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Jewish Law Annual Volume 20 (Paperback)
Loot Price: R960
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Jewish Law Annual Volume 20 (Paperback)
Series: Jewish Law Annual
Expected to ship within 12 - 17 working days
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Volume 20 of The Jewish Law Annual features six detailed studies.
The first three articles consider questions which fall under the
rubric of halakhic methodology. The final three articles address
substantive questions regarding privacy, cohabitation and medical
triage. All three 'methodological' articles discuss creative
interpretation of legal sources. Two (Cohen and Gilat) consider the
positive and forward-thinking aspects of such halakhic creativity.
The third (Radzyner) examines tendentious invocation of new
halakhic arguments to advance an extraneous interest. Cohen
explores positive creativity and surveys the innovative midrashic
exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his
willingness to base rulings intended for implementation on such
exegesis. Gilat examines exegetical creativity as to the laws of
capital offenses. Midrashic argumentation enables the rabbinical
authorities to set aside the literal sense of the harsh biblical
laws, and implement more suitable penological policies. On the
other hand, Radzyner's article on tendentious innovation focuses on
a situation where novel arguments were advanced in the context of a
power struggle, namely, Israeli rabbinical court efforts to
preserve jurisdiction. Two articles discuss contemporary dilemmas.
Spira & Wainberg consider the hypothetical scenario of triage
of an HIV vaccine, analyzing both the talmudic sources for
resolving issues related to allocating scarce resources, and recent
responsa. Warburg discusses the status of civil marriage and
cohabitation vis-a-vis payment of spousal maintenance: can
rabbinical courts order such payment? Schreiber's article addresses
the question of whether privacy is a core value in talmudic law:
does it indeed uphold a 'right to privacy,' as recent scholars have
claimed? The volume concludes with a review of Yuval Sinai's
Application of Jewish Law in the Israeli Courts (Hebrew).
General
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