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Jewish Law and Legal Theory »

Authors: Martin Golding (Editor), Martin P. Golding
ISBN-13: 9780814730492, ISBN-10: 0814730493
Format: Hardcover
Publisher: New York University Press
Date Published: June 1993
Edition: (Non-applicable)

Author Biography: Martin Golding

Martin P. Golding is a Professor of Philosophy and Law at Duke University.

Book Synopsis

Dealing with issues pivotal to Jewish law theory, this volume offers English-language readers a concise presentation of an important legal tradition. This volume touches on theological concerns of Judaism and the law, but it focuses on broader trends in legal theory. essays address the philosophy of law and jurisprudential analysis which have contributed to modern legal systems.

Booknews

The section on Legal Cultures of the International Library of Law and Legal Theory makes available the distinctive legal theories of different legal traditions. The present collection of essays introduces English-language readers to a discussion of issues in the theory of Jewish law. The volume is divided into six sections: general aspects of Jewish law and legal theory; Noahide law and natural law in Jewish legal theory; ethics and the theory of Jewish law; ethical concepts in substantive law; the juristic process in Jewish legal theory; and selected topics in Jewish jurisprudence (public law/criminal law/unjust enrichment/the duty to rescue/economic analysis). Indexed by name only. Annotation c. Book News, Inc., Portland, OR (booknews.com)

	Acknowledgements
	Series Preface
	Introduction
1	The Structure of Jewish Law	3
2	The Legal System of Jewish Law	21
3	The Contrast between Mishpat Ivri and Halakhah	45
4	Legal Positivism and Contemporary Halakhic Discourse	55
5	The "Law" and the Noahides	73
6	Judaism and Natural Law	85
7	Maimonides and Natural Law Theory	123
8	Law and Morals in Jewish Jurisprudence	131
9	Does Jewish Tradition Recognize an Ethic Independent of Halakha?	155
10	Can a Religious Law be Immoral?	183
11	The Interaction of Morality and Jewish Law	189
12	Moral Rights and Duties in Jewish Law	203
13	Jewish Law and the Abuse of Rights	215
14	On One Aspect of Law and Morals in Jewish Law: Lifnim Mishurat Hadin	233
15	Freedom and Constraint in the Jewish Judicial Process	267
16	The Justification for Controversy Under Jewish Law	303
17	Majority Decision Vs. Individual Truth	353
18	Legal Reasoning in Maimonidean Jurisprudence	369
19	Maimonides on "Dina De-Malkhuta Dina" (The Law of the State is Law)	377
20	Power and Authority: Halachic Stance of the Traditional Community and Its Contemporary Implications	399
21	Self-Incrimination in Jewish Law - a Review-Essay	433
22	The Role of Punishment in Jewish Criminal Law: a Chapter in Rabbinic Penological Thought	451
23	Unjust Enrichment	475
24	Concepts of Zeh Neheneh... in the Analytic School	499
25	The Bystander's Duty to Rescue in Jewish Law	515
26	Rescue and Restitution	539
27	The Just Price Doctrine in Judaic Law - An Economic Analysis	549
	Name Index	575

Subjects

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