and varied areas represented within contemporary Jewish Studies. Unlike recent attempts to encapsulate the current state of Jewish Studies, the Oxford Handbook is more than a mere compendium of agreed facts; rather, it is an exhaustive survey of current interests and directions in the field.
Book Synopsis The Jewish Law Annual Volume 22 by : Benjamin Porat
Download or read book The Jewish Law Annual Volume 22 written by Benjamin Porat and published by Taylor & Francis. This book was released on 2023-12-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.
Book Synopsis Execution and Invention by : Beth A. Berkowitz
Download or read book Execution and Invention written by Beth A. Berkowitz and published by Oxford University Press. This book was released on 2006-03-23 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The death penalty in classical Judaism has been a highly politicized subject in modern scholarship. Enlightenment attacks on the Talmud's legitimacy led scholars to use the Talmud's criminal law as evidence for its elevated morals. But even more pressing was the need to prove Jews' innocence of the charge of killing Christ. The reconstruction of a just Jewish death penalty was a defense against the accusation that a corrupt Jewish court was responsible for the death of Christ. In Execution and Invention, Beth A. Berkowitz tells the story of modern scholarship on the ancient rabbinic death penalty and offers a fresh perspective using the approaches of ritual studies, cultural criticism, and talmudic source criticism. Against the scholarly consensus, Berkowitz argues that the early Rabbis used the rabbinic laws of the death penalty to establish their power in the wake of the destruction of the Temple. Following recent currents in historiography, Berkowitz sees the Rabbis as an embattled, almost invisible sect within second-century Judaism. The function of their death penalty laws, Berkowitz contends, was to create a complex ritual of execution under rabbinic control, thus bolstering rabbinic claims to authority in the context of Roman political and cultural domination. Understanding rabbinic literature to be in dialogue with the Bible, with the variety of ancient Jews, and with Roman imperialism, Berkowitz shows how the Rabbis tried to create an appealing alternative to the Roman, paganized culture of Palestine's Jews. In their death penalty, the Rabbis substituted Rome's power with their own. Early Christians, on the other hand, used death penalty discourse to critique judicial power. But Berkowitz argues that the Christian critique of execution produced new claims to authority as much as the rabbinic embrace. By comparing rabbinic conversations about the death penalty with Christian ones, Berkowitz reveals death penalty discourse as a significant means of creating authority in second-century western religious cultures. Advancing the death penalty discourse as a discourse of power, Berkowitz sheds light on the central relationship between religious and political authority and the severest form of punishment.
