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Selected Works

2012

Jewish Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Is The Jewish Tradition Intellectual Property?, Roberta R. Kwall Sep 2012

Is The Jewish Tradition Intellectual Property?, Roberta R. Kwall

Roberta R Kwall

Whether works of authorship should be protected from unauthorized changes and, if so, in what manner, are questions of endless fascination to intellectual property scholars. Jewish law is not typically considered a “work of authorship” although in many ways it can be so viewed. This article is concerned with exploring the Jewish tradition as intellectual or cultural property. It focuses on the human dimension of creativity embodied in the Jewish tradition, and how that dimension is manifested in the rabbinic interpretation of Jewish law. The resulting tradition — as it is embodied in both the Jewish texts and lived by …

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Speaker, “Taking Beth Din Judgments Into Secular Court”, Michael Helfand May 2012

Speaker, “Taking Beth Din Judgments Into Secular Court”, Michael Helfand

Michael A Helfand

No abstract provided.

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The Effect Of Military Conquest On Private Ownership: Jewish And Islamic Law, Amal Mohamad Jabareen, Israel Zvi Gilat Jan 2012

The Effect Of Military Conquest On Private Ownership: Jewish And Islamic Law, Amal Mohamad Jabareen, Israel Zvi Gilat

Amal Mohamad Jabareen

This article presents the legal outlooks of two fundamental religious judicial systems – Jewish (Halakha) and Muslim (Shari'a) – on the effect of war on private ownership. To be precise, this is when the conquered inhabitants are Jews or Muslims and halakhah or shari’a are their religion, respectively, but the conqueror is a non-believer or secular sovereign. Such situations evoke the following questions: To what extent the transfer of ownership by the conquering sovereign is recognized by the religious laws of the conquered population? May a member of the conquered religion acquire property that was seized by the non-believer sovereign …

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