We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
How tort, contract, and restitution law can be reformed to better serve the social good Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good. In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
A study of the life and work of 'the Maggid"—a major figure in the mystical thought of early Hasidism Enshrined in Jewish memory simply as "the Maggid" (preacher), Rabbi Dov Ber Friedman of Mezritsh (1704-1772) played a critical role in the formation of Hasidism, the movement of mystical renewal that became one of the most important and successful forces in modern Jewish life. In Speaking Infinities, Ariel Evan Mayse turns to the homilies of the Maggid to explore the place of words in mystical experience. He argues that the Maggid's theory of language is the key to unpacking his abstract mystical theology as well as his teachings on the devotional life and religious practice. Mayse shows how Dov Ber's vision of language emerges from his encounters with Ba'al Shem Tov (the BeSHT), the founder of Hasidic Judaism, whose teaching put forward a vision of radical divine immanence. Taking the BeSHT's notion of God's immanence as a kind of linguistic vitality echoing in the cosmos, Dov Ber developed a theory of language in which all human tongues, even in their mundane forms, have the potential to become sacred when returned to their divine source. Analyzing homilies and theological meditations on language, Mayse demonstrates that Dov Ber was an innovative thinker and contends that, in many respects, it was Dov Ber, rather than the BeSHT, who was the true founder of Hasidism as it took root, and the foremost shaper of its early theology. Speaking Infinities offers an exploration of this introspective mystic's life, gleaned from scattered anecdotes, legends, and historical sources, distinguishing the historical personage from the figure that emerges from the composite array of textual and oral traditions that have shaped the memory of the Maggid and his legacy.
Based on archival material, this intriguing book examines David Ben-Gurion’s influence on the relationship between the state of Israel, the Zionist Organization and American Jewry between 1948 and 1963 when he served as Prime Minister and Minister of Defence. The author discusses how Ben-Gurion was largely instrumental in forming Israel’s policies throughout the first two decades of the country’s existence and, due to his position, personality and prestige, he was able to influence the fashioning of political structures as well as their content. The book discusses both the political motives of the leaders and the ideological discourse, in order to understand their dependency and to highlight their significance in the terms Diaspora and exile, the centrality of the State of Israel, and the role played by the Jews of America. As such this will be of great interest to scholars of Middle East Studies, Jewish Studies, and ethnicity and nationalism.
This publication examines issues of water sector reform and performance from the perspectives of institutional economics and political economic studies. The authors develop an alternative quantitative assessment methodology based on the principle of 'institutional ecology', as well as data collected from 127 water experts from 43 countries and regions around the world using a cross-country review of recent water sector reforms within an institutional transaction cost framework.
The compelling vision of religious life and practice found in Hasidic sources has made it the most enduring and successful Jewish movement of spiritual renewal of all time. In this book, Ariel Evan Mayse grapples with one of Hasidism's most vexing questions: how did a religious movement known for its radical views about immanence, revelation, and the imperative to serve God with joy simultaneously produce strict adherence to the structures and obligations of Jewish law? Exploring the movement from its emergence in the mid-1700s until 1815, Mayse argues that the exceptionality of Hasidism lies not in whether its leaders broke or upheld rabbinic norms, but in the movement's vivid attempt to rethink the purpose of Jewish ritual and practice. Rather than focusing on the commandments as law, he turns to the methods and vocabulary of ritual studies as a more productive way to reckon with the contradictions and tensions of this religious movement as well as its remarkable intellectual vitality. Mayse examines the full range of Hasidic texts from the eighteenth and early nineteenth centuries, from homilies and theological treatise to hagiography, letters, and legal writings, reading them together with contemporary theories of ritual. Arguing against the notion that spiritual integrity requires unshackling oneself from tradition, Laws of the Spirit is a sweeping attempt to rethink the meaning and significance of religious practice in early Hasidism.
Today, many people from all faiths are exploring the Kabbalah. What was once contoversial and esoteric teachings from midieval Jewish mystics now is becoming one of the latest spiritual trends sweeping across America. The book has a completely revised introduction and several substantially revised chapters, making key ideas less abstract and more comprehensible to readers, and now includes a section called the 10 Main Conceptual Principles.
The Mystic Quest explains the major ideas and concepts of Jewish mystical thought in a way that the general reader can clearly understand. Drawing upon his own extensive research as well as on the growing body of scholarly material on the subject, Dr. David Ariel, president of the Cleveland College of Jewish Studies, presents the extremely difficult and complex elements of Jewish mysticism in language that makes it accessible to the layperson. Jewish mysticism is as old as the Bible itself. It is a rich and subtle web of secret teachings and practices that has been part of Judaism since antiquity and has sought to keep the original spark of religious experience alive through the centuries. It is the relatively unknown, esoteric dimension of Judaism that has nourished a deep spiritual power within a tradition of law, ritual, and observance. A central element in Judaism, the "mystic quest" has shaped both Judaism and Jews throughout history, generating the kabbalistic tradition and Hasidism, which continue to thrive today, As Ariel says, "This book is concerned primarily with the development and meaning of the Kabbalah, the principal tradition of mystical Jewish thought." The Mystic Quest begins with an examination of the variety of phenomena known in different cultures as "mysticism." Ariel then located the Jewish mystical tradition within the context of Jewish history and traces its evolution throughout the ages. Jewish mystical theories about the hidden and revealed God, the feminine aspects of divinity, the mystical Torah, and the concepts of the soul and human destiny are then explored in detail. Finally, the author considers Hasidism and modern Jewish mystical thought, discussing the role of mysticism in contemporary Judaism. In language accessible to the beginner, yet sophisticated enough to captivate the advanced student, The Mystic Quest fills an important gap in our knowledge of mysticism by bringing a comprehensive and fresh understanding of the subject to a new generation of
In this autobiography, former Prime Minister of Israel Ariel Sharon tells his captivating story with frankness, power, intelligence, and a brilliant gift for detail. Prime Minister of Israel from March 2001 to April 2006, Ariel Sharon was a dynamic and controversial leader. A hero in Israel's wars, perhaps the most daring and successful commander in Israel's extraordinary military history, Sharon has always been a warrior, whether the enemies were hostile Arab nations, terrorists, Time magazine, or rival politicians. The public man is well known—aggressive in battle, hardline in politics—but the private man has always been obscured by Sharon's dazzling career and powerful personality. In this compelling and dramatic autobiography, the real Sharon appears for the first time: a complex man, a loving father, a figure of courage and compassion. A warrior who commands the respect and love of his troops, a visionary, and an uncompromising, ruthless pragmatist, Sharon is as outspoken as his friends—and enemies—would expect him to be.
Herod, ruler of Judea at a pivotal time (40–4 BCE) in the region’s history, was Rome’s most famous client king. In this volume, Herod’s coinage benefits from a comprehensive reappraisal. The coins and dies have been thoroughly examined, resulting in innovative iconographic and technological interpretations. Study of the coins’ presence in hoards, their archaeological contexts and geographical distribution, together with other typological, epigraphic and numismatic observations, have aided in establishing that all of the types were minted in Jerusalem. A new relative chronology of Herod’s dated and undated coins is the most important by-product of this study. Finally, an attempt is made to peg this seriation to known events within the king’s reign.
This book discusses the existing literature on military doctrines in general, and offensive doctrines in particular, as well as on causes of their stagnation and sources of innovation. It provides the backdrop for an analytical historical review of Israel's offensive military doctrine.
In a remote corner of the world, forgotten for nearly three thousand years, lived an enclave of Kurdish Jews so isolated that they still spoke Aramaic, the language of Jesus. Mostly illiterate, they were self-made mystics and gifted storytellers and humble peddlers who dwelt in harmony with their Muslim and Christian neighbors in the mountains of northern Iraq. To these descendants of the Lost Tribes of Israel, Yona Sabar was born. Yona's son Ariel grew up in Los Angeles, where Yona had become an esteemed professor, dedicating his career to preserving his people’s traditions. Ariel wanted nothing to do with his father’s strange immigrant heritage—until he had a son of his own. Ariel Sabar brings to life the ancient town of Zakho, discovering his family’s place in the sweeping saga of Middle-Eastern history. This powerful book is an improbable story of tolerance and hope set in what today is the very center of the world’s attention.
How tort, contract, and restitution law can be reformed to better serve the social good Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good. In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.
Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.
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