A living tree : the roots and growth of Jewish law / Elliot N. Dorff and Arthur Rosett.

Format:

Book

Author/Creator:

Dorff, Elliot N.

Contributor:

Rosett, Arthur I. (Arthur Irwin), 1934-2011.

Jewish Theological Seminary of America.

Language:

English

Subjects (All):

Jewish law.

Jewish law--History.

Physical Description:

1 online resource (620 p.)

Place of Publication:

Albany, N.Y. : State University of New York Press, c1988.

Language Note:

English

Summary:

This book examines biblical and rabbinic law as a coherent, continuing legal tradition. It explains the relationship between religion and law and the interaction between law and morality. Abundant selections from primary Jewish sources, many newly translated, enable the reader to address the tradition directly as a living body of law with emphasis on the concerns that are primary for lawyers, legislators, and judges. Through an in-depth examination of personal injury law and marriage and divorce law, the book explores jurisprudential issues important for any legal system and displays the primary characteristics of Jewish law.A Living Tree will be of special interest to students of law and to Jews curious about the legal dimensions of their tradition. The authors provide sufficient explanations of the sources and their significance to make it unnecessary for the reader to have a background in either Jewish studies or law.

Contents:

""Front Matter""; ""Half Title Page""; ""Title Page""; ""Copyright Page""; ""Dedication Page""; ""Table of Contents""; ""Preface""; ""Acknowledgments""; ""Content""; ""PART I: The Literature and Methodsof Jewish Law""; ""Introduction""; ""A. THE ORIGINS AND AIMS OF THIS BOOK""; ""B. THE STRUCTURE AND METHODS OF THIS BOOK""; ""C. WHO ARE THE JEWS?""; ""D. COMMON MISCONCEPTIONS ABOUT JEWISH LAW""; ""Topic One: Biblical Law""; ""A. THE BIBLICAL WORLD""; ""B. FUNDAMENTALIST AND HISTORICAL APPROACHES TO THE BIBLE""; ""C. THE STRUCTURE AND CONTENTS OF THE BIBLE""; ""D. THE BIBLICAL LAW CODES""

""Topic Two: The Biblical Law of Injury""""A. THE COVENANT CODE'S TREATMENT OF PERSONAL INJURY""; ""B. THE CODE Of HAMMURABI""; ""C. THE HITTITE LAWS""; ""Topic Tllree: Biblical Jurisprudence""; ""A. LAW AND WORLD VIEW""; ""B. BIBLICAL METHODS Of RESOLVING DISPUTES""; ""C. THE SOURCE OF THE LAW AND LEGAL OBEDIENCE: THE COVENANT""; ""D. REASONS FOR OBEYING THE LAW""; ""E. LAW AND JUSTICE IN THE BIBLE: THE RELATIONSHIP BETWEEN MORAL NORMS AND GOD'S WORD""; ""F. BIBLICAL LAW AND CHANGE: ADAPTING DIVINE LAW TO NEW CIRCUMSTANCES""; ""Topic Four: Rabbinic Law of Injuries""

""A. AN OVERVIEW OF THE HISTORY AND LITERATURE OF THE SECOND TEMPLE AND RABBINIC PERIODS""""B. MIDRASH HALAKHAH""; ""C. MISHNAH""; ""D. CALIFORNIA JURY INSTRUCTIONS""; ""E. GEMARA ON INJURIES: BAVA KAMMA 83b-84a, 85a-86a, 86b, 90b""; ""F. SECTARIAN LAWS OF INJURIES""; ""Topic Five: The Oral Torah: Rabbinic Exegesis and Oral Traditions""; ""A. Two WAYS OF DEALING WITH A FIXED TEXT I: EXEGESIS AND ITS JUSTIFICATION""; ""B. Two WAYS OF DEALING WITH A FIXED TEXT-I: THE METHODS ANDUSE OF EXEGESIS""; ""C. Two WAYS OF DEALING WITH A FIXED TEXT-II: THE ORALTRADITION""; ""D. Continuity and Change""

""E. The Limits of the Flexibility of the Text and the Tradition: Opposition Movements in Jewish Legal History""""Topic Six: The Authority and Morality of the Tradition""; ""A. THE BASIS FOR OBEDIENCE OF THE LAW""; ""B. LAW AND MORALITY""; ""Topic Seven: Rabbinic Court Procedures""; ""A. THE STRUCTURE AND JURISDICTION OF COURTS""; ""B. SYSTEMS OF PROOF AND RULES OF EVIDENCE""; ""C. PROBLEMS WITH USING COURTS""; ""D. ALTERNATIVES TO COURTS""; ""Topic Eight: The Responsa Literature""; ""A. THE TALMUDIC AND GEONIC PERIODS: HESITANT BEGINNINGS""

""B. THE ELEVENTH TO FIFTEENTH CENTURIES: FRANCO-GERMANY AND SPAIN-NORTH AFRICA""""C. THE SIXTEENTH TO TWENTIETH CENTURIES: THE AHARONIM OF THE EASTERN MEDITERRANEAN AND EASTERN EUROPE""; ""D. WORLD WAR II-PRESENT: AMERICA: FOUR MOVEMENTS, FOUR CONCEPTIONS OF JEWISH LAW""; ""E. WORLD WAR II-PRESENT: ISRAEL""; ""Topic Nine: Codes""; ""A. THE TYPES OF CODES AND THEIR USE""; ""B. THE LITERATURE OF JEWISH CODIFICATION""; ""C. PROS AND CONS OF CODIFICATION""; ""D, EXAMPLE OF CODIFICATION: MAIMONIDES ON PERSONAL INJURIES""; ""Topic Ten: Legislation (Takkanot)""

""A. THE NATURE, DEVELOPMENT, AND JUSTIFICATION OF LEGISLATION IN JEWISH LAW""

Notes:

"A centennial publication of the Jewish Theological Seminary of America."

Includes indexes.

ISBN:

9781438401423

1438401426

OCLC:

794701318