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Full-Text Articles in Arts and Humanities
Halacha And The Common Law, Arthur Lang
Halacha And The Common Law, Arthur Lang
Arthur Lang
The theoretical basis of halacha differs from that of דיני אמות העלום. Obligations and liability are regulated in halacha by defining the nature of an act, did a particular ma’asa occur, whereas the common law regulates with an eye toward social policy, what consequences were set in motion by an actor. Halacha turns on the act of stealing, the act of eating matzoh, the act of acquisition, the act of homicide, the act of damaging, and the act of marrying, rather than respectively, the interference with property rights, the acknowledgment of a symbol, the contract of sale, the violation of …
What Is Interest?, Arthur Lang
What Is Interest?, Arthur Lang
Arthur Lang
Interest is the rental fee for the use of money. Interest is biblically prohibited. In order to understand this prohibition, this paper looks at difference between the biblical system of law, halacha, and the common law. It follows the subsequent polity that result logically follows from the proscriptions protecting the debtor. Finally, the paper explains how the prohibition is avoided through the use of various legal technicalities in order to keep a bank in compliance with banking regulations.