scholarly journals The Power of Blood: The Many Faces of Women's Monthly Menses in Jewish Law and Beyond

2021 ◽  
Vol 41 (1) ◽  
pp. 169-79
Author(s):  
Pamela Laufer-Ukeles
Keyword(s):  
Personal Perspective ◽  
Jewish Law ◽  
Legal Systems ◽  
Biological Difference ◽  
Cultural Impacts ◽  
The Many ◽  
Holistic Vision

Menstruation has many faces. This Essay will discuss competing narratives relating to menstruation as portrayed in Jewish law and culture, and assess the implications of such narratives for modern legal systems. These narratives depict menstruation in all its contradictions — as taboo and power, as health and imperfection, and as reflecting biological difference but not inequality. Each narrative will be discussed from a textual, legal, communal and, occasionally, personal perspective, conveying different meanings that have different cultural impacts, modern applications and reflect different aspects of the quest for equality. Together, these narratives provide a holistic vision of womanhood that resists simplification. Acknowledging that not only women menstruate, in this Essay I refer to women as those who menstruate because this is the category associated with menstruation used in Jewish law and it is the complexity of womanhood revealed by Jewish law and culture that I address. These four faces of menstruation are not characterized as positive or negative in and of themselves; rather, I analyze them each on their own terms, discussing how they may impact women in both negative and positive ways. The variability of these narratives demonstrates the need for women to shape their own narratives around their bodies in order to empower themselves within their communities. Moreover, the multiplicity of faces that menstruation involves, and the different ways that femininity can therefore impact womanhood, counsels promoting menstrual justice in a variety of ways, and from a variety of perspectives, creatively empowering women by recognizing their individual complexity. In Jewish law, menstruation engenders impurity, authority, fertility, and biological difference, and each of these faces of womanhood will be discussed in turn.

Talmud Diagrams

2014 ◽  
pp. 272-294
Author(s):  
Israel Ury
Keyword(s):  
Graphical Representations ◽  
Jewish Law ◽  
Age Group ◽  
Legal Systems ◽  
Legal Opinions ◽  
Basic Source ◽  
Legal Arguments ◽  
To Receive

The Talmud, as the basic source of Jewish law and thought, continues to receive the attention of scholars and students from a wide age group. Study of the Talmud is complicated by its complex and involved legal arguments. Talmud Diagrams are designed to be easy to read graphical representations of the logic of the Talmud that aid its comprehension and retention. In particular, Talmud Diagrams are maps of legal opinions that consist of rulings on a set of related cases. Passages in the Talmud are represented by a series of Talmud Diagrams that portray the evolution of the legal opinions, challenges, and resolutions. The principle of a fortiori is embedded within the structure and formation rules of Talmud Diagrams, allowing the use of Talmud Diagrams to be extended to other legal systems where a fortiori applies.

Ethics, the antiquities trade, and archaeology

1998 ◽  
Vol 7 (1) ◽  
pp. 128-131 ◽  
Author(s):  
J Ede
Keyword(s):  
Historical Review ◽  
Black Market ◽  
Archaeological Sites ◽  
Legal Systems ◽  
Archaeological Materials ◽  
Long Time ◽  
Antiquities Trade ◽  
The Many

This article presents the perspective of a long-time dealer in ancient art and antiquities on the many attacks on the antiquities trade. After a brief historical review of collecting and the different national approaches to control of export of archaeological materials, the author presents an analysis of why the more draconian of the legal systems defeat their intended purposes and are themselves unethical in that they promote the destruction of archaeological sites and the black market in antiquities.

scholarly journals The Legal Pluralism in Law Education in Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 1-5
Author(s):  
Rahmat Bin Mohamad ◽  
I Wayan Rideng
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Issues ◽  
Legal Pluralism ◽  
Legal Culture ◽  
Legal Systems ◽  
Legal Compliance ◽  
Normative Study ◽  
History Of ◽  
The Many

This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.  

Comparative Law

2019 ◽  
Author(s):  
Uwe Kischel
Keyword(s):  
Islamic Law ◽  
Comparative Law ◽  
Customary Law ◽  
Jewish Law ◽  
Legal Systems ◽  
European Union Law ◽  
Legal Scholarship ◽  
Lex Mercatoria ◽  
Legal Contexts ◽  
General Aspects

This translation of Rechtsvergleichung offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and give a practitioner’s angle on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France as well as case studies of Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), Asian jurisdictions, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

Halacha and Law

2009 ◽  
Author(s):  
B. S. Jackson ◽  
B. Lifshitz ◽  
Alyssa M. Gray ◽  
Daniel B. Sinclair
Keyword(s):  
Jewish Law ◽  
Legal Systems ◽  
Academic Study

The academic study of ‘halacha’, like its traditional study in the yeshiva, is far broader than the study of ‘Jewish law’. The halacha, in both its scope and concerns, goes well beyond the scope and concerns of that section of it which has counterparts in secular, Western legal systems. For the purposes of this article, ‘Jewish law’ is that latter subsection of the halacha, a subsection moreover which has attracted the particular attentions of scholars trained in secular jurisprudence. This article surveys trends in the field, in relation to both halacha and Jewish Law, in terms of the fourfold division — historical, dogmatic, comparative, and philosophical.

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.

The Role of Non-Arab Converts in the Development of Early Islamic Law

1999 ◽  
Vol 6 (3) ◽  
pp. 293-317 ◽  
Author(s):  
Harald Motzki
Keyword(s):  
Eleventh Century ◽  
Islamic Law ◽  
Formative Period ◽  
Considerable Importance ◽  
Jewish Law ◽  
Legal Systems ◽  
Western Scholarship ◽  
Arab Descent ◽  
Early Islamic

AbstractWestern scholarship has attached considerable importance to the role played by scholars of non-Arab descent in the formative period of Islamic law and jurisprudence. This view can be challenged. In a sample taken from a biographical collection of important legal scholars compiled in the fifth/eleventh century, "true" Arabs constituted the majority; three quarters of the non-Arab scholars had an eastern background and came from the regions of the former Sassanian empire; and only a few scholars had clearly Christian or Jewish roots. This result lends no support to the assumption that jurists of non-Arab descent brought solutions from their natal legal systems — Roman, Roman provincial and Jewish law — to early Islamic law.

Defensive Force as an Act of Rescue

1990 ◽  
Vol 7 (2) ◽  
pp. 170-179 ◽  
Author(s):  
George P. Fletcher
Keyword(s):  
Third Party ◽  
Jewish Law ◽  
Central Theme ◽  
Legal Systems ◽  
Self Defense ◽  
Way Of Thinking

Jewish law takes an approach to self-defense that differs dramatically from the conventional assumptions of Western secular legal systems. The central theme of Talmudic jurisprudence is that self-defense rests on a duty not to stand idly by while one's neighbor suffers. “Do not stand on the blood of one's neighbor,” as the point is cryptically put in Leviticus 19:16. This way of thinking about self-defense departs in two significant ways from common Western assumptions. First, it stresses that the roots of self-defense are a duty rather than a right to act; second, it treats the case of third-party defense (defense of others) as logically prior to the first-party case of self-defense.

scholarly journals Courts and Proceedings: Some Nordic Characteristics

2021 ◽  
pp. 21-36
Author(s):  
Pia Letto-Vanamo
Keyword(s):  
Conflict Resolution ◽  
Legal Theory ◽  
Nordic Countries ◽  
Court System ◽  
Legal Systems ◽  
Constitutional Courts ◽  
Popular Participation ◽  
The Third ◽  
The Many ◽  
The Relationship

AbstractThis paper will discuss the characteristics of the court system and proceedings in the Nordic countries. The analysis is based on the idea of Nordic legal systems as a group bound both by historical similarities between them and by advanced legal cooperation between different legal actors. First, the main features of socio-legal developments, legal theory and legal practices characterising Nordic legal systems are discussed. Then, ideas, methods and results of cooperation in the field of law are described. ‘Nordicness’ within legal and judicial institutions is highlighted with three examples. The first example concerns popular participation, especially the importance of lay judges. The second example concerns the relationship between the legislator and the judiciary and the non-existence of constitutional courts. Finally, the third example discusses the many modes of conflict resolution typical in the Nordic countries.

Kabbalistic Culture of Eighteenth-century Prague

2010 ◽  
Author(s):  
Sharon Flatto
Keyword(s):  
Eighteenth Century ◽  
Jewish Community ◽  
Jewish Life ◽  
Jewish Law ◽  
Historical Events ◽  
Systematic Overview ◽  
Mystical Tradition ◽  
Critical Account ◽  
Cultural Forces ◽  
The Many

Kabbalah played a surprisingly prominent and far-reaching role in eighteenth-century Prague. This book uncovers the centrality of this mystical tradition for Prague's influential Jewish community and its pre-eminent rabbinic authority, Ezekiel Landau, chief rabbi from 1754 to 1793. A rabbinic leader who is best known for his halakhic responsa collection the Noda biyehudah, Landau is generally considered a staunch opponent of esoteric practices and public kabbalistic discourse. This book challenges this portrayal, exposing the importance of Kabbalah in his work and thought and demonstrating his novel use of teachings from diverse kabbalistic schools. It also identifies the historical events and cultural forces underlying his reluctance to discuss Kabbalah publicly, including the rise of the hasidic movement and the acculturation spurred by the 1781 Habsburg Toleranzpatent. The book offers the first systematic overview of the eighteenth-century Jewish community of Prague, and the first critical account of Landau's life and writings, which continue to shape Jewish law and rabbinic thought to this day. Extensively examining Landau's rabbinic corpus, as well as a variety of archival and published German, Yiddish, and Hebrew sources, the book provides a unique glimpse into the spiritual and psychological world of eighteenth-century Prague Jewry. By unravelling and exploring the many diverse threads that were woven into the fabric of Prague's eighteenth-century Jewish life, the book offers a comprehensive portrayal of rabbinic culture at its height in one of the largest and most important centres of European Jewry.

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