Windows Onto Jewish Legal Culture
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Windows Onto Jewish Legal Culture
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Author : Hanina Ben-Menahem
language : en
Publisher: Routledge
Release Date : 2020-06-30
Windows Onto Jewish Legal Culture written by Hanina Ben-Menahem and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.
This book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.
Windows Onto Jewish Legal Culture Volume 1
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Author : Hanina Ben-Menahem
language : en
Publisher: Routledge
Release Date : 2019-10-10
Windows Onto Jewish Legal Culture Volume 1 written by Hanina Ben-Menahem and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-10 with Law categories.
This book opens windows onto Jewish legal culture, by offering fourteen exploratory essays, each of which focuses on an aspect of Jewish law, broadly understood. Each chapter is a self-contained journey, as it were, into a feature of the Jewish legal landscape. In other words, rather than taking a structural approach, and attempting to neatly circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, without seeking to fit them into a single structure. Given this approach, readers have a number of options: they can focus on those chapters of particular interest to them; read the chapters in whatever order appeals to them; or go through the chapters in order. Reading even a handful of chapters should provide the reader with a good sense of the mind-set characteristic of Jewish legal thinking. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, extra-judicial decisions taken by judges and communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. The book gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Windows onto Jewish Legal Culture is divided into five sections. The opening section presents two distinguishing features of Jewish legal culture, namely, its toleration and even encouragement of controversy, and its preference for formalistic formulations. These features are often misunderstood, and been subjected to severe critique. Indeed, Jewish legal culture is often parodied as nit-picking, hair-splitting, argument for the sake of argument. Exploring Jewish legal culture’s partiality to controversy and formalism in its proper context, however, yields a very different picture. The second section, "Law and Ethics," gives readers a first-hand look at the way Jewish legal culture relates to three moral issues of importance to any society: equity, charity, and euthanasia. The third section focuses on the judicial process, a central topic in the general analysis of law, and even more so in Jewish law, where the judicial branch takes precedence over the legislative. The fourth section addresses questions pertaining to the role of the individual in the administration of justice—self help, and the individual’s obligation to defend himself and others against a pursuer. The closing section is devoted to private law, exploring the interface between Jewish legal culture and free market competition, unjust enrichment, agency, and labor law. This book will appeal to students at the advanced level, scholars, and interested laypeople; the primary target audience is academic. It is suitable for use as a textbook.
Windows Onto Jewish Legal Culture Volume 2
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Author : Hanina Ben-Menahem
language : en
Publisher: Routledge
Release Date : 2020-10-07
Windows Onto Jewish Legal Culture Volume 2 written by Hanina Ben-Menahem and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-07 with Law categories.
This book opens windows onto Jewish legal culture, by offering fourteen exploratory essays, each of which focuses on an aspect of Jewish law, broadly understood. Each chapter is a self-contained journey, as it were, into a feature of the Jewish legal landscape. In other words, rather than taking a structural approach, and attempting to neatly circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, without seeking to fit them into a single structure. Given this approach, readers have a number of options: they can focus on those chapters of particular interest to them; read the chapters in whatever order appeals to them; or go through the chapters in order. Reading even a handful of chapters should provide the reader with a good sense of the mind-set characteristic of Jewish legal thinking. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, extra-judicial decisions taken by judges and communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. The book gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Windows onto Jewish Legal Culture is divided into five sections. The opening section presents two distinguishing features of Jewish legal culture, namely, its toleration and even encouragement of controversy, and its preference for formalistic formulations. These features are often misunderstood, and been subjected to severe critique. Indeed, Jewish legal culture is often parodied as nit-picking, hair-splitting, argument for the sake of argument. Exploring Jewish legal culture’s partiality to controversy and formalism in its proper context, however, yields a very different picture. The second section, "Law and Ethics," gives readers a first-hand look at the way Jewish legal culture relates to three moral issues of importance to any society: equity, charity, and euthanasia. The third section focuses on the judicial process, a central topic in the general analysis of law, and even more so in Jewish law, where the judicial branch takes precedence over the legislative. The fourth section addresses questions pertaining to the role of the individual in the administration of justice—self help, and the individual’s obligation to defend himself and others against a pursuer. The closing section is devoted to private law, exploring the interface between Jewish legal culture and free market competition, unjust enrichment, agency, and labor law. This book will appeal to students at the advanced level, scholars, and interested laypeople; the primary target audience is academic. It is suitable for use as a textbook.
Windows Onto Jewish Legal Culture
DOWNLOAD
FREE 30 Days
Author : Hanina Ben-Menahem
language : en
Publisher: Routledge
Release Date : 2020-06-30
Windows Onto Jewish Legal Culture written by Hanina Ben-Menahem and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.
This book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.
The Myth Of The Cultural Jew
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Author : Roberta Rosenthal Kwall
language : en
Publisher: Oxford University Press
Release Date : 2015-01-22
The Myth Of The Cultural Jew written by Roberta Rosenthal Kwall and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-22 with Law categories.
A myth exists that Jews can embrace the cultural components of Judaism without appreciating the legal aspects of the Jewish tradition. This myth suggests that law and culture are independent of one another. In reality, however, much of Jewish culture has a basis in Jewish law. Similarly, Jewish law produces Jewish culture. A cultural analysis paradigm provides a useful way of understanding the Jewish tradition as the product of both legal precepts and cultural elements. This paradigm sees law and culture as inextricably intertwined and historically specific. This perspective also emphasizes the human element of law's composition and the role of existing power dynamics in shaping Jewish law. In light of this inevitable intersection between culture and law, The Myth of the Cultural Jew: Culture and Law in Jewish Tradition argues that Jewish culture is shallow unless it is grounded in Jewish law. Roberta Rosenthal Kwall develops and applies a cultural analysis paradigm to the Jewish tradition that departs from the understanding of Jewish law solely as the embodiment of Divine command. Her paradigm explains why both law and culture must matter to those interested in forging meaningful Jewish identity and transmitting the tradition.
Jewish And Israeli Law An Introduction
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Author : Shimon Shetreet
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-08-02
Jewish And Israeli Law An Introduction written by Shimon Shetreet and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-02 with Law categories.
This book instructively introduces the reader to the basics of Jewish law. It gives a detailed, cutting-edge analysis of contemporary public and private law in the State of Israel, as well as Israel’s legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality.
The Invention Of Jewish Theocracy
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Author : Alexander Kaye
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
The Invention Of Jewish Theocracy written by Alexander Kaye and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with History categories.
"This book is about the attempt of Orthodox Jewish Zionists to implement traditional Jewish law (halakha) as the law of the State of Israel. These religious Zionists began their quest for a halakhic sate immediately after Israel's establishment in 1948 and competed for legal supremacy with the majority of Israeli Jews who wanted Israel to be a secular democracy. Although Israel never became a halachic state, the conflict over legal authority became the backdrop for a pervasive culture war, whose consequences are felt throughout Israeli society until today. The book traces the origins of the legal ideology of religious Zionists and shows how it emerged in the middle of the twentieth century. It further shows that the ideology, far from being endemic to Jewish religious tradition as its proponents claim, is a version of modern European jurisprudence, in which a centralized state asserts total control over the legal hierarchy within its borders. The book shows how the adoption (conscious or not) of modern jurisprudence has shaped religious attitudes to many aspects of Israeli society and politics, created an ongoing antagonism with the state's civil courts, and led to the creation of a new and increasingly powerful state rabbinate. This account is placed into wider conversations about the place of religion in democracies and the fate of secularism in the modern world. It concludes with suggestions about how a better knowledge of the history of religion and law in Israel may help ease tensions between its religious and secular citizens"--
Law And The Culture Of Israel
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Author : Menachem Mautner
language : en
Publisher: Oxford University Press
Release Date : 2011-01-27
Law And The Culture Of Israel written by Menachem Mautner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-27 with History categories.
For half a century a fierce struggle to shape Israeli culture has been waged in its legal system. Should Israel be a secular, liberal state, or governed by traditional Jewish law and culture? In this book Menachem Mautner tells the fascinating story of the political struggles to control Israeli law, and through it the culture of Israel itself.
Jewish Law And Legal Theory
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Author : Martin P. Golding
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1994-01
Jewish Law And Legal Theory written by Martin P. Golding and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01 with Jewish law categories.
Dealing with issues pivotal to Jewish law theory, this volume offers English-language readers a concise presentation of an important legal tradition. This volume touches on theological concerns of Judaism and the law, but it focuses on broader trends in legal theory. essays address the philosophy of law and jurisprudential analysis which have contributed to modern legal systems.
The Codification Of Jewish Law On The Cusp Of Modernity
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Author : Edward Fram
language : en
Publisher: Cambridge University Press
Release Date : 2022-04-28
The Codification Of Jewish Law On The Cusp Of Modernity written by Edward Fram and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-28 with Religion categories.
For more than four centuries, Jewish life has been based on a code of law written by Joseph Caro, his Shulḥan `aruk ['set table']. The work was an immediate best-seller because it presented the law in a clear and concise format. Caro's work, however, was methodologically problematic and was widely criticized in the first generations after its publication. In this volume, Edward Fram examines Caro's methods as well as those of two of his contemporaries, Moses Isserles and Solomon Luria. He highlights criticisms of Caro's legal thought and brings alternative methodologies to the fore. He also compares these three jurists, while placing their methods, and cases in their historical, intellectual, and religious contexts. Fram's volume ultimately explains why Caro's methodologically problematic work won the day, while more sophisticated approaches remained points of legal reference but fell short of achieving the acceptance that their authors hoped for.