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Download The Jewish Law Annual Volume 19 by Berachyahu Lifshitz,Hanina Ben-Menahem PDF

By Berachyahu Lifshitz,Hanina Ben-Menahem

Volume 19 of The Jewish legislation Annual is a festschrift in honor of Professor Neil S. Hecht. It comprises 13 articles, ten in English and 3 in Hebrew. numerous articles are jurisprudential in nature, targeting research of halakhic associations and ideas. Elisha Ancselovits discusses the concept that of the prosbul, asking if it is right to construe it as a criminal fiction, as a number of students have asserted. he is taking factor with this characterization of the prosbul, and with different scholarly readings of Tannaitic legislations generally. The ideas of dignity and disgrace are addressed in very diverse articles, one through Nahum Rakover, and the opposite through Hanina Ben-Menahem. the previous discusses halakhic assets bearing on the distinction inherent in human lifestyles, and the significance of nurturing it. The latter offers a desirable survey of exact felony practices that contravened this haklakhic norm. Attestations of those practices are adduced not just from halakhic and semi-halakhic records, but additionally from literary, old, and ethnographic assets. 3 articles take on topical problems with massive modern curiosity. Bernard S. Jackson reviews on criminal concerns in relation to the concept that of conversion bobbing up from the tale of the biblical heroine Ruth, and compares that idea to the thought of conversion invoked by means of a contemporary English court docket selection on eligibility for admission to denominational colleges. a piece of writing through Dov I. Frimer explores the a lot agonized-over query of halakhic treatments for the spouse whose husband refuses to supply her a get (bill of divorce), precluding her remarriage. Frimer’s concentration is the feasibility of inducing the husband to supply the get via financial strain, in particular, via awarding the chained spouse compensatory tort damages. Tort treatments also are mentioned within the 3rd topical article, through Ronnie Warburg, on negligent misrepresentation by way of funding advisors. papers concentrate on conception of legislations. Shai Wozner explores the choice rules–conduct ideas dichotomy within the Jewish legislation context, clarifying how research of which classification a given legislation falls below complements our figuring out of the law’s motive. Daniel Sinclair explores the doctrine of normative transparency within the writings of Maimonides, the Hatam Sofer, and R. Abraham Isaac Kook, demonstrating that even supposing transparency used to be universally recommended as a terrific, a few rabbinical specialists have been keen to forego transparency the place upkeep of the halakhic method itself used to be imperiled. a piece of writing via Alfredo M. Rabello studies the first and secondary literature on end-of-life concerns, and contextualizes the much-discussed talmudic passage bAvoda Zara 18a. And a piece of writing through Chaim Saiman bargains a serious survey of the most ways to conceptualizing and instructing Jewish legislation in American universities; it additionally makes feedback for brand spanking new, and maybe extra illuminating pedagogic course. within the Hebrew part, an interesting article by way of Berachyahu Lifshitz offers a comparability of Persian and talmudic legislations at the prestige of gives you and the position of the divine of their enforcement. Yuval Sinai discusses the halakhic legislation of proof, quite the well known "two witnesses" requirement and departures from it. the quantity closes with a historic article by means of Elimelech Westreich at the legitimate rabbinical courtroom in 19th century Jerusalem. It specializes in the rabbinical figures who served at the court docket, the groups for whom it adjudicated, and its function within the broader geopolitical and sociocultural context.

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