Carol Gilligan’s book In a Different Voice had a tremendous influence on our understanding of gender and morality, even as some disagree with her theories. This is how one website summarized her findings: In the book, Gilligan outlined her findings on female moral development and decision-making, drawing on studies with children and university students. In [...]
This looks like an interesting book on legal history. This is from the Legal History Blog. The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition, by Behnam Sadeghi (Stanford University), is out this month from Cambridge University Press. Here’s an overview of the book, from the publisher’s website: This pioneering [...]
Prof. Menachem Elon z”l was one of the scholars most responsible for promoting the school of Mishpat Ivri, or “Hebrew Law.” Prof. Elon defined Mishpat Ivri in the following manner: The term mishpat Ivri…is now generally accepted as embracing only those matters of the halakhah (Jewish law) whose equivalent is customarily dealt with in other [...]
(From THE BLOG OF THE CENTER FOR JEWISH LAW) Alexander Kaye, former CJL Graduate Fellow in Jewish Law and Interdisciplinary Studies and currently the Tikvah Post-Doctoral Fellow in Jewish Thought at Princeton, recently completed his PhD at Columbia’s history department. His dissertation, ‘The Legal Philosophies of Religious Zionism, 1937-1967,’ is an important contribution to scholarship [...]
Steven H. Resnicoff has posted at SSRN a chapter from his book, Understanding Jewish Law. The chapter is titled “Extraordinary Sources of Jewish Law: the Example of Capital Punishment.” (here) Most Jewish law scholarship, especially that which is published in English, focuses on only one of Jewish law’s criminal law enforcement systems, namely, the operation [...]
From the Legal History Blog: Proposals are invited from members of the American Society for Legal History interested in joining an ASLH-sponsored panel at the Israeli Legal History Association’s annual conference to be held 15 October 2012 in Jerusalem. As part of its policy of international outreach, the ASLH has entered into an agreement with [...]
The Legal History Blog links to the articles from UC Irvine Law Review’s symposium on Theory and Method in Legal History. All of the articles can be found here. The following may be of special interest to readers of this blog: Shai J. Lavi, Enchanting a Disenchanted Law: On Jewish Ritual and Secular History in [...]
Below is a video of a lecture by Lawrence Kaplan on “Can the Halakhah Suspend One’s Emotions? Rabbi Soloveitchik, Rashi, and Maimonidies on the Laws of Mourning.”
Recommended reading: Adiel Schremer’s working paper, Toward Critical Halakhic Studies. Here is the abstract: Current scholarly study of Jewish law concentrates either on a description and analysis of halakhic doctrines, or on the jurisprudential theories underlying the thought of halakhic thinkers. Questions such as: “how halakhic decisions are actually produced?”, and “what are the various [...]
So is Jewish law based more on “legal reasoning” or “legal interpretation”? I am sure that the answer depends on who, when, and where. Endicott on Legal Interpretation: Timothy A.O. Endicott (University of Oxford – Faculty of Law) has posted Legal Interpretation (Routledge Companion to Philosophy of Law, A. Marmor, ed., Routledge, 2012) on SSRN. [...]
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