the jewish law annual volume 19

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The Jewish Law Annual

Author : Berachyahu Lifshitz
ISBN : 9781136576881
Genre : Social Science
File Size : 67. 95 MB
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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.

The Jewish Law Annual Volume 18

Author : Berachyahu Lifshitz
ISBN : 9780415574044
Genre : Law
File Size : 34. 85 MB
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Volume 18 of The Jewish Law Annual contains six comprehensive articles on various aspects of Jewish law. Three articles address family law. One addresses the painful issue of the plight of the wife whose husband withholds conjugal relations. In a marriage where relations are withheld, the wife may seek a divorce, while her husband may withhold divorce. Prolonged withholding of divorce renders the wife an agunah, that is, a wife chained to a dead marriage and unable to start anew and rebuild her life. The author explores the halakhic feasibility of allowing a wife in such a predicament to bring a claim for damages against her husband for infliction of mental distress. If such claims are allowed, recalcitrant husbands may rethink their intransigence and consent to grant the divorce. Another article examines the evolution of halakhic thinking on the parentâe"child relationship. It traces the stages by which halakhic family law changed from a basically patriarchal system in which both mother and the child were deemed subject to the fatherâe(tm)s will, to a more balanced system where wife and husband have equal standing with respect to custody matters, and the best interest of the child is the main consideration in custody proceedings. In another article, halakhic attitudes to corporal punishment of children are analyzed. The author explores whether the "Spare the rod and spoil the child" adage, which is based on a verse from Proverbs, indeed reflects the position of Jewish law. He shows that in fact, while recourse to corporal punishment for educational purposes is permitted--subject to detailed qualifications that greatly limit its scope--two divergent approaches to corporal punishment can be discerned in the halakhic sources. One maintains that administration of corporal punishment can be a useful pedagogic tool of last resort, whereas the other seeks to minimize recourse to corporal punishment in the educational context, questioning its efficacy. The article shows that in any event, the notion that corporal punishment is required by the law, as some, invoking the "spare the rod" maxim, have maintained, is by no means borne out by the halakhic literature. The volume also features a fascinating article on the history of two societies founded in London to further the study of Jewish law using modern scholarly methodologies. One society was active at the end of the 1920s and beginning of the 1930s, the second was active a decade later. The article explains the background to the establishment of the societies and analyzes the societiesâe(tm) objectives, leaders and memberships. Both societies were founded with the intention of reformulating the classic halakhic sources in a manner that would render them suitable for contemporary application in the nascent Jewish state. But as the author shows, ultimately much of their energy was devoted to presenting the said sources to the non-Jewish legal world, for the purpose of reciprocal enrichment and edification. Rounding out the volume are two jurisprudential studies on classic legal problems. The first explores the prohibition against seeking a second legal ruling when a ruling declaring something forbidden has been handed down. What is the scope of this rule, and in what ways does it differ from the res judicata principle in western law? The author shows that both procedural and substantive readings of the prohibition were put forward in the talmudic commentaries, and explains the jurisprudential implications of these different readings. The second article examines the question of the agent who breaches his principalâe(tm)s trust, focusing on the case of the agent who executes the act he was sent to carry out, but does so for himself, rather than his principal. To what extent is he liable for ensuing damages to the principal, and is his act invariably deemed reprehensible? Another issue is the legal status of the transaction carried out by such an agent. Do the rights and obligations generated by the transaction accrue to the agent, or to the principal? And how are determinations as to the status of the transaction to be made? Is the testimony of an unfaithful agent, or one who has deviated from his mandate, deemed trustworthy? Is any role played by third parties, such as vendors, in determining the status of the transaction?

The Jewish Law Annual

Author : Institute of Jewish Law Staff
ISBN : 3718605171
Genre : Philosophy
File Size : 89. 88 MB
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The first part of this volume considers criminal law pertaining to husbands and wives. The second part includes articles on Jewish law in the state of Israel relating to topics such as custody and the role of women in their children's education, brain death, and conscientious objection.

Perspectives On Jewish Law And Contemporary Issues

Author : Wayne Allen
ISBN : IND:30000133718282
Genre : Religion
File Size : 20. 95 MB
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This book is a collection of 85 responsa written between 1988-2008. Using a wide array of Talmudic and halakhic sources along with archaeology, philology, artwork, music history and medicine, Rabbi Wayne Allen of Beth Tikvah in Toronto, addresses a wide range of subjects with which the modern Jewish world continues to grapple. Based on the authors more than thirty years of congregational experience, the book deals with issues such as virtual synagogues, women in Jewish Law, weddings, funerals, tattoos, astrology, cloning, mourning, the Ketubah and clergy confidentiality.

Jewish Law Annual

Author : Bernard S. Jackson
ISBN : 3718604809
Genre : Law
File Size : 41. 36 MB
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First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

The Jewish Law Annual

Author :
ISBN : STANFORD:36105060326795
Genre : Jewish law
File Size : 33. 13 MB
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The Legal Foundation And Borders Of Israel Under International Law

Author : Howard Grief
ISBN : 9789657344521
Genre : History
File Size : 50. 28 MB
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"The Legal Foundation and Borders of Israel under International Law" offers a comprehensive and systematic legal treatment of Jewish national and political rights to all of the Land of Israel. The author, Howard Grief, is the originator of the thesis that de jure sovereignty over the entire Land of Israel and Palestine was vested in the Jewish People as a result of the San Remo Resolution adopted at the San Remo Peace Conference on April 24, 1920. Yuval Ne'eman, a former Israeli government minister said: "For about 400 years, the Ottoman Empire ruled over all the Balkans, the Middle East and North Africa. The struggle for the liberation of those areas began in the Balkan lands at the beginning of the 19th century and ended in 1913. In the First World War, the job [of liberation] was completed and Turkey was reduced to the Anatolian Peninsula. All of this was contained in the San Remo Agreement of April 1920. The fact that it was precisely at that place and time that Iraq, Syria, Lebanon and the states of the Arabian Peninsula obtained [thanks to the victory of the Principal Allied Powers over the Central Powers] the very same liberation from the Ottoman yoke, strengthens the approach of Grief who presents the proof for the inclusion of Palestine [i.e., the Jewish People] in the list of beneficiaries in regard to the "settlement [or disposition] of the inheritance of the Ottoman Empire." Dr. Ya'akov Meron, former Adviser on the Law of Arab Countries at the Ministry of Justice, Jerusalem, Israel and Professor of Moslem Law in the Faculties of Law of Jerusalem and Tel-Aviv wrote: "The Legal Foundation and Borders of Israel under International Law" is a forceful and erudite pleading for the respecting of the letter and spirit of the law, not only Israeli law but also the international law that came into existence in the wake of World War I. This law, now largely forgotten or neglected, is still relevant today in regard to the status and borders of the Land of Israel. The author makes a thorough analysis of the international documents which recognized the rights of the Jewish People to the land of their ancestors, most significantly the San Remo Resolution on Palestine, agreed to by the victorious Allies at the Peace Conference of April 1920.

The Gospels And Rabbinic Judaism

Author : Michael Hilton
ISBN : UCSC:32106019041323
Genre : Bible
File Size : 77. 18 MB
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This book has grown out of Bible studies carried on jointly by a Dominican priest and a Jewish rabbi. New Testament and rabbinic texts have been studied by various combined groups of Jews and Christians and the reactions of the groups noted by the authors. From their experience a textbook has emerged for others to use, ideally in similar joint groups. The main topics covered are 'the great commandment', the synagogue and its function, the parable, the Sabbath, divorce and forgiveness. These topics differ not only in subject matter, but also in the type of comparison offered â "legal, historical, literary, theological and even contrasting themes.

Die J Dische Kunst

Author : Gabrielle Sed-Rajna
ISBN : 3451263505
Genre : Jewish art
File Size : 43. 45 MB
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Jewish Book Annual

Author : Solomon Grayzel
ISBN : STANFORD:36105014833037
Genre : Jewish literature
File Size : 82. 32 MB
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