Maimonides and contemporary tort theory : law, religion, economics, and morality / Yuval Sinai, Benjamin Shmueli, with the Hon. Guido Calabresi.

Format:

Book

Author/Creator:

Sinai, Yuval, 1971- author.

Shmueli, Benjamin, 1971- author.

Contributor:

Calabresi, Guido, 1932- contributor.

Series:

Cambridge studies in law and Judaism

Language:

English

Subjects (All):

Torts (Jewish law).

Torts--Philosophy.

Torts.

Maimonides, Moses, 1135-1204.

Maimonides, Moses.

Physical Description:

xiii, 414 pages : illustrations (black and white) ; 24 cm.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2020.

Summary:

"Maimonides lived in Spain and Egypt in the 12th century and is perhaps the most widely studied figure in Jewish history. This book presents, for the first time, Maimonides' complete tort theory and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new as well as religious and secular, Maimonides and Contemporary Tort Theory offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues that will be of interest to both religious and secular scholars. The authors mention several surprising points of similarity between certain elements of theories recently formulated by North American scholars and the Maimonidean theory. Alongside these similarities significant differences are also highlighted, some of them deriving from conceptual-jurisprudential differences and some from the difference between religious law and secular-liberal law"-- Provided by publisher.

Contents:

Introduction

Initial Presentation

Tort liability in Maimonides' Code : The Downside of the Common

Interpretation

The Foundations of the Maimonidean Theory : Different Goals for Different

Categories of Damage

The Deontological and Religious Elements of Maimonides' Tort Theory

Consequentialist Considerations in the Guide for the Perplexed :

Appendix to chapter 5: The Rules of Liability and Contributory Negligence

according to Maimonides in the Guide 3:40 compared with Calabresi and

Posner

Revisiting the Problematic Texts of the Code in Light of the Guide and

Contemporary Scholarship

Maimonides' Standard of Care : A Differential Liability Model

Maimonides as a Pluralistic-Differential Scholar and Contemporary Tort Law

Theories : A Dialogue and Lessons

Reflections on Maimonides' Tort Theory / Guido Calabresi)

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Sinai, Yuval. Maimonides and contemporary tort theory.

ISBN:

9781107179295

1107179297

9781316631249

1316631249

OCLC:

1117310623