Suchergebnisse

Department of Political Studies ; Report written by Rackman and published by Bar-Ilan University on the subject of theocentricity and its place in Jewish law. ; No date specified

Organized as a series of authoritative discussions, this book presents the application of Jewish law - or Halakhah - to contemporary social and political issues. Beginning with the principle of divine revelation, it describes the contents and canons of interpretation of Jewish law. Though divinely received, the law must still be interpreted and "completed" by human minds, often leading to the conundrum of divergent but equally authentic interpretations. Examining topics from divorce to war and from rabbinic confidentiality to cloning, this book carefully delineates the issues presented in each case, showing the various positions taken by rabbinic scholars, clarifying areas of divergence, and analyzing reasons for disagreement. Written by widely-recognized scholars of both Jewish and secular law, this book will be an invaluable source for all who seek authoritative guidance in understanding traditional Jewish law and practice. ; https://larc.cardozo.yu.edu/faculty-books/1023/thumbnail.jpg

Is copyright a property right? That question raises a host of thorny theoretical issues regarding the foundational underpinnings of both copyright and property. The notion that if copyright is "property," it will or should resemble a perpetual, absolute, pre-political property right, has repeatedly infused judicial proceedings, legislative enactments, and public debate in both common law and civil law countries as well. Like their common law and civil law counterparts, Jewish law jurists have engaged in protracted debate about whether copyright is a property right. Recent decades have seen numerous rabbinic court decisions, responsa (rulings in disputes or advisory opinions coupled with a lengthy exegesis on Jewish law in answer to questions posed), scholarly articles, and blog entries on such issues as whether it is permissible, without license from the author or publisher, to republish a book after the rabbinic printing privilege has expired; to copy and distribute software or sound recordings; to perform music in wedding halls; to make copies for classroom use; and to download songs from the Internet. And like in secular law, but for somewhat different reasons, the characterization of copyright as "property" has significant doctrinal consequences for resolution of these controversies in Jewish law. There are numerous, and at times profound, differences in the terminology, form of argument, doctrinal specifics, and overarching legal framework of Jewish law and secular law in this area and others. Nonetheless, the arguments within the Jewish law debate have some intriguing parallels with those of secular law copyright. In fact, one finds the direct, if largely unstated, influence of secular copyright just below the surface in the debate about whether copyright is property in Jewish law.

edited by Walter Jacob ; Includes bibliographical references ; Introduction -- Judaism, Christianity, and Islam on war ; Torture, terrorism, and the Halakhah ; Martyrdom for the sake of heaven ; Some thoughts on redeeming captives ; Is Jewish pacifism legitimate? ; Fighting in national armies ; Fighting in the Israeli Army ; Selected responsa ; On the redemption of captives ; Ransoming a kidnaped executive ; Concealing Jewish identity ; Jewish lawyer and terrorists ; Wearing a sword ; Use of the "Lord's Prayer" by a soldier ; Wearing a cross ; Volunteering for the military chaplaincy ; The conscientious objector ; Pacifism and Judaism.

The Woodchopper revisited : on analogy, Halakhah, and Jewish bioethics / Mark Washofsky -- "An Ounce of Prevention, A Pound of Cure" : preventive surgery as legitimate medicine / Audrey R. Korotkin -- Compulsory testing for HIV and other infectious diseases / Jonah Sievers -- Changing views of health care delivery / Walter Jacob -- Selected responsa : Dangers of surgery correcting congenital craniofacial malformations -- Banks for human organs -- AIDS and free needles for drug addicts -- Taharah and AIDS -- Jewish involvement in genetic engineering -- Patenting genetic engineering ; edited by Walter Jacob ; Includes bibliographical references ; Medical frontiers and Jewish law

© 2016 British Society for Middle Eastern Studies Democracy is supposed to allow individuals the opportunity to follow their conception of the good without coercion. Generally speaking, Israel gives precedence to Judaism over liberalism. This article argues that the reverse should be the case. In Section I it is explained what the Halachic grounds for discrimination against women are. Section II concerns the Israeli legal framework and the role of the family courts. Section III considers Israeli egalitarian legislation and groundbreaking Supreme Court precedents designed to promote gender equality. Section IV analyses inegalitarian manifestations of Orthodox Judaism in Israeli society today, especially discriminatory practices in matters of personal status. It is argued that Judaism needs to adopt gender equality because of Israel's commitment to human rights. Israeli leaders should strive to close the unfortunate gap between the valuable aims and affirmations voiced in the 1948 Declaration of Independence and the reality of unequal political and social rights for women.

Added t.-p. and text in Hebrew. ; I. The existence of God.--II. The Mosaic law.--III. The improved law of Ezra.--IV. The Talmudic systems.--V. The social and political laws. ; Mode of access: Internet.

The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

The law (nomos) functions as a central piece of Paul's argument in the second chapter of his letter to the community in Rome. Throughout his argument Paul's references to nomos carry such complexity that there is significant disagreement about how to understand this nomos. On the one hand, scholars debate over the degree to which Greco-Roman conceptions of nomos shape the understanding of nomos present in Romans 2. On the other hand, Paul appears to have the Jewish law in mind, and there is no consensus about how Paul conceives of the Jewish law in his argument, given the similarities with Greco-Roman conceptions of nomos. In this dissertation, I attempt to explain the conception of nomos in Romans 2. I begin in chapter one by isolating three central components of Paul's conception of nomos: (1) it is universal, (2) its instruction applies to Gentiles--they are capable of doing "the things of the law," (3) it is somehow particularly Jewish. To explain this complex conception of nomos I propose to focus on explanations of the Jewish law found in Second Temple Diaspora Jewish literature which participates in a common political-ethical discourse within the Greco-Roman world. Chapter two outlines a "grammar" of nomos among Greek and Roman writers, and it focuses on how expressions of universal and transcendent nomos grew out of problems with particular nomos. Chapter three discusses the relation between particular and transcendent nomos and the ethical claims that Greek and Roman writers made on the basis of the common nomos discourse in order to elevate Greek or Roman ways of life as most virtuous. Chapter four investigates important Diaspora Jewish writers who participate in this common web of discourse in their attempts to explain and interpret the Jewish law and elevate it as the most virtuous. In chapter five I interpret Romans 2, arguing that Paul makes use of elements common to the Diaspora Jewish explanations of the law to argue that both Jews and Gentiles are indeed equal in that neither group lives up to ...

Jewish scholars and commentators address various social issues and public policies from a Jewish perspective. Designing public policies to meet the needs of a diverse society is challenging, and the variety of necessary perspectives are often clouded by competing ideas about social responsibility, personal freedom, religious beliefs, and governmental intervention. Here, prominent Jewish scholars and commentators address various social issues and public policies from a Jewish perspective, using Jewish sources and documents to elucidate responses and propose solutions that are in keeping with Jewish law as set out by the major documents of the Jewish faith. ; https://scholarship.law.edu/fac_books/1034/thumbnail.jpg

This article revisited the issue of Jesus' attitude towards the Torah on the basis of a critical discussion of the most recent extensive treatment of the theme by Meier in his A marginal Jew: Rethinking the historical Jesus: Volume four: Law and love (2009). It engaged Meier's contribution in the light of contemporary research, concluding that, whilst Meier provided an erudite analysis, his thesis that Jesus' teaching on divorce and oaths revoked Mosaic law did not convince, for it did not adequately consider the extent to which the contemporary interpretation of the Torah could encompass such radicalisation. ; http://www.hts.org.za

"First published in 1904." ; Includes bibliographical references. ; Mode of access: Internet.

This paper asks the question: what is the meaning of Jewish Fundamentalism today? It tells the story of Jewish Fundamentalism as an exceptional phenomenon in current Jewish history which revolves around the matter of the Biblical idea of the Promised Land and it presents the matter of the Promised Land as a complex theological issue which splits Judaism when Fundamentalism is the dominant force. We are talking therefore about a peculiar Jewish Religious movement that strangely enough contradicts Orthodox Judaism; an unusual situation that requires elaboration. Furthermore, this paper makes a distinction between Orthodox Judaism and Fundamentalism. The paper claims that Jewish Fundamentalism contrasts the Jewish State, opposes its law, and actually maintains its autonomy as a powerful political force that is ready to reject the State's law regarding the issue of the Land.

Events occurring this week have been sponsored by: Cardozo Criminal Law Society (CCLS) Cardozo Cross-Border Practice Society Cardozo Entertainment Law Society Cardozo South Asian Law Students Association (SALSA) Chabad at Cardozo Floersheimer Center for Constitutional Democracy Jewish Law Students Association (JLSA) Latin American Law Student Association (LALSA) New York Intellectual Property Law Association (NYIPLA) Suspension Representation Project United States Patent and Trademark Office Women Entrepreneurs NYC