A Living Tree: the roots and growth of Jewish law by
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 to Jews curious about the legal dimensions of their tradition. The authors provide sufficient explanations of the sources and their significance to make it unnecessary for the reader to have a background in either Jewish studies or law.
How the Talmud Works by
The Bavli, or Talmud of Babylonia, the foundation-document of Judaism, its law, theology, and exegesis of Scripture, sets forth an orderly world, resting on reason and tested by rationality, all in accord with consistent principles. The document in its coherent intellectual program of inquiry and in its modes of formal cogency embodies that same passion for order, proportion, and rationality that, animates its concrete discussions. Here Neusner spells out the problem of the Bavlis intellectual cogency and formal coherence. He provides in exemplary detail the evidence that sustains that characterization of the writing.
The Babylonian Talmud: A Topical Guide by
The Babylonian Talmud is often cited as the bedrock upon which Judaism stands. And yet, it remains a closed book for the majority of Jews. Since the Talmud's composition does not follow the rules of Western writing, beginning learners are often thwarted in their first attempts to "swim in the sea of Talmud." These modern learners often experience rabbinic literature as a sort of stream-of-consciousness writing that seems to wobble off-track quite frequently. Frustrated, these learners often give up. To understand the Babylonian Talmud (also called the Bavli) readers need to understand its process of composition and the fundamental differences between Western and rabbinic writing styles. Judith Abrams's The Babylonian Talmud: A Topical Guide is a teaching tool and a reference book for those who teach and learn Talmud. It explains the Babylonian Talmud's literary nature and metaphorical meanings.
Jewish Law: History, Sources, Principles by
A Philip and Muriel Berman Edition; Translated from the Hebrew by Bernard Auerbach and Melvin Sykes Justice Menachem Elon's classic text surveys the panorama of Jewish law from biblical times to contemporary Israel. The result is the most definitive record to date of a unique legal system that integrates criminal, civil, and religious law to form a unified whole of unprecedented range. This four-volume set is an essential resource for academic, legal, and personal libraries.
Jewish law (Mishpat Ivri) : cases and materials by 
The Written and Oral Torah by
In The Written and Oral Torah: A Comprehensive Introduction, Rabbi Nathan T. Lopes Cardozo offers those interested in Jewish tradition an explanation of and basic insight into Judaism's classical sources. Containing a diverse selection of material culled from the Talmud and from the writings of many of Judaism's most gifted sages, this extensive volume will be a valuable resource for novice students as well as for those with some background in Torah study.
Jewish Law: bibliography of sources and scholarship in English by
38 specific legal subject categories are covered, & the appendices include sections on Jewish history, community studies, & biographical studies.
Reactions to the law by minority religions by
Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves.
Women's Rights and Religious Law by
The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women's political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women's equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.
Law, Religious Freedoms and Education in Europe by
This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.
Culture and the Judiciary : The Anthropologist Judge by
How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent-child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.
Marriage and Divorce in a Multi-Cultural Context by
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. They are also wrong. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or "covenant marriages?" How should the state respond when couples purport to do these things? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.g its jurisdictional authority with other groups in family law.g its jurisdictional authority with other groups in family law.g its jurisdictional authority with other groups in family law.
Culture in the Domains of Law by
What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.