Jewish Law (Mishpat Ivri): Cases and Materials, 1999
Justice Menachem Elon, Caroline and Joseph S. Gruss Professor of Jewish Legal Studies, New York University School of Law; Bernard Auerbach, Professor of Law, University of Maryland School of Law (retired); Daniel D. Chazin, Esq., Attorney-at-Law, Teaneck, NJ; Melvin J. Sykes, Esq., Attorney-at-Law, Baltimore, MD
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Publisher :Matthew Bender
The first and only casebook on the subject in English, Jewish Law provides insight into a legal system with a long and rich tradition, addressing issues that are relevant today in American law. Its primary focus is on the legal aspects of Jewish law, with emphasis on its historical development. The quoted materials originate from a wide variety of sources, from the Torah and rabbinic responsa, to modern authorities and court opinions written by Justice Elon while serving as a Justice and Deputy President of the Supreme Court of Israel.
Jewish Law encompasses a broad spectrum of subjects, and in sufficient depth that professors can adapt the materials to their individual teaching methods. By combining jurisprudence, comparative law, and practical law in one clear and concise text, this casebook provides background and perspective for students as well as practitioners. It contrasts the treatment of various topics in Jewish law with the approaches taken by other legal systems, such as American, English, and modern Israeli, thereby offering new insights. The translations from Hebrew to English preserve the original flavor of the Hebrew text.
Justice Elon is a legendary figure in Jewish law. He founded and headed the Institute for Research in Jewish Law at the Hebrew University. He was consulted by the Israeli legislature regarding Jewish law issues during the codification of Israeli Civil Law and served as a member of legislative committees. His three-volume treatise, Jewish Law: Ha-Mishpat Ha-Ivri, has become a classic work on the subject in Israel. As a law professor for over 30 years and an ordained rabbi, Justice Elon brings his teaching expertise to this text. His co-authors are also noted and distinguished legal scholars and practitioners, and were the translators of Justice Elons treatise, Jewish Law (Ha-Mishpat Ha-Ivri), into English.
"This is a landmark achievement. It will not only make it vastly easier for those of use who struggle to find suitable materials in English to present to our students, it will provide an excellent resource for scholars It serves to legitimate the work that many professors have performed in this field." Professor Steven F. Friedell, Rutgers Law School
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Part One Basic Characteristics of Jewish Law Chapter 1 Nature and Scope Chapter 2 Law and Religion Chapter 3 The Rule of Law Chapter 4 Law, Justice, and Morality Part Two The System of Jewish Law Chapter 5 The Sources of Law Chapter 6 Interpretation (Midrash) Chapter 7 Legislation (Takkanot) by the Halakhic Authorities Chapter 8 Communal Legislation (Takkanot ha-Kahal) Chapter 9 Custom (Minhag) Chapter 10 Maaseh and Precedent Chapter 11 Legal Reasoning Part Three Selected Topics in Jewish Law Chapter 12 Contracts Chapter 13 Torts Chapter 14 Procedure and Evidence Chapter 15 Criminal Law Chapter 16 Public Law Chapter 17 Adoption Chapter 18 Property Chapter 19 Jurisprudence Chapter 20 Jewish Law and Foreign Law Chapter 21 Jewish Law in the Legal System of the State of Israel Part Four Human Rights Chapter 22 Human Dignity Chapter 23 Personal Liberty Chapter 24 Womens Rights Chapter 25 Freedom of Thought and Speech, Equality, and National and Religious Minorities Chapter 26 Conscientious Objection to Military Service Chapter 27 Privacy and Bodily Integrity Chapter 28 Prisoners Rights Chapter 29 The Right to Be Heard and the Right to Counsel Part Five Bioethics Chapter 30 Basic Principles Chapter 31 Abortion Chapter 32 Artificial Insemination Chapter 33 Euthanasia and the Right to Refuse Treatment Chapter 34 Organ Transplantation Chapter 35 Autopsies Chapter 36 Medical Experimentation Chapter 37 Surrogate Motherhood, In Vitro Fertilization, and Genetic Engineering
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