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At first glance, Orthodox Judaism is not compatible with the
prevailing world view of equal treatment for all people, regardless
of their race, gender or religion. But modern Orthodox Jews share
the sense that egalitarianism is a positive moral value, so they
cannot simply dismiss this contemporary ethos as incompatible with
their faith. In a range of ways and variety of perspectives from
the leading Orthodox scholars in the field, this collection of
essays explores the affinities and disaffinities between
egalitarianism and Jewish tradition.
This volume examines the limits Islam, Judaism, and Christianity
have set for the use of coercive violence. It probes the agreements
and disagreements of these major religious traditions on pacifism
(the abjurance of all force) and quietism (the avoidance of force
unless certain stringent conditions are met). The distinguished
contributors examine the foundations for nonviolence in each
religion, criticize the positions each religion has taken, address
the inherent challenges nonviolence poses, and evaluate the
difficulty of practicing nonviolence in a secular society. The
concluding essay defines the common ground, isolates the points of
conflict, and suggests avenues of further inquiry. The most
important contribution this volume makes is to demonstrate that no
Western religious tradition provides a basis for the glorification
of violence. Rather, each accepts warfare as a regretted necessity
and sets strict limits on the use of force. This work offers new
insights for those interested in the ethics of warfare, peace
studies, religious traditions, and international affairs.
Marriage, Sex and Family in Judaism explores Jewish marriage from
historical and contemporary perspectives, focusing on the religious
and legal concepts of marriage, and the social impact of family in
the Jewish community. The book does not advocate one perspective or
another; instead, the essays range from conservative to liberal
viewpoints, offering readers a well-balanced mixture of
perspectives on Jewish marriage.
Marriage, Sex and Family in Judaism explores Jewish marriage from
historical and contemporary perspectives, focusing on the religious
and legal concepts of marriage, and the social impact of family in
the Jewish community. The book does not advocate one perspective or
another; instead, the essays range from conservative to liberal
viewpoints, offering readers a well-balanced mixture of
perspectives on Jewish marriage.
One of the most basic questions for any legal system is that of
methodology: how one interprets, analyzes, weighs, and applies a
mass of often competing legal rules, precedents, practices,
customs, and traditions to reach final determinations and practical
guidance about the correct legal-prescribed course of action in any
given situation. Questions of legal methodology raise not only
practical concerns, but theoretical and philosophical ones as well.
We expect law to be more than the arbitrary result of a given
decision maker's personal preferences, and so we demand that legal
methodologies be principled as well as practical. These issues are
especially acute in religious legal systems, where the stakes are
raised by concerns for respecting not just human, but divine law.
Despite this, the major scholars and codifiers of halakhah, or
Jewish law, have only rarely explicated their own methods for
reaching principled legal decisions. This book explains the major
jurisprudential factors driving the halakhic jurisprudence of Rabbi
Yehiel Mikhel Epstein, twentieth-century author of the Arukh
Hashulchan-the most comprehensive, seminal, and original modern
restatement of Jewish law since Maimonides. Reasoning inductively
from a broad review of hundreds of rulings from the Orach Chaim
section of the Arukh Hashulchan, the book teases out and explicates
ten core halakhic principles that animate Rabbi Epstein's halakhic
decision-making. Along the way, it compares the Arukh Hashulchan
methodology to that of the Mishna Berura. This book will help any
reader understand important methodological issues in both Jewish
and general jurisprudence.
This book explores the rise of private arbitration in religious and
other values-oriented communities, and it argues that secular
societies should use secular legal frameworks to facilitate,
enforce, and also regulate religious arbitration. It covers the
history of religious arbitration; the kinds of faith-based dispute
resolution models currently in use; how the law should perceive
them; and what the role of religious arbitration in the United
States and the western world should be. Part One examines why
religious individuals and communities are increasingly turning to
private faith-based dispute resolution to arbitrate their litigious
disputes. It focuses on why religious communities feel
disenfranchised from secular law, and particularly secular family
law. Part Two looks at why American law is so comfortable with
faith-based arbitration, given its penchant for enabling parties to
order their relationships and resolve their disputes using norms
and values that are often different from and sometimes opposed to
secular standards. Part Three weighs the proper procedural,
jurisdictional, and contractual limits of arbitration generally,
and of religious arbitration particularly. It identifies and
explains the reasonable limitations on religious arbitration. Part
Four examines whether secular societies should facilitate
effective, legally enforceable religious dispute resolution, and it
argues that religious arbitration is not only good for the
religious community itself, but that having many different avenues
for faith-based arbitration which are properly limited is good for
any vibrant pluralistic democracy inhabited by diverse faith
groups.
At first glance, Orthodox Judaism is not compatible with the
prevailing world view of equal treatment for all people, regardless
of their race, gender or religion. But modern Orthodox Jews share
the sense that egalitarianism is a positive moral value, so they
cannot simply dismiss this contemporary ethos as incompatible with
their faith. In a range of ways and variety of perspectives from
the leading Orthodox scholars in the field, this collection of
essays explores the affinities and disaffinities between
egalitarianism and Jewish tradition.
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