scholarly journals Is Talmudic Law a Religious Legal System?

2021 ◽  
Vol 7 (1) ◽  
pp. 13-41
Author(s):  
Hanina Ben Menahem
Keyword(s):  
Legal System ◽  
Jewish Law ◽  
Biblical Law ◽  
Religious Law ◽  
Academic Researchers ◽  
Shed Light

Abstract The claim that Talmudic law is a religious legal system has long been, and continues to be, put forward by both traditional scholars of Jewish law and contemporary academic researchers. The question of whether Talmudic law is a religious legal system most certainly did not engage the Sages of the Talmud, but addressing it will help us grasp the nature of Talmudic law. Furthermore, juxtaposing Talmudic law to Biblical law will help us delineate the concept of religious law, and shed light on certain developments in the evolution of Jewish law.

Is Talmudic Law a Religious Legal System? A Provisional Analysis

2008 ◽  
Vol 24 (2) ◽  
pp. 379-401
Author(s):  
Hanina Ben-Menahem
Keyword(s):  
Legal System ◽  
Jewish Law ◽  
French Law ◽  
Biblical Law ◽  
System A ◽  
Religious Law ◽  
Academic Researchers ◽  
Shed Light

The claim that talmudic law is a religious legal system has long been, and continues to be, put forward by both traditional scholars of Jewish law and contemporary academic researchers.The question of whether talmudic law is a religious legal system most certainly did not engage the Sages of the Talmud, but addressing it will help us grasp the nature of talmudic law. Furthermore, juxtaposing talmudic law to Biblical law will help us delineate the concept of religious law, and shed light on certain developments in the evolution of Jewish law.Let us consider what this claim entails. Sometimes the assertion that a given legal system is a religious legal system merely seeks to indicate that it is part of a certain religion or was created within the framework of that religion. Such an assertion does not provide any information about the nature of the said system, just as the phrase “French law” says nothing more than that the system is used in France.

ACCOMMODATING RELIGIOUS LAW WITH A CIVIL LEGAL SYSTEM: LESSONS FROM THE JEWISH LAW EXPERIENCE IN FINANCIAL FAMILY MATTERS

2018 ◽  
Vol 33 (03) ◽  
pp. 481-503
Author(s):  
Avishalom Westreich
Keyword(s):  
Legal System ◽  
Family Law ◽  
Civil Law ◽  
Legal Pluralism ◽  
Jewish Law ◽  
Legal Systems ◽  
Religious Law

AbstractThe discussion of legal pluralism focuses on the coexistence of several legal systems, mainly religious and civil ones. But what happens when a process of assimilation—whether imposed or voluntary—characterizes the relationships between the systems? This article analyzes the fascinating process of assimilation of civil principles into religious law in the context of Jewish law and Israeli civil family law. Assimilation, as the article shows, is not the whole picture. The article reveals a corresponding (both open and implicit) struggle for the preservation of religious law principles despite the continuing efforts of civil law for their curtailment, or sometimes, elimination. The result, which is somewhat internally contradictory, suggests a normative pluralistic framework that enables both regimes—the civil and the religious—to preserve their core principles in family law matters.

Consumer Protection in Jordanian Discount Sales: A Comparative Study with the Legislations of France, Tunisia and the United Arab Emirates

2021 ◽  
pp. 1-16
Author(s):  
Tariq Kameel ◽  
Fayez Alnusair ◽  
Nour Alhajaya
Keyword(s):  
Comparative Study ◽  
United Arab Emirates ◽  
Consumer Protection ◽  
Legal System ◽  
Judicial Practice ◽  
Consumer Rights ◽  
Market Protection ◽  
Market Intervention ◽  
Constituent Elements ◽  
Shed Light

Abstract This article compares consumer protection in the framework of discounts with the constituent elements of such sales and the relevant methods of protecting consumer rights, according to French, Emirati, Jordanian, and Tunisian legislation and judicial practice. The findings shed light on the operation of consumer rights and market protection, and argues that each legal system has developed divergent means to attain the same goal. While some legal systems have organised sales with detailed rules, others have engaged in very limited market intervention; in the latter case, consumers are prevented from enjoying an important set of rights, as consumer rights and market protection are determined by the merchants.

The Right to Return: The Biblical Law of Theft

2010 ◽  
pp. 28-41 ◽  
Author(s):  
Eliakim Katz ◽  
Jacob Rosenberg
Keyword(s):  
Detailed Analysis ◽  
Economic Model ◽  
Jewish Law ◽  
Biblical Law ◽  
The Law ◽  
The Right

This article focuses on the law surrounding the biblical law of theft. According to Jewish Law, a thief who is caught and found guilty must return the stolen article and, in addition, pay the owner a fine equal to the value of the article. The thief can avoid this fine by admitting to the theft on his own initiative in a court and returning the stolen article to its owner. This article refers to such canceling of a fine as a pardon. The pardon is explained in the Talmud by the legal dictum “Mode BeKnass Patur,” that is “he who confesses in a fine is exempt”. This article carefully explains economic model with the help of various graphs. This article also explains two issues which require consideration in assessing whether Eliezer acted properly as an agent according to Jewish law. A detailed analysis of concepts of duty in Judaism concludes this article.

The International Space Station

2019 ◽  
pp. 96-113
Author(s):  
Sarah Katharina Germann
Keyword(s):  
International Space Station ◽  
Legal System ◽  
Space Station ◽  
Legal Framework ◽  
Point Of View ◽  
International Space ◽  
Space Law ◽  
The Creation ◽  
Shed Light

The International Space Station is certainly one of the most astounding achievements of humankind in space. Especially from a legal point of view, the creation of the Intergovernmental Agreement (IGA) and its sub-instruments specifically for the ISS was a major success: the IGA was the first grand-scale multi-national legally binding space-related treaty drafted, ratified, and implemented by the major space faring nations since the drafting of the five UN Space Treaties roughly 20 years before. And still today, the legal framework of the ISS is a stand-alone legal system which can serve as model for other missions, as it refines and develops in an innovative way the rules laid out in the five UN Space Treaties and at the same time manages to coordinate and organize management, utilization, and financing between all the partners. This chapter intends to shed light on the complex legal system governing the ISS and to point out the novelties of the IGA-Structure in comparison with the conventional body of international space law.

Jewish and Roman Law: A Study in Interaction

2020 ◽  
pp. 379-393
Author(s):  
Haym Soloveitchik
Keyword(s):  
Geographical Distribution ◽  
Twelfth Century ◽  
The Other ◽  
Roman Law ◽  
Jewish Law ◽  
Jewish Literature ◽  
Other Hand ◽  
New Information ◽  
Shed Light

This chapter discusses the laws regulating usury (ribbit). In the course of studying ribbit, more specifically, the problem of personal surety in usury contracts, certain peculiar developments in Provençal halakhic thought came to the author's attention which were not explainable by indigenous forces. The geographical distribution of the discussion seemed oddly disproportionate, the fictions too blatant, the types of problem that were raised seemed inappropriate for the period, and the terminology was occasionally alien. The author was compelled to look outside Jewish law for possible stimuli. Placing the Jewish developments within the context of twelfth-century Provençal law shed light on a number of seemingly inexplicable points. The Jewish literature, on the other hand, provided new information about the Gentile law of the time and yielded fresh corroboration for theories of the penetration of Roman law in Provence. However, at the same time this material seemed to point to an earlier date for certain legal developments than is generally accepted. It is these findings that the author wishes to bring to the attention of the scholars of Provençal law.

Israeli Law and Jewish Law — Interaction and Independence: A Commentary

1990 ◽  
Vol 24 (3-4) ◽  
pp. 525-536
Author(s):  
Eliav Shochetman
Keyword(s):  
Legal System ◽  
Case Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Jewish Law ◽  
Major Question ◽  
Political Reality ◽  
The World ◽  
State Of Israel ◽  
Opening Section

The focus of the article written by my colleague, Prof. Brahyahu Lifshitz, was the extent of the influence of Jewish law on the legal system of the State of Israel during the forty years since its establishment. In my view, a symposium on “Forty Years of Israeli Law” ought also to include a study of the innovations and developments which have taken place within Jewish law during this period, since to a certain extent, Jewish law is an integral part of Israeli law. A comprehensive analysis of this issue is clearly beyond the scope of this paper. Nevertheless, one major question should be dealt with, i.e. to what extent does the legal system of the State find expression in modern Rabbinical case law? Has the new political reality of statehood, achieved after many centuries of exile, and the ramifications of this reality in the field of law, in any way affected modern Rabbinic decisions in the years following the establishment of the State—decisions which are meant to reflect the changes and developments that have taken place in the world of Jewish law?In the opening section of his article, Prof. Lifshitz describes the influence of Israeli law upon Jewish law in the following terms: The generally accepted view is that Jewish law does not respond to, nor is shaped by, developments in the legislative or judicial organs of the State of Israel.

Israeli Law and Jewish Law — Interaction and Independence

1990 ◽  
Vol 24 (3-4) ◽  
pp. 507-524 ◽  
Author(s):  
Brahyahu Lifshitz
Keyword(s):  
Legal System ◽  
Point Of View ◽  
The Other ◽  
Jewish Law ◽  
Positive Law ◽  
Social Nature ◽  
Two Systems ◽  
The One ◽  
The Relationship

Jewish law is an independent legal system embracing most of the subjects to be found in any system of positive law. The hopes and efforts of many people notwithstanding, Israeli law is not identical to Jewish law, nor does it constitute one of its branches. The generally accepted view is that Jewish law is not influenced, nor affected in any way, by the acts of the Israeli legislature or judiciary. There is, however, little doubt that to a certain extent, Israeli law is influenced by Jewish law. It is therefore a legitimate exercise to discuss the nature of the relationship between the two systems from the point of view of Israeli law. We may also comment upon the amount of satisfaction or disappointment which may legitimately be felt, on the one hand, by those in favour of reinforcing the relationship between the two systems and making it stronger and more active and, on the other, by those opposed to such a relationship. It should also be observed that the interrelationship between Israeli and Jewish law is not only to be perceived from the standpoint of pure law. Any discussion of this question involves issues of a political, religious and social nature; a study focussing on the bare legal facts alone would provide a necessarily distorted picture.

Provocative Wealth: Non-Muslim Elites in Eighteenth-Century Aleppo

2010 ◽  
Vol 14 (3) ◽  
pp. 219-237
Author(s):  
Maurits van den Boogert
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Legal System ◽  
18Th Century ◽  
Government Officials ◽  
The Status ◽  
Common Notion ◽  
The Common ◽  
Shed Light

AbstractIn the Western sources, the Ottoman legal system is often portrayed as unreliable and incidents of Europeans or Ottoman protégés of Western embassies and consulates who claimed to have been maltreated abound. These reports strengthened the common notion in Europe that Ottoman government officials were rapacious and corrupt. The article challenges these views by analyzing two incidents from 18th-century Aleppo, which shed light not only on the dynamics of Ottoman-European relations on the ground, but also on the status of non-Muslim elites in the Ottoman Empire.

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