Jewish Law Annual Volume 21
Title | Jewish Law Annual Volume 21 PDF eBook |
Author | Benjamin Porat |
Publisher | Routledge |
Pages | 349 |
Release | 2015-12-14 |
Genre | Law |
ISBN | 1317291662 |
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.
Jewish Law Annual Volume 20
Title | Jewish Law Annual Volume 20 PDF eBook |
Author | Berachyahu Lifshitz |
Publisher | Routledge |
Pages | 532 |
Release | 2013-10-01 |
Genre | Law |
ISBN | 1136013849 |
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).
The Jewish Law Annual
Title | The Jewish Law Annual PDF eBook |
Author | |
Publisher | |
Pages | 239 |
Release | 2015 |
Genre | Jewish law |
ISBN | 9781315645322 |
The Jewish Law Annual Volume 18
Title | The Jewish Law Annual Volume 18 PDF eBook |
Author | Berachyahu Lifshitz |
Publisher | Routledge |
Pages | 330 |
Release | 2010-04-05 |
Genre | Law |
ISBN | 1136996206 |
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.
Jewish Law Annual (Vol 11)
Title | Jewish Law Annual (Vol 11) PDF eBook |
Author | Bernard S. Jackson |
Publisher | Routledge |
Pages | 318 |
Release | 2022-02-22 |
Genre | Law |
ISBN | 1317836685 |
First published in 2004. This collection of papers is Volume eleven of the The Jewish Law Institute. Split onto two parts, it covers topics such as The Rabbinic Law on Entry and Seizure, the Problem of Priority in Civil Law, Analogical Argument in Early Jewish law amongst others. Part two entitled Chronicle, has examples of cases.
The Jewish Law Annual Volume 19
Title | The Jewish Law Annual Volume 19 PDF eBook |
Author | Berachyahu Lifshitz |
Publisher | Routledge |
Pages | 265 |
Release | 2013-07-04 |
Genre | Social Science |
ISBN | 1136576886 |
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.
Jewish Law Annual (Vol 10)
Title | Jewish Law Annual (Vol 10) PDF eBook |
Author | Bernard S Jackson |
Publisher | Routledge |
Pages | 320 |
Release | 2022-02-22 |
Genre | Law |
ISBN | 1134336098 |
First Published in 1992. This collection of papers is Volume ten from The Jewish Law Institute. Split onto three parts, it covers the area of Parent and Child, including amongst others, offences punishable by death, child custody, Parents and Children under Moslem Law, Physical Violence and Herod’s Domestic Court. . Part two entitled Chronicle, has examples of cases and Part three includes a survey of recent literature.