Hanina Ben-Menahem's Books

Judicial Deviation In Talmudic Law

By: Hanina Ben-Menachem

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Judicial Deviation In Talmudic Law

By: Hanina Ben-Menachem

First Published in 1990. With the publication of this book, the author inaugurates a new series at the Institute of Jewish Law. In recent years there has been a growing interest in Jewish law in American law schools. In turn, this casts an obligation on those involved in Jewish law to make available in the English language publications which focus on contemporary issues and their analysis in traditional Jewish sources. Jewish Law in Context will attempt to do precisely this by presenting Jewish law in its own context as well as in the context of our milieu. This is Volume I.

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Page Count

237

Publisher

Routledge

Published Date

ISBN 10

1134333501

ISBN 13

9781134333509

The Jewish Law Annual Volume 19

By: Berachyahu Lifshitz,Hanina Ben-Menahem

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The Jewish Law Annual Volume 19

By: Berachyahu Lifshitz,Hanina Ben-Menahem

Volume 19 of The Jewish Law Annual is a festschrift in honor of Professor Neil S. Hecht. It contains thirteen articles, ten in English and three in Hebrew. Several articles are jurisprudential in nature, focusing on analysis of halakhic institutions and concepts. Elisha Ancselovits discusses the concept of the prosbul, asking whether it is correct to construe it as a legal fiction, as several scholars have asserted. He takes issue with this characterization of the prosbul, and with other scholarly readings of Tannaitic law in general. The concepts of dignity and shame are addressed in two very different articles, one by Nahum Rakover, and the other by Hanina Ben-Menahem. The former discusses halakhic sources pertaining to the dignity inherent in human existence, and the importance of nurturing it. The latter presents a fascinating survey of actual legal practices that contravened this haklakhic norm. Attestations of these practices are adduced not only from halakhic and semi-halakhic documents, but also from literary, historical, and ethnographic sources. Three articles tackle topical issues of considerable contemporary interest. Bernard S. Jackson comments on legal issues relating to the concept of conversion arising from the story of the biblical heroine Ruth, and compares that concept to the notion of conversion invoked by a recent English court decision on eligibility for admission to denominational schools. An article by Dov I. Frimer explores the much agonized-over question of halakhic remedies for the wife whose husband refuses to grant her a get (bill of divorce), precluding her remarriage. Frimer’s focus is the feasibility of inducing the husband to grant the get through monetary pressure, specifically, by awarding the chained wife compensatory tort damages. Tort remedies are also discussed in the third topical article, by Ronnie Warburg, on negligent misrepresentation by investment advisors. Two papers focus on theory of law. Shai Wozner explores the decision rules–conduct rules dichotomy in the Jewish law context, clarifying how analysis of which category a given law falls under enhances our understanding of the law’s intent. Daniel Sinclair explores the doctrine of normative transparency in the writings of Maimonides, the Hatam Sofer, and R. Abraham Isaac Kook, demonstrating that although transparency was universally endorsed as an ideal, some rabbinical authorities were willing to forego transparency where maintenance of the halakhic system itself was imperiled. An article by Alfredo M. Rabello reviews the primary and secondary literature on end-of-life issues, and contextualizes the much-discussed talmudic passage bAvoda Zara 18a. And an article by Chaim Saiman offers a critical survey of the main approaches to conceptualizing and teaching Jewish law in American universities; it also makes suggestions for new, and perhaps more illuminating pedagogic direction. In the Hebrew section, an intriguing article by Berachyahu Lifshitz presents a comparison of Persian and talmudic law on the status of promises and the role of the divine in their enforcement. Yuval Sinai discusses the halakhic law of evidence, particularly the well-known "two witnesses" requirement and departures from it. The volume closes with a historical article by Elimelech Westreich on the official rabbinical court in nineteenth century Jerusalem. It focuses on the rabbinical figures who served on the court, the communities for whom it adjudicated, and its role in the broader geopolitical and sociocultural context.

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265

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Routledge

Published Date

ISBN 10

1136576886

ISBN 13

9781136576881

Authority, Process and Method

By: Hanina Ben-Menahem,Neil S. Hecht

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Authority, Process and Method

By: Hanina Ben-Menahem,Neil S. Hecht

The articles in this volume were originally published in Hebrew in Shenaton Hamishpat Haivri and address Jewish law, both in its own context and in the context of contemporary jurisprudence. Contributions range from discussion of the rabbincal court to the doctrine of binding precedent, and from the basis of judicial authority to the legal defence

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Page Count

284

Publisher

CRC Press

Published Date

ISBN 10

1482227959

ISBN 13

9781482227956

Windows Onto Jewish Legal Culture

Fourteen Exploratory Essays

By: Hanina Ben-Menahem,Arye Edrei,Neil S. Hecht

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Windows Onto Jewish Legal Culture

Fourteen Exploratory Essays

By: Hanina Ben-Menahem,Arye Edrei,Neil S. Hecht

This book opens windows onto Jewish legal culture, by offering fourteen exploratory essays, each of which focuses on an aspect of Jewish law, broadly understood. Each chapter is a self-contained journey, as it were, into a feature of the Jewish legal landscape. In other words, rather than taking a structural approach, and attempting to neatly circumscribe and define 'every' element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, without seeking to fit them into a single structure.

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Page Count

700

Publisher

Routledge

Published Date

ISBN 10

0415500494

ISBN 13

9780415500494

The Jewish Law Annual Volume 19

By: Berachyahu Lifshitz,Hanina Ben-Menahem

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The Jewish Law Annual Volume 19

By: Berachyahu Lifshitz,Hanina Ben-Menahem

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Solve jigsaw puzzle

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Page Count

265

Publisher

Routledge

Published Date

ISBN 10

1136576886

ISBN 13

9781136576881

Authority, Process and Method

By: Hanina Ben-Menahem,Neil S. Hecht

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Authority, Process and Method

By: Hanina Ben-Menahem,Neil S. Hecht

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Solve jigsaw puzzle

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284

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CRC Press

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ISBN 10

1482227959

ISBN 13

9781482227956

Book's by Hanina Ben-Menahem

Judicial Deviation In Talmudic Law

Judicial Deviation In Talmudic Law

The Jewish Law Annual Volume 19

The Jewish Law Annual Volume 19

Authority, Process and Method

Authority, Process and Method

Windows Onto Jewish Legal Culture

Windows Onto Jewish Legal Culture

The Jewish Law Annual Volume 19

The Jewish Law Annual Volume 19

Authority, Process and Method

Authority, Process and Method

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