Fr. 106.00

Jewish Law in Context

English · Paperback / Softback

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Description

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Zusammenfassung The articles in this volume were originally published in Hebrew in Shenaton Hamishpat Haivri and address Jewish law! both in its own context and in the context of contemporary jurisprudence. Contributions range from discussion of the rabbincal court to the doctrine of binding precedent! and from the basis of judicial authority to the legal defence of ignorance of the law.

List of contents

Introduction 1 PRECEDENT IN JEWISH LAW 2 THE JUDGE-AGENT ANALOGY IN THE TALMUD 3 THE LEGAL STATUS OF THE RESPONSA LITERATURE 4 THE LAW IS IN ACCORD WITH THE LATER AUTHORITY— Hilkhata Kebatrai: Historical Observations on a Legal Rule 5 ON THE PLACE OF LOGIC (SVARA) IN MAIMONIDES’ CODE 6 EVASION OF THE LAW IN THE TALMUD 7 INADVERTENT ADULTERY (SHGAGA) IN JEWISH LAW: MISTAKE OF LAW AND MISTAKE OF FACT

About the author

Hanina Ben-Menahem, Faculty of Law, The Hebrew University of Jerusalem. Neil S. Hecht, Boston University School of Law, Boston, Massachusetts.

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