Jewish and Israeli Law - An Introduction


Book Description

This book provides a concise introduction to the basics of Jewish law. It gives a detailed analysis of contemporary public and private law in the State of Israel, as well as Israel’s legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality. It is the ultimate book for anyone interested in Israeli Law and its politics. Authors Shimon Shetreet is the Greenblatt Professor of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the President of the International Association of Judicial Independence and World Peace and heads the International Project of Judicial Independence. In 2008, the Mt. Scopus Standards of Judicial Independence were issued under his leadership. Between 1988 and 1996, Professor Shetreet served as a member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He was senior deputy mayor of Jerusalem between 1999 and 2003. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System. The author and editor of many books on the judiciary, Professor Shetreet is a member of the Royal Academy of Science and Arts of Belgium. Rabbi Walter Homolka PhD (King’s College London, 1992), PhD (University of Wales Trinity St. David, 2015), DHL (Hebrew Union College, New York, 2009), is a full professor of Modern Jewish Thought and the executive director of the School of Jewish Theology at the University of Potsdam (Germany). The rector of the Abraham Geiger College (since 2003) is Chairman of the Leo Baeck Foundation and of the Ernst Ludwig Ehrlich Scholarship Foundation in Potsdam. In addition, he has served as the executive director of the Masorti Zacharias Frankel College since 2013.The author of "Jüdisches Eherecht" and other publications on Jewish Law holds several distinctions: among them the Knight Commander’s Cross of the Austrian Merit Order and the 1st Class Federal Merit Order of Germany. In 2004, President Jacques Chirac admitted Rabbi Homolka to the French Legion of Honor.




A Living Tree


Book Description

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.







The Cambridge Companion to Judaism and Law


Book Description

The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.




The Oxford Handbook of Judaism and Economics


Book Description

The interaction of Judaism and economics encompasses many different dimensions. Much of this interaction can be explored through the way in which Jewish law accommodates and even enhances commercial practice today and in past societies. From this context, The Oxford Handbook of Judaism and Economics explores how Judaism as a religion and Jews as a people relate to the economic sphere of life in modern society as well as in the past. Bringing together an astonishingly strong group of top scholars, the volume approaches the subject from a variety of angles, providing one of the most comprehensive, well-rounded, and authoritative accounts of the intersections of Judaism and economics yet produced. Aaron Levine first offers a brief overview of the nature and development of Jewish law as a legal system, then presents essays from a variety of angles and areas of expertise. The book offers contributions on economic theory in the bible and in the Talmud; on the interaction between Jewish law, ethics, modern society, and public policy; then presents illuminating explorations of Judaism throughout economic history and the ways in which economics has influenced Jewish history. The Oxford Handbook of Judaism and Economics at last offers an extensive and welcome resource by leading scholars and economists on the vast and delightfully complex relationship between economics and Judaism.







The Cambridge Companion to Judaism and Law


Book Description

The Cambridge Companion to Judaism and Law explores the Jewish conception of law as an essential component of the divine-human relationship from biblical to modern times, as well as resistance to this conceptualization. It also traces the political, social, intellectual, and cultural circumstances that spawned competing Jewish approaches to its own 'divine' law and the 'non-divine' law of others, including that of the modern, secular state of Israel. Part I focuses on the emergence and development of law as an essential element of religious expression in biblical Israel and classical Judaism through the medieval period. Part II considers the ramifications for the law arising from political emancipation and the invention of Judaism as a 'religion' in the modern period. Finally, Part III traces the historical and ideological processes leading to the current configuration of religion and state in modern Israel, analysing specific conflicts between religious law and state law.




Jewish and Islamic Law


Book Description

This is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages. Libson's in-depth study of Islamic law, together with his expertise in the wide range of geonic and rabbinic literature, enable him to determine the influence of Muslim practice on geonic custom.




Courts, Politics and Constitutional Law


Book Description

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.




A Common Justice


Book Description

In A Common Justice Uriel I. Simonsohn examines the legislative response of Christian and Jewish religious elites to the problem posed by the appeal of their coreligionists to judicial authorities outside their communities. Focusing on the late seventh to early eleventh centuries in the region between Iraq in the east and present-day Tunisia in the west, Simonsohn explores the multiplicity of judicial systems that coexisted under early Islam to reveal a complex array of social obligations that connected individuals across confessional boundaries. By examining the incentives for appeal to external judicial institutions on the one hand and the response of minority confessional elites on the other, the study fundamentally alters our conception of the social history of the Near East in the early Islamic period. Contrary to the prevalent scholarly notion of a rigid social setting strictly demarcated along confessional lines, Simonsohn's comparative study of Christian and Jewish legal behavior under early Muslim rule exposes a considerable degree of fluidity across communal boundaries. This seeming disregard for religious affiliations threatened to undermine the position of traditional religious elites; in response, they acted vigorously to reinforce communal boundaries, censuring recourse to external judicial institutions and even threatening transgressors with excommunication.