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The Jewish Legal Tradition
This book provides an in-depth exploration of the Jewish legal tradition, or halakhah, through the lens of modern legal philosophy. The interdisciplinary approach of the book makes complex ideas accessible, offering insights into how Jewish legal thought both parallels and diverges from modern legal theory. By examining primary sources through a contemporary legal-theoretical framework, the volume offers a pedagogical approach to halakhah. Readers will gain a nuanced understanding of the deep structure of Jewish law through the rigorous application of modern legal philosophy. The book’s structured approach, dividing chapters into conceptual discussions, primary source analyses, and synthet...
Institutionalizing Rights and Religion
This book examines the institutional relationship between religions, political regimes, and human rights.
Assisted Reproduction in Israel
The theme of this BRP is the right to procreate in the Israeli context. Our discussion of this right includes the implementation of the right to procreate, restrictions on the right (due to societal, legal, or religious concerns), and the effect of the changing conception of the right to procreate (both substantively and in practice) on core family concepts.
Maimonides and Contemporary Tort Theory
Presents Maimonides' complete tort theory, and how it compares with other tort theories both in the Jewish world and beyond.
UC Irvine Law Review
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סידרא
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Accommodating Religious Law with a Civil Legal System
The discussion of legal pluralism focuses on the coexistence of several legal systems, mainly religious and civil ones. But what happens when a process of assimilation - whether imposed or voluntary - characterizes the relationships between the systems? This paper analyzes the fascinating process of assimilation of civil principles into religious law in the context of Jewish law and Israeli civil family law. Assimilation, as the paper shows, is not the whole picture. The paper reveals a corresponding (both open and implicit) struggle for the preservation of religious law principles despite the continuing efforts of civil law for their curtailment, or sometimes, elimination. The result, which is somewhat internally contradictory, leads the paper to suggest a normative pluralistic framework that enables both regimes - the civil and the religious - to preserve their core principles in family law matters.
