Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir
Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir
Doron M Kalir
In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts …
Book Review, Stephen Werber
Book Review, Stephen Werber
Law Faculty Articles and Essays
This a review of Jewish Law (Mishpat Ivri): Cases and Materials by Menachem Elon, Bernard Auerbach, Daniel D. Chazin and Melvin J. Sykes. The reviewer concludes that this book is not only the first of its kind, it is also an outstanding contribution to law teaching that will be of substantial assistance to the growing number of professors teaching Jewish law in American law schools. The extensive presentation of Talmudic and other Jewish law sources, combined with the inclusion of Israeli court decisions, make this book an excellent research tool for both student and professor. Its use of authority and …
Book Review, Dena S. Davis
Book Review, Dena S. Davis
Law Faculty Articles and Essays
This is a review of Women and Jewish Law: The Essential Texts, Their History, and Their Relevance for Today by Rachel Biale (1995). It is a minor miracle. It is readable and free of unnecessary jargon, and accessible to the educated reader who has only some introduction to the nature of Jewish law (Halakhah). At the same time, it is serious and scholarly and would work very well as a text for a graduate seminar on Jewish law, women and law, or religion and law. The author celebrates the increasing power and visibility of women in all denominations of Judaism, …
Book Review, Stephen J. Werber
Book Review, Stephen J. Werber
Law Faculty Articles and Essays
This is a review of The Essence of Talmudic Law and Thought by Samuel N. Hoenig. The reviewer concludes that though this text is sometimes overly concise, it provides an excellent introduction to the essence of Talmudic thought. That Dr. Hoenig may overstate the importance of the Talmud as a factor in the ability of the Jewish people and Judaism to survive (ch. 11) does not detract from his book's contribution as a text that presents a comprehensive, understandable and readable introduction to one of the most complex and long-living sources of law ever created. When the person seeking to …
Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber
Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber
Law Faculty Articles and Essays
This Article does not provide answers to the religious, ethical, and moral issues posed by advanced reproductive techniques in human cloning. Rather, the preceding analysis and discussion seeks to make a contribution, however modest, to the continuation of the societal discussion that will ultimately yield the answers. This Article presents the common concerns of the religious traditions of Judaism, Islam, and Christianity with their mutual emphasis on preserving the dignity of all beings. This and other common values must form the foundation upon which all questions related to the cloning debate must be predicated.
Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber
Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber
Law Faculty Articles and Essays
Core values of the Jewish heritage are life and family, not death. An interpretation of Halachah which permits a broad definition of passive euthanasia without lapsing into acceptance of active euthanasia or its more evil cousin, assisted suicide, is consistent with these values. Also consistent with these values and the Jewish tradition is a modern definition of death which recognizes advances in medical technology that were beyond the knowledge or imagination of those who created the vast body of Rabbinic law. This approach will not only ease the suffering of families, it will allow organ transplants to save the lives …