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