A Living Tree: The Roots and Growth of Jewish LawSUNY Press, 1 Oca 1988 - 602 sayfa 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. |
İçindekiler
Introduction | 2 |
B The Structure And Methods Of This Book | 4 |
C Who Are The Jews? | 6 |
D Common Misconceptions About Jewish Law | 13 |
Biblical Law | 16 |
B Fundamentalist And Historical Approaches To The Bible | 20 |
C The Structure And Contents Of The Bible | 21 |
D The Biblical Law Codes | 25 |
The Response Literature | 303 |
FrancoGermany And Spainnorth Africa | 319 |
The Aharonim Of The Eastern Mediterranean And Eastern Europe | 327 |
America Four Movements Four Conceptions Of Jewish Law | 337 |
Israel | 363 |
Codes | 366 |
B The Literature Of Jewish Codification | 369 |
C Pros And Cons Of Codification | 376 |
The Biblical Law of Injury | 38 |
B The Code Of Hammurabi | 44 |
C The Hittite Laws | 46 |
Biblical Jurisprudence | 49 |
B Biblical Methods Of Resolving Disputes | 54 |
The Covenant | 82 |
D Reasons For Obeying The Law | 93 |
The Relationship Between Moral Norms And Gods Word | 110 |
Adapting Divine Law To New Circumstances | 123 |
Rabbinic Law of Injuries | 133 |
A An Overview Of The History And Literature Of The Second Temple And Rabbinic Periods | 134 |
B Midrash Halakhah | 145 |
C Mishnah | 152 |
D California Jury Instructions | 160 |
Bava Kamma 83b84a 85a86a 86b 90b | 165 |
F Sectarian Laws Of Injuries | 179 |
The Oral Torah Rabbinic Exegesis and Oral Traditions | 185 |
Exegesis And Its Justification | 187 |
The Methods And Use Of Exegesis | 198 |
The Oral Tradition | 213 |
D Continuity and Change | 223 |
Opposition Movements in Jewish Legal History | 227 |
The Authority and Morality of the Tradition | 246 |
B Law And Morality | 249 |
Rabbinic Court Procedures | 258 |
B Systems Of Proof And Rules Of Evidence | 275 |
C Problems With Using Courts | 286 |
D ALTERNATIVES TO COURTS | 293 |
Maimonides On Personal Injuries | 395 |
Legislation Takkanot | 402 |
Mishneh Torah Laws Of Rebels mamrim | 407 |
C Takkanot Of Rabbenu Tam R Jacob B Meir c 11001171 | 414 |
Custom Minhag | 421 |
B The Interactions Between Custom And Law | 425 |
C Justifying The Authority Of Custom | 429 |
The Interaction Between Jewish Law and Common Law | 435 |
Marriage | 439 |
The Nature of Marriage in Jewish and American Law | 442 |
B The Contractual Element Of Marriage In Civil Law | 454 |
C The Social Element In Jewish Marriage | 467 |
D The Sacred Element In Jewish Marriage | 492 |
Conflicts and Choice of Law I Jewish Recognition of Civil Marriage and Divorce | 512 |
B Rabbinic Choice Of Law | 514 |
C Dina Demalkhuta Dina And The Traditional Refusal To Recognize Civil Divorce | 515 |
D The Operation Of Jewish Marital Law Within The Context Of Binding Civil Marital Law | 523 |
Conflicts and Choice of Law II Civil Recognition of Jewish Marriage and Divorce | 546 |
Epilogue The Future of Jewish Law | 564 |
B The United States | 566 |
C Limits On Jewish Law | 567 |
TimeLine on Jewish Law | 571 |
Books of the Hebrew Bible Tanakh | 573 |
The Structure of the Mishnah | 575 |
| 579 | |
| 595 | |
Diğer baskılar - Tümünü görüntüle
A Living Tree: The Roots and Growth of Jewish Law Elliot N. Dorff,Arthur Rossett Sınırlı önizleme - 2012 |
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