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Between Civil and Religious Law Irving A. Breitowitz

Between Civil and Religious Law By Irving A. Breitowitz

Between Civil and Religious Law by Irving A. Breitowitz


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Between Civil and Religious Law Summary

Between Civil and Religious Law: The Plight of the Agunah in American Society by Irving A. Breitowitz

.Breitowitz focuses on what many regard as the cutting issue of Jewish law as it grapples with the disintegrative forces of twentieth-century life: the problem of the Agunah or stranded wife. In addition, the Agunah issue raises intriguing questions about the impotence of religious law in a secular society and how the establishment and free exercise clauses intersect to facilitate or hinder the accommodation of religious interests.

All legal avenues available to secure relief are discussed, including the use of prenuptial agreements, the application of tort theory, and the rather exotic approach of the New York Get law, as well as the constitutional and common law impediments, to the implementation of these remedies. The text also includes comparative law material to illustrate how other legal systems, particularly the state of Israel, have handled this problem. As the most comprehensive book on the subject, it is invaluable to students of Jewish and family law and to practitioners of family law.

About Irving A. Breitowitz

IRVING A. BREITOWITZ is Associate Professor of Law at the University of Maryland School of Law, as well as a Rabbi and an attorney.

Table of Contents

Preface The Nature of the Problem: Basic Dimensions and Contours Halachic Responses The Use of Contract Law (I): Express or Implied Promises to Execute a Get or Submit to Rabbinic Jurisdiction The Use of Contract Law (II): Conditional Releases and Support Obligations Interjurisdictional and Comparative Law Aspects of Civil Enforcement The New York Get Law: Permissible Accommodation or Unconstitutional Establishment Tort Law Theories Current Developments in Church-State Law and Their Impact on the Agunah Problem Conclusion Appendices Case Supplement Selected Bibliography Table of Cases Table of Statutes and Regulations Index

Additional information

NPB9780313284717
9780313284717
0313284717
Between Civil and Religious Law: The Plight of the Agunah in American Society by Irving A. Breitowitz
New
Hardback
Bloomsbury Publishing Plc
1993-07-20
448
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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