284 Pages
by
CRC Press
284 Pages
by
CRC Press
Also available as eBook on:
The articles in this volume were originally published in Hebrew in Shenaton Hamishpat Haivri and address Jewish law, both in its own context and in the context of contemporary jurisprudence. Contributions range from discussion of the rabbincal court to the doctrine of binding precedent, and from the basis of judicial authority to the legal defence of ignorance of the law.
Introduction 1 PRECEDENT IN JEWISH LAW 2 THE JUDGE-AGENT ANALOGY IN THE TALMUD 3 THE LEGAL STATUS OF THE RESPONSA LITERATURE 4 THE LAW IS IN ACCORD WITH THE LATER AUTHORITY— Hilkhata Kebatrai: Historical Observations on a Legal Rule 5 ON THE PLACE OF LOGIC (SVARA) IN MAIMONIDES’ CODE 6 EVASION OF THE LAW IN THE TALMUD 7 INADVERTENT ADULTERY (SHGAGA) IN JEWISH LAW: MISTAKE OF LAW AND MISTAKE OF FACT
Biography
Hanina Ben-Menahem, Faculty of Law, The Hebrew University of Jerusalem. Neil S. Hecht, Boston University School of Law, Boston, Massachusetts.
