The Jewish Law Annual

Author: Berachyahu Lifshitz
Publisher: Taylor & Francis
ISBN: 9789057026195
Format: PDF, Kindle
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A diverse collection of scholarly articles on a variety of topics related to Jewish law. Among the ten articles are two different analyses of the married woman's rights with respect to use of marital property; a study of the principles used by Maimonides in enumerating the precepts; two articles on the question of whether halakhic inferences can be drawn from the interchangeable use of synonymous terms in the Talmud; and a bibliography of the writings of the Boaz Cohen. The chronicle section contains a study of developments pertaining to the litigation surrounding the Kiryas Joel school district and the separation of church and state. The last section of the volume surveys recent literature on biblical and Jewish law.

The Jewish Law Annual Volume 16

Author: Neil S. Hecht
Publisher: Jewish Law Annual
ISBN: 9780415392099
Format: PDF
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Volume 16 of The Jewish Law Annual adds to the growing list of articles on Jewish Law that have been published in volumes 1-15 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains seven articles diverse in their scope and focus, encompassing legal, historic, textual, comparitive and conceptual analysis, as well as a chronicle of cases of interest, and a survey of recent literature. Three of the articles, one of which explores references to Genesis in (western) canon law, make up a special section on the book of Genesis. The other topics covered are: suicide as an act of atonement in Jewish law; early interpretations of the Bible and Talmud as reflecting medieval legal realia; Ashkenazic codifiers in Spain; and authority, custom and innovation in the seventeenth-century Italian halakhic encyclopedia, Pahad Yitzhak.

The Jewish Law Annual Volume 16

Author: Neil S. Hecht
Publisher: Taylor & Francis
ISBN: 9780415392099
Format: PDF, ePub, Docs
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This collection adds to the growing list of articles on Jewish law that have been published in volumes 1-15 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards.

Jewish Law Annual

Author: Benjamin Porat
Publisher: Routledge
ISBN: 1317291662
Format: PDF, ePub
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Volume 21 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1- 20 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law.

Jewish Law Annual

Author: Berachyahu Lifshitz
Publisher: Routledge
ISBN: 1136013768
Format: PDF, Kindle
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Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three ‘methodological’ articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner’s article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction. Two articles discuss contemporary dilemmas. Spira & Wainberg consider the hypothetical scenario of triage of an HIV vaccine, analyzing both the talmudic sources for resolving issues related to allocating scarce resources, and recent responsa. Warburg discusses the status of civil marriage and cohabitation vis-à-vis payment of spousal maintenance: can rabbinical courts order such payment? Schreiber’s article addresses the question of whether privacy is a core value in talmudic law: does it indeed uphold a ‘right to privacy,’ as recent scholars have claimed? The volume concludes with a review of Yuval Sinai’s Application of Jewish Law in the Israeli Courts (Hebrew).

The Jewish Law Annual

Author: Bernard S. Jackson
Publisher: Taylor & Francis
ISBN: 9789057025518
Format: PDF, Mobi
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Most bioethicists concern themselves with common law when considering the mores that inform practitioners operating in the framework of medical institutions. These questions are generally addressed from the perspective of secular ethics. Many Jewish physicians, however Contributors to this volume address medical issues such as organ transplantation, physician's fees, new reproductive technologies, informed consent, and medical confidentiality in the context of Jewish law. Jewish thought is presented as of great relevance to both the history of medical ethics and contemporary medico-legal issues. The volume concludes with a chronicle of Jewish Law in the State of Israel and a survey of recent literature.

The Jewish Law Annual Volume 18

Author: Berachyahu Lifshitz
Publisher: Taylor & Francis
ISBN: 0415574048
Format: PDF, Mobi
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Volume 18 of The Jewish Law Annual contains six comprehensive articles on various aspects of Jewish law. Three articles address family law. One addresses the painful issue of the plight of the wife whose husband withholds conjugal relations. In a marriage where relations are withheld, the wife may seek a divorce, while her husband may withhold divorce. Prolonged withholding of divorce renders the wife an agunah, that is, a wife chained to a dead marriage and unable to start anew and rebuild her life. The author explores the halakhic feasibility of allowing a wife in such a predicament to bring a claim for damages against her husband for infliction of mental distress. If such claims are allowed, recalcitrant husbands may rethink their intransigence and consent to grant the divorce. Another article examines the evolution of halakhic thinking on the parentâe"child relationship. It traces the stages by which halakhic family law changed from a basically patriarchal system in which both mother and the child were deemed subject to the fatherâe(tm)s will, to a more balanced system where wife and husband have equal standing with respect to custody matters, and the best interest of the child is the main consideration in custody proceedings. In another article, halakhic attitudes to corporal punishment of children are analyzed. The author explores whether the "Spare the rod and spoil the child" adage, which is based on a verse from Proverbs, indeed reflects the position of Jewish law. He shows that in fact, while recourse to corporal punishment for educational purposes is permitted--subject to detailed qualifications that greatly limit its scope--two divergent approaches to corporal punishment can be discerned in the halakhic sources. One maintains that administration of corporal punishment can be a useful pedagogic tool of last resort, whereas the other seeks to minimize recourse to corporal punishment in the educational context, questioning its efficacy. The article shows that in any event, the notion that corporal punishment is required by the law, as some, invoking the "spare the rod" maxim, have maintained, is by no means borne out by the halakhic literature. The volume also features a fascinating article on the history of two societies founded in London to further the study of Jewish law using modern scholarly methodologies. One society was active at the end of the 1920s and beginning of the 1930s, the second was active a decade later. The article explains the background to the establishment of the societies and analyzes the societiesâe(tm) objectives, leaders and memberships. Both societies were founded with the intention of reformulating the classic halakhic sources in a manner that would render them suitable for contemporary application in the nascent Jewish state. But as the author shows, ultimately much of their energy was devoted to presenting the said sources to the non-Jewish legal world, for the purpose of reciprocal enrichment and edification. Rounding out the volume are two jurisprudential studies on classic legal problems. The first explores the prohibition against seeking a second legal ruling when a ruling declaring something forbidden has been handed down. What is the scope of this rule, and in what ways does it differ from the res judicata principle in western law? The author shows that both procedural and substantive readings of the prohibition were put forward in the talmudic commentaries, and explains the jurisprudential implications of these different readings. The second article examines the question of the agent who breaches his principalâe(tm)s trust, focusing on the case of the agent who executes the act he was sent to carry out, but does so for himself, rather than his principal. To what extent is he liable for ensuing damages to the principal, and is his act invariably deemed reprehensible? Another issue is the legal status of the transaction carried out by such an agent. Do the rights and obligations generated by the transaction accrue to the agent, or to the principal? And how are determinations as to the status of the transaction to be made? Is the testimony of an unfaithful agent, or one who has deviated from his mandate, deemed trustworthy? Is any role played by third parties, such as vendors, in determining the status of the transaction?

The Jewish Law Annual

Author: Bernard Jackson S
Publisher: Routledge
ISBN: 1134959427
Format: PDF, Kindle
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Volume 15 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-14 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains six articles diverse in their scope and focus, encompassing legal, historical, textual, comparative and conceptual analysis, as well as a survey of recent literature and a chronicle of cases of interest. Among the topics covered are: lying in rabbinical court proceedings; unjust enrichment; can a witness serve as judge in the same case?; Caro's Shulham Arukh v. Maimonides' Mishne Torah in the Yemenite community, the New Jersey eruv wards.

Jews in Italy Under Fascist and Nazi Rule 1922 1945

Author: Joshua D. Zimmerman
Publisher: Cambridge University Press
ISBN: 9780521841016
Format: PDF, ePub, Docs
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The Jews of Italy under Fascist and Nazi Rule, 1922-1945 brings to light the Italian-Jewish experience from the start of Mussolini's Prime Ministership through the end of the Second World War. Essays collected in this volume each illustrate a different aspect of Italian Jewry under fascist and Nazi rule. Areas of inquiry include the role of the Catholic Church with special reference to Pope Pius XII, Mussolini's attitude and anti-Jewish policies leading to the onset of the 1938 Italian racial laws, and the Italian popular reactions to ...

The Israel Lobby and U S Foreign Policy

Author: John J. Mearsheimer
Publisher: Farrar, Straus and Giroux
ISBN: 9781429932820
Format: PDF, Docs
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The Israel Lobby," by John J. Mearsheimer of the University of Chicago and Stephen M. Walt of Harvard's John F. Kennedy School of Government, was one of the most controversial articles in recent memory. Originally published in the London Review of Books in March 2006, it provoked both howls of outrage and cheers of gratitude for challenging what had been a taboo issue in America: the impact of the Israel lobby on U.S. foreign policy. Now in a work of major importance, Mearsheimer and Walt deepen and expand their argument and confront recent developments in Lebanon and Iran. They describe the remarkable level of material and diplomatic support that the United States provides to Israel and argues that this support cannot be fully explained on either strategic or moral grounds. This exceptional relationship is due largely to the political influence of a loose coalition of individuals and organizations that actively work to shape U.S. foreign policy in a pro-Israel direction. Mearsheimer and Walt provocatively contend that the lobby has a far-reaching impact on America's posture throughout the Middle East—in Iraq, Iran, Lebanon, and toward the Israeli-Palestinian conflict—and the policies it has encouraged are in neither America's national interest nor Israel's long-term interest. The lobby's influence also affects America's relationship with important allies and increases dangers that all states face from global jihadist terror. Writing in The New York Review of Books, Michael Massing declared, "Not since Foreign Affairs magazine published Samuel Huntington's ‘The Clash of Civilizations?' in 1993 has an academic essay detonated with such force." The publication of The Israel Lobby and U.S. Foreign Policy is certain to widen the debate and to be one of the most talked-about books in foreign policy.