Legal Commons^™

When The Indelible Sacrament Of Baptism Met Mercantile Raison D'Etat, Benjamin Ravid

Early Modern Workshop: Resources in Jewish History

In theory, under almost all circumstances, once a Jew had been baptized, s/he became a Christian and any relapse constituted heresy and was liable to severe punishment, often by death. However, in the mid-sixteenth century the Papacy adopted a far more lenient policy out of considerations of commercial raison d' état and invited New Christian merchants to assume Judaism in Ancona with assurance of complete freedom from any persecution. At the same time, Venice expelled all Marranos from the city and forbade them to return. The papal attitude changed with the Counter-Reformation and former New Christians who had reverted to …

Trying Issues: Polish-Lithuanian Jews Under Multiple Jurisdictions, Adam Teller

Early Modern Workshop: Resources in Jewish History

The texts presented here highlight issues of multiple jurisdiction Jews were subjected to in early modern Poland-Lithuania

This presentation is for the following text(s):

• Privilege for the Jews of Lwów (1692)
• Privilege for the Jews of the Przemyśl Region and Rus' (1660)

Jews At The Court Of The Kadi, Yaron Ben-Naeh

Early Modern Workshop: Resources in Jewish History

One of the most astonishing phenomena of Jewish life in the Ottoman state is the widespread appeal to the kadi's court - a muslim court. I intend to describe the frequency of this norm, against explicit regulations, and explain the motivation to use the kadi's services, as well as the reasons for the ban against it. I shall conclude with the social and cultural significance of this practice.

This presentation is for the following text(s):

• Mordechai Halevi, Darkei Noam (Pleasant Ways) (Venice, 1697)
• The court records of istanbul/ Istanbul sher'iyye sijilleri (1662)

Under Imperial Protection? Jewish Presence On The Imperial Aulic Court In The 16th And 17th Centuries, Barbara Staudinger

Early Modern Workshop: Resources in Jewish History

From the middle ages on Jewish life in the holy roman empire was characterized by their egal status as servants of the imperial chamber (servi camerae, Kammerknechte). Paying taxes to the imperial chamber, the Jews stood under special protection of the Emperor. The so-called Speyrer Jew Privilege (1544) stated the legal framework of the Jewish community of the Empire, prohibiting expulsion, and „unjustified“ acusations of ritual murder and securing undisturbed religious practice, and imperial conduct and protection. But what was this privilege along with other privileges from indiviuals worth in reality? Based on two cases from the Imperial Aulic Court …

Evasion As A Legal Tactic: The 1616 Amsterdam Regulations Concerning The Jews, Miriam Bodian

Early Modern Workshop: Resources in Jewish History

Early modern rulers (or ruling bodies) who chose to readmit Jews in places where they had long been banned were faced with theological dilemmas and practical problems. Although it is true that the principle of freedom of conscience was gaining increasing acceptance, its adherents were rarely clear about whether it could be applied to non-Christians. And while the economic interests of rulers favored the settlement of Jews in their lands, the opposition of guilds and clergy could not be ignored. In these circumstances, a rather striking policy of evasion was adopted - in France, in the Netherlands, and in England. …

The Herem As The Source Of Authority Of The Lay Governing Council, Anne Oravetz Albert

Early Modern Workshop: Resources in Jewish History

A treatise on the herem composed by Isaac Aboab da Fonseca, the head rabbi of the Spanish and Portuguese Jewish community of Amsterdam. Specifically, this pamphlet defends the authority of the lay leadership council to do so, arguing against unnamed members of the community who are causing scandal by denying that authority.

This presentation is for the following text(s):

• Exhortation to those who fear the Lord, not to fall into sin due to lack of understanding of the precepts of his Holy Law by Isaac Aboab de Fonseca (1679/80)

Challenging Herem In Hamburg, 1732, David Horowitz

Early Modern Workshop: Resources in Jewish History

These documents represent one of the earliest calls for state intervention by the Hamburg authorities into the internal decisions of the bet din. The bed din of the Triple Community of Hamburg-Altona-Wandsbek compelled Joseph Jonas, a resident of Hamburg, to divorce his wife after she was suspected of adultery. When he refused, the chief rabbi and kahal put him and his wife in the ban (herem). Jonas turned to the Hamburg Senate for assistance in reversing the decision and removing himself from the ban. The documents comprise letters from Jonas and the Hamburg kahal in defense of their respective positions …

Takkanot Kahal And The Origin Of Communal Structures In A Franconian Village Community In The 17th Century, Stefan Litt

Early Modern Workshop: Resources in Jewish History

Takkanot Kahal are clearly a phenomenon of early modern Jewry in Europe. Throughout the Ashkenazi world there were four common ways to enact them. By elaborating takkanot, Jewish leaders copied the Gentile custom of creating legal digests in that time, thus adapting the communities to the administrative structures of the early modern state. The short statutes of the community in Ühlfeld, dating fromm 1688, are a rare example for takkanot enacted in an early stage of the local Jewish history. The text clearly shows the efforts of the author, R. Asher Enslen of Schnaittach, to strenghten the ties in the …

Expanding Legal Horizons?, Edward Fram

Early Modern Workshop: Resources in Jewish History

Legal change was not only a result needs to adapt the law to new situations but could be stimulated by new information. New sources were not always accepted and this presentation will attempt to locate the point in time in which acceptance of a large number of new sources took place in the eastern European community of the early modern age.

This presentation is for the following text(s):

• Shulhan `arukh, Yoreh De'ah 19.1 (1567)
• Siftei Kohen-The Priest's Lips on Yoreh De'ah 19.1 (1647)
• Turei Zahab-The Golden Columns on Yoreh De'ah 19.1 (1646)

Dhimmitude And Disarmament, David B. Kopel

David B Kopel

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari'a disarmament, based on three books by Bat Ye'or, the world's leading scholar of dhimmitude. As Ye'or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi's ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st …

"Free" Religion And "Captive" Schools: Protestants, Catholics, And Education, 1945-1965, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Self-Defense In Asian Religions, David B. Kopel

David B Kopel

This Article investigates the attitudes of six Far Eastern religions - Confucianism, Taoism, Hinduism, Sikhism, Jainism, and Buddhism - towards the legitimacy of the use of force in individual and collective contexts. Self-defense is strongly legitimated in the theory and practice of the major Far Eastern religions. The finding is consistent with natural law theory that some aspects of the human personality, including the self-defense instinct, are inherent in human nature, rather than being entirely determined by culture.

A Challenge To Sexual And Marital Propriety And Communal Reaction, Kenneth Stow

Early Modern Workshop: Resources in Jewish History

The selection of sources from the early 1550's Rome deal with the question of honor of young women and their fathers.

The Jewish Community of Rome was unimpressed. It wanted it made clear that one did not make accusations that could harm the well-being, in fact, mostly financial, but also the honor, of young women. Indeed, the bride Ricca was herself awarded what amounted to a hefty fine; we know that among Christians, it was the father’s honor that was considered impugned, and any monetary sanctions would go to him. Not here.

Finally, we learn something about sacred and profane. …

Two Cases Of Apostasy In Dubno In 1716 Jews, Christians, And Family Life, Magda Teter

Early Modern Workshop: Resources in Jewish History

This text relates a trial of two Christian women who accepted to Judaism that took place in the city of Dubno in eastern Poland in 1716. The text presented here comes from a collection of primary sources published in Kiev [now Kyiv] in 1869, as part of effort by scholars at the time to collect and publish primary source materials about Ukraine. The collection is called Arkhiv Iugo-zapadnoi Rossii, or The Archive of South-Western Russia, and contains documents from the South-Western part of Ukraine.

This presentation is for the following text(s):

• Two Cases of Apostasy in Dubno in 1716

“The First Duty Of Nature Is To Preserve Life” A Jewish Woman’S Plea For Divorce In Late 18th-Century Trieste, Lois Dubin

Early Modern Workshop: Resources in Jewish History

The presentation discusses a letter from Relle [Rachele] Morschene (1770-1844) of Trieste to Chief Rabbi Raffael Natan Tedesco, written in the throes of her three-year long effort to extricate herself from her marriage to husband Lucio Luzzatto (1755-1801). From 1793 to 1796, Morschene pursued separation and civil divorce through the Habsburg courts at the same time as a Jewish religious divorce. Indeed, she was one of the first European Jewish women to seek and obtain a civil divorce. Her legal situation was novel because Jews in the Habsburg Monarchy were among the first to be subjected to civil marriage regulation …

Jewish Women And Economic Encounters With Christians, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

R. Yair Hayyim ben Moses Samson Bacharach (1638-1702) is well-known for his knowledge of halakha and Kabbalah. Over the course of his lifetime, he served as the rabbi in several locations in the Holy Roman Empire. In these two responsa, Bacharach deals with one of the halakhic problems surrounding women’s trade with non-Jews. Such trade inevitably caused women to enter into seclusion (yihud) with non-Jews, especially since according to Jewish law, the presence of the non-Jew’s wife did not alleviate the prohibition of seclusion with a non-Jew.

This presentation is for the following text(s):

• Havvot Yair, Responsum 66
• Havvot Yair, …

Unequal Opportunities The Economic Possibilities Open To Jewish Women In 18th Century Poland-Lithuania, Adam Teller

Early Modern Workshop: Resources in Jewish History

The following texts present an image of economic opportunities, and gender roles in Jewish society in eastern Europe. The first text is an 18th-century supplication by a Jew, Bunim Szlomowicz, against his wife; the second is a 1751 decree by the Council of Lithuania regulating women's roles in trade.

An Early 17th Century Ketubah From Sefer Tikun Sofrim By Rabbi Itzhak Zabakh, Ruth Lamdan

Early Modern Workshop: Resources in Jewish History

In Jewish Law, the halakha, there is an extensive importance to the accurate scribing of legal documents (shtarot). Any slight deviation from the standard formula of one word, or even of one character, might invalidate a formal bill or cancel a personal or commercial obligation. The importance bestowed on each word encouraged many famous rabbis to write and edit books of standard legal bills, and Hebrew scribes used to copy samples of bills for their personal use in the future. Qualified scribes made exemplary collections of documents for their students, and young trainees would copy such samples – as well …

How Family Wealth And Power Are Organized, Moshe Rosman

Early Modern Workshop: Resources in Jewish History

The following is a translation of Todros Kozuchowski's will. Originally written in Polish, then translated into Hebrew, the will was translated into English by Moshe Rosman.

The Catholic Second Amendment, David B. Kopel

David B Kopel

At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.

The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel

David B Kopel

This article examines the religious background of the American Revolution. The article details how the particular religious beliefs of the American colonists developed so that the American people eventually came to believe that overthrowing King George and Parliament was a sacred obligation. The religious attitudes which impelled the Americans to armed revolution are an essential component of the American ideology of the right to keep and bear arms.

The Protestant Revolutions And Western Law, William Ewald

All Faculty Scholarship

No abstract provided.

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.

Extra-Legal Control Of High School Interscholastic Athletics In Indiana, J. Ord Fortner

All-Inclusive List of Electronic Theses and Dissertations

No abstract provided.

Extra-Legal Control Of High School Interscholastic Athletics In Indiana, Ord Fortner

All-Inclusive List of Electronic Theses and Dissertations

No abstract provided.