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Living Tree The Roots and Growth of Jewish Law

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ISBN-10: 0887064604

ISBN-13: 9780887064609

Edition: N/A

Authors: Elliot N. Dorff, Arthur Rossett

List price: $36.95
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This book examines biblical and rabbinic law as a coherent, continuing legal tradition. It explains the relationship between religion and law and the interaction between law and morality. Abundant selections from primary Jewish sources, many newly translated, enable the reader to address the tradition directly as a living body of law with emphasis on the concerns that are primary for lawyers, legislators, and judges. Through an in-depth examination of personal injury law and marriage and divorce law, the book explores jurisprudential issues important for any legal system and displays the primary characteristics of Jewish law.A Living Tree will be of special interest to students of law and…    
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Book details

List price: $36.95
Publisher: State University of New York Press
Publication date: 12/15/1987
Binding: Paperback
Pages: 618
Size: 6.25" wide x 9.25" long x 1.00" tall
Weight: 1.848
Language: English

Preface
Acknowledgments
The Literature and Methods of Jewish Law
Introduction
The Origins and Aims of This Book
The Structure and Methods of This Book
Who Are the Jews?
Common Misconceptions About Jewish Law
Topic 1
The Biblical World
Fundamentalist and Historical Approaches to the Bible
The Structure and Contents of the Bible
The Biblical Law Codes
Topic 2
The Covenant Code's Treatment of Personal Injury
The Code pf Hammurabi
The Hittite Laws
Topic 3
Law and World View
Biblical Methods of Resolving Disputes
The Source of the Law and Legal Obedience: The Covenant
Reasons for Obeying the Law
Law and Justice in the Bible: The Relationship Between Moral Norms and God's World
Biblical Law and Change: Adapting Divine Law to New Circumstances
Topic 4
An Overview of the History and Literature of the Second Temple and Rabbinic Periods
Midrash Halakhah
Mishnah
California Jury Instructions
Gemara on Injuries
Sectarian Laws of Injuries
Topic 5
Two Ways of Dealing with a Fixed Text I: Exegesis and Its Justification
Two Ways of Dealing with a Fixed Text I: The Methods and Uses of Exegesis
Two Ways of Dealing with a Fixed Text II: The Oral Tradition
Continuity and Change
The Limits of the Flexibility of the Text and the Tradition: Opposition Movements in Jewish Legal History
The Authority and Morality of the Tradition
The Basis for Obedience of the Law
Law and Morality
Rabbinic Court Procedures
The Structure and Jurisdiction of Courts
Systems of Proof and Rules of Evidence
Problems with Using Courts
Alternatives to Courts
The Repsonsa Literature
The Talmudic and Geonic Periods: Hesitant Beginnings
The Eleventh to Fifteenth Centuries: Franco-Germany and the Spain-North Africa
The Sixteenth to Twentieth Centuries: The Aharonim of the Eastern Mediterranean and Eastern Europe
World War II - Present: America: Four Movements, Four Conceptions of Jewish Law
World War II - Present: Israel
Codes
The Types of Codes and Their Use
The Literature of Jewish Codification
Pros and Cons of Codification
Example of Codification: Maimonides on Personal Injuries
Legislation (Takkanot)
The Nature, Development and Justification of Legislation in Jewish Law
Maimonides on Legislation: Mishneh Torah, Laws of Rebels (Mamrim)
Takkanot of Rabbenu Tam (R. Jacob B. Meir)
Custom (Minhag)
The Recognition of Binding Customs in Jewish and Common Law
The Interactions Between Custom and Law
Justifying the Authority of Custom
The Interaction Between Jewish Law and Common Law
Marriage
The Nature of Marriage in Jewish and American Law
The Contractural Element in Jewish Marriage
The Contractural Element of Marriage in Civil Law
The Social Element in Jewish Marriage
The Sacred Element in Jewish Marriage
Conflicts and Choice of Law I: Jewish Recognition of Civil Marriage and Divorce
Choice of Law in the Common Law
Rabbinic Choice of Law
Dina De-Malkhuta Dina and the Traditional Refusal to Recognize Civil Divorce
The Operation of Jewish Marital Law Within the Context of Binding, Civil Marital Law
Conflicts and Choice of Law II: Civil Recognition of Jewish Marriage and Divorce
Epilogue: The Future of Jewish Law
Jewish Law in Israel
The United States
Limits on Jewish Law
Time-Line on Jewish Law
Books of the Hebrew Bible
The Structure of the Mishnah
Index of Subjects
Index of Sources