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Jewish Law and Legal Theory : International Library of Essays in Law and Legal Theory - Martin P. Golding

Jewish Law and Legal Theory

International Library of Essays in Law and Legal Theory

By: Martin P. Golding (Editor)

Hardcover Published: 1st June 1993
ISBN: 9780814730492
Number Of Pages: 272

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Dealing with issues pivotal to Jewish law theory, this volume offers English-language readers a concise presentation of an important legal tradition. This volume touches on theological concerns of Judaism and the law, but it focuses on broader trends in legal theory. essays address the philosophy of law and jurisprudential analysis which have contributed to modern legal systems.

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General Aspects of Jewish Law and Legal Theory
The structure of Jewish law
The legal system of Jewish law
The contrast between mishpat ivri and halakhah
Legal positivism and contemporary halakhic discourse
Noahide Law and natural Law in Jewish Legal Theory
The 'law' and the Noahides
Judaism and natural law
Maimonides and natural law theory
Ethics and the Theory of Jewish law
Law and morals in Jewish jurisprudence
Does Jewish tradition recognize an ethic independent of halakha?
Can religious law be immoral
The interaction of morality and Jewish law
Ethical Concepts in Substantive Law
Moral rights and duties in Jewish law
Jewish law and the abuse of rights
On one aspect of law and morals in Jewish law
The Juristic Process in Jewish Legal Theory
Freedom and constraint in the Jewish judicial process
The justification for controversy under Jewish law
Majority decision and individual truth
Legal reason in Maimonidean jurisprudence
Selected Topics in Jewish Jurisprudence
Maimonides on' dina de-malkhuta dina' (the law of the state is law)
Power and authority: halachic stance of the traditional community and its contemporary implications
Self-incrimination in Jewish law - a review essay
The role of punishment in Jewish criminal law: a chapter in Rabbinic penological thought
Unjust enrichment
Concepts of zeh neheneh in the analytic school
The bystander's duty to rescue in Jewish law
Rescue and restitution
The just price doctrine in Judaic law: an economic analysis
Name index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780814730492
ISBN-10: 0814730493
Series: International Library of Essays in Law and Legal Theory
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 272
Published: 1st June 1993
Country of Publication: US
Dimensions (cm): 22.91 x 15.19  x 3.81
Weight (kg): 1.01