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Jewish Law Annual Volume 20 Berachyahu Lifshitz

Jewish Law Annual Volume 20 By Berachyahu Lifshitz

Jewish Law Annual Volume 20 by Berachyahu Lifshitz


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Summary

Volume 20 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-19 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law.

Jewish Law Annual Volume 20 Summary

Jewish Law Annual Volume 20 by Berachyahu Lifshitz

Volume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three 'methodological' articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner's article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction.

Two articles discuss contemporary dilemmas. Spira & Wainberg consider the hypothetical scenario of triage of an HIV vaccine, analyzing both the talmudic sources for resolving issues related to allocating scarce resources, and recent responsa. Warburg discusses the status of civil marriage and cohabitation vis-a-vis payment of spousal maintenance: can rabbinical courts order such payment? Schreiber's article addresses the question of whether privacy is a core value in talmudic law: does it indeed uphold a 'right to privacy,' as recent scholars have claimed? The volume concludes with a review of Yuval Sinai's Application of Jewish Law in the Israeli Courts (Hebrew).

About Berachyahu Lifshitz

Berachuahu Lifshitz is Professor at the Faculty of Law, The Hebrew University of Jerusalem, Israel

Table of Contents

1. Midrashic Exegesis and Legal Creativity in the Meshekh Hokhma, Yitshak Cohen 2. Exegetical Creativity in Interpreting the Biblical Laws on Capital Offenses, Israel Zvi Gilat 3. Problematic Halakhic 'Creativity' in Israeli Rabbinical Court Rulings, Amihai Radzyner 4. Privacy in Jewish Law: A Historical and Conceptual Analysis, Arye Schreiber 5. HIV Vaccine Triage: Halakhic Considerations, Shalom C. Spira and Mark A. Wainberg 6. Contractual Consequences of Cohabitation in American Law and Jewish Law, Ronnie Warburg 7. Book Review: Yuval Sinai, Application of Jewish Law in the Israeli Courts, Steven F. Friedell

Additional information

NPB9780367601423
9780367601423
0367601427
Jewish Law Annual Volume 20 by Berachyahu Lifshitz
New
Paperback
Taylor & Francis Ltd
2020-06-30
360
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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