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  3. Cambridge Studies in Law and Judaism

The law and religion movement is a growing field dedicated to studying the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, norms and practices. Cambridge Studies in Law and Judaism cultivates scholarship on Jewish topics in law and religion including translations, historical accounts of the foundations of the Jewish legal system, and innovative comparative studies. Its mission is to break new ground in studying what Jewish law has, can, and should offer to public, private, penal, and procedural law and legal theory.

  • General Editors: Mark Goldfeder, Emory University, Atlanta, John Witte, Emory University, Atlanta

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3 results in Cambridge Studies in Law and Judaism

Maimonides and Contemporary Tort Theory
  • Law, Religion, Economics, and Morality
  • Yuval Sinai, Benjamin Shmueli
  • Published online:
    10 August 2020
    Print publication:
    06 August 2020
  • Maimonides lived in Spain and Egypt in the twelfth century, and is perhaps the most widely studied figure in Jewish history. This book presents, for the first time, Maimonides' complete tort theory and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new as well as religious and secular, Maimonides and Contemporary Tort Theory offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues that will be of interest to both religious and secular scholars. The authors mention several surprising points of similarity between certain elements of theories recently formulated by North American scholars and the Maimonidean theory. Alongside these similarities significant differences are also highlighted, some of them deriving from conceptual-jurisprudential differences and some from the difference between religious law and secular-liberal law.

Law and Identity in Israel
  • A Century of Debate
  • Nir Kedar
  • Published online:
    24 October 2019
    Print publication:
    14 November 2019
  • What makes Israeli law Israeli? Why is the word 'Jewish' almost entirely absent from Israeli legislation? How did Israel succeed in eluding a futile and dangerous debate over identity, and construct a progressive, independent, original and sophisticated legal system? Law and Identity in Israel attempts to answer these questions by looking at the complex bond between Zionism and the Jewish culture. Forging an original and 'authentic' Israeli law that would be an expression and encapsulation of Israeli-Jewish identity has been the goal of many Jewish and Zionist jurists as well as public leaders for the past century. This book chronicles and analyzes these efforts, and in the process tackles the complex meaning of Judaism in modern times as a religion, a culture, and a nationality. Nir Kedar examines the challenges and difficulties of expressing Judaism, or transplanting it into, the laws of the state of Israel.

The Jewish Family
  • Between Family Law and Contract Law
  • Yehezkel Margalit
  • Published online:
    15 December 2017
    Print publication:
    11 January 2018
  • Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. Through interdisciplinary research combining the legal aspects of family law and contract law, it explores how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on the nexus of Jewish family law and contract law to propose how 'freedom of contract' can be part of how family law can be interpreted, The Jewish Family will appeal to practitioners, activists, academic researchers, and laymen readers who are interested in the fields of law, theology, and social science.