Judicial Deviation In Talmudic Law

Judicial Deviation In Talmudic Law
Title Judicial Deviation In Talmudic Law PDF eBook
Author Hanina Ben-Menachem
Publisher Routledge
Pages 237
Release 2021-12-16
Genre Philosophy
ISBN 1134333501

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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

Extra-legal Reasoning in Judicial Decisions in Talmudic Law
Title Extra-legal Reasoning in Judicial Decisions in Talmudic Law PDF eBook
Author Hanina Ben-Menahem
Publisher
Pages 516
Release 1978
Genre Judicial process (Jewish law)
ISBN

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Talmudic Law and the Modern State

Talmudic Law and the Modern State
Title Talmudic Law and the Modern State PDF eBook
Author Moshe Silberg
Publisher Burning Bush Publishing Company
Pages 250
Release 1973
Genre Religion
ISBN

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Narrating the Law

Narrating the Law
Title Narrating the Law PDF eBook
Author Barry Scott Wimpfheimer
Publisher University of Pennsylvania Press
Pages 248
Release 2011-07-19
Genre Religion
ISBN 0812205944

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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

Law as Religion, Religion as Law
Title Law as Religion, Religion as Law PDF eBook
Author David C. Flatto
Publisher Cambridge University Press
Pages 403
Release 2022-08-25
Genre Law
ISBN 1108486533

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In contrast with the conventional approach, this volume explores the dynamic interplay and intersection of law and religion.

Diaspora and Law

Diaspora and Law
Title Diaspora and Law PDF eBook
Author Liliana Ruth Feierstein
Publisher Walter de Gruyter GmbH & Co KG
Pages 232
Release 2023-09-18
Genre History
ISBN 3111062635

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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

Jewish Law and Early Christian Identity
Title Jewish Law and Early Christian Identity PDF eBook
Author Yifat Monnickendam
Publisher Cambridge University Press
Pages 345
Release 2020-01-09
Genre History
ISBN 1108480322

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Explores marriage, sexual relations, and family law in late antique Christianity using the writings of Ephrem the Syrian.