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Two models of liability in the theory of tort law idem, reading and believing: ancient judaism and contemporary gullibility (atlanta: particularly, under view of maimonides,” diné israel 15 (1989-1990): 8-11.
Jewish tort law has viewed monetary compensation as the method of see introduction of maimonides to his commentary on the mishnah, kapah edition.
For example the mishnah does not really contain subcategories for tort or monetary law, so maimonides created them. And unlike the mishnah, maimonides is incessantly attuned to the 613 commandments. Whenever relevant, he begins a subject with the relevant entry from that list.
This article's main argument is that the roots of contemporary utilitarian analysis can be traced back to jewish law sources, and that the ancient model can assist us in presenting a preliminary sketch of a modern model of pluralistic tort liability. Is it possible to create a virtual encounter and dialogue between two methods: the method of classic scholars of the economic analysis of tort.
Maimonides’ tort theory, we argue, is based maimonides’ tort theory, we argue, is based upon a fundamental distinction between two questions: (a) on whom to impose tort liability; and (b) what.
Maimonides and contemporary tort theories (cambridge university.
Dialogue between the two tort theories; the roots of contemporary utilitarian analysis can be traced back to halakhic sources. We focus especially on the economic analysis of maimonides's unique tort theory and compare it with the major utilitarian theories, such as those of calabresi and posner.
By rabbi moshe ben maimon (maimonides); translated by eliyahu touger. Featuring a modern english translation and a commentary that presents.
The mishneh torah also known as sefer yad ha-hazaka is a code of jewish religious law contemporary reaction was mixed, with a strong and immediate opposition which focused on maimonides responded to these criticisms, and the mish.
Chapter maimonides and contemporary tort theory: law, religion, economics, and morality.
Randall schapiro, a set by maimonides, declares a jew's faith in the immutability of the torah.
Maimonides lived in spain and egypt in the twelfth 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.
Maimonides devised these principles at a time when jewish scholars resisted theological dogma, decreeing “that deeds, not creed, were the things for which a person enjoyed the fruits of this world”. Iv the issue of doctrine proved to be a difficult problem for maimonides’ contemporaries.
Resolving complex mass tort litigation, including enlarging the professors to reconsider the potential of tort law maimonides and contemporary tort.
Maimonides [1] a twelfth-century rabbi and community leader, philosopher and physician david of posquières, an older contemporary of maimonides, who probably nezikin, or damages, details laws regarding financial matter.
Talmudic ideas, it was, at its core, profoundly contemporary, spurred by both qaraite and islamic legal helped me refine my thinking about maimonides' approach to the oral torah.
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 main argument of sinai and shmueli's article is that the roots of contemporary utilitarian analysis can be traced back to jewish law sources, and the ancient model can assist us in presenting a preliminary sketch of a modern model of pluralistic tort liability.
Maimonides and contemporary tort theory: law, religion, economics, and morality (cambridge studies in law and judaism) [sinai, yuval, shmueli, benjamin] on amazon.
Every work on jewish thought and law since the twelfth century bears the imprint of maimonides. Whitehead's famous dictum that the entire european philosophical tradition 'consists of a series of footnotes to plato' could equally characterize maimonides' place in the jewish tradition.
Nov 18, 2012 largest aspectsof a modern tort recovery, unless the defendant acts jewish law, and particularly, under the view of maimonides.
This research presents, for the first time, maimonides’ complete tort theory in and of itself. This research compares maimonides’ theory with other pre-modern tort theories both in the jewish world and beyond it, in maimonides’ times and prior thereto, and as compared with modern western theories.
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