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Crime and Punishment in Jewish Law: Essays and Response »

Book cover image of Crime and Punishment in Jewish Law: Essays and Response by Walter Jacob

Authors: Walter Jacob, Moshe Zemer
ISBN-13: 9781571811974, ISBN-10: 1571811974
Format: Hardcover
Publisher: Berghahn Books, Incorporated
Date Published: October 1999
Edition: (Non-applicable)

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Author Biography: Walter Jacob

Book Synopsis

The Bible presents only a small portion of the laws necessary for a state to function. Nevertheless, whole tractates of the Talmud discuss a wide variety of legal issues both civil and criminal. Although the jurisdiction of the beth din was limited in every land where Jews have lived, the scholars felt that it was important to develop a system which dealt with every aspect of life. Quite a few of the issues were discussed at a purely theoretical level. But faced with specific problems in their respective communities, the rabbinic scholars were forced to be practical and go beyond the traditional halakhah in order to protect the community. This mixture of idealism and reality shape the later rabbinic discussions, some elements of which have been incorporated into modern Israeli law, but also shape modern Jewish thinking in the Diaspora. This area of the halakhah has been rather neglected, but this volume will no doubt stimulate further research. Contents: S. M. Passamaneck, The Concept of Crime in the Jewish Tradition—L. Kravitz, What is Crime—C. Librach, Assisting the Guilty: Halakhic Considerations—W. Jacob, What is Punishment?—R. A. Block, Capital Punishment—M. Zemer, Religious Extremism and Violence—Selected Responsa. Published in Association with the Solomon B. Freehof Institute of Progressive Halakhah

Table of Contents

Acknowledgmentsviii
Introductionix
Part 1Essays
Chapter 1The Concept of Crime in the Jewish Tradition3
Chapter 2What Is Crime?22
Chapter 3Assisting the Guilty: Halakhic Considerations34
Chapter 4Punishment: Its Method and Purpose45
Chapter 5Capital Punishment64
Chapter 6Confrontation of Halakhah and Religious Violence74
Part 2Selected Reform Responsa
Professional Secrecy and an Illegal Act91
Damages for a Physician's Error93
Suing the Rabbi94
Malpractice Suits Against Rabbis96
Confidential Information99
Testimony Against a Family Member100
Informing on Others in Criminal Activities102
Electronic Eavesdropping and Jewish Law103
Disinterment for Legal Evidence107
Insanity in Criminal Cases109
Unknown Defect in Building Material110
Freeing Hostages113
Jewish Lawyers and Terrorists114
Punishment of Minors116
Memorializing a Known Criminal117
Garnisheeing Wages118
Muggers and Money on Sabbath120
Collecting Synagogue Pledges through the Civil Courts123
Synagogue Contribution from a Criminal126
A Criminal as a Member of the Congregation129
An Unworthy Man Called to Torah132
Contributors138

Subjects