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hermeneutics, both its presuppositions and its techniques; 2 and the extent to which the rabbis’ hermeneutical presuppositions and techniques are shaped by broader cultural encounters. 3 In this paper, I present case studies from the Babylonian Talmud that address all three research questions. The cases

In: Journal of Law, Religion and State

status of repentance in divine and human punishment? 15 2 Acceptance of Repentance Depends on the Attribute of Mercy ( midat ha-rachamim ) The starting point for our discussion is an investigation of aggadic Talmudic sources, attributed to Palestinian Rabbis, which contrast acceptance of repentance

In: Journal of Law, Religion and State
In: Law in Society: Reflections on Children, Family, Culture and Philosophy
Essays in Honour of Michael Freeman
This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol,
philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived.
The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.
The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).

lack of a central dogma. He claims that the Buddhist tradition might accept reproductive cloning, but emphasises the danger of instrumentalising cultural practices/beliefs to support permissive regulation. Oeming explains that the Jewish approach to cloning is informed by the Tenach , Talmud and

In: European Journal of Health Law

criminal law in the Muslim world: from the Taliban in Afghanistan to the moderate criminal justice system in Tunisia. 2. Islamic Law as an Open System At one point, two schools of thought existed as to the origins of non-Islamic legal thought (particularly Talmudic law, Byzantine–Roman law, canon law and

In: International Criminal Law Review

attaches to ordinary property cases. The Torah 56 contains no such rule, but it appears in rabbinic writings, debate, and thought recorded over the centuries, including the Talmud . 57 Tracing the intellectual history of this judge-as-parent requirement demonstrates that the raising of children was, in

In: Journal of Law, Religion and State

expressed through the elevation of talmud Torah , the study of biblical and rabbinic texts, as a fundamental religious duty and the principal currency of Jewish jurisprudence. Likewise, some Muslim scholars articulated the idea that the central jurisprudential imperative in Islamic law is ijtihad , or the

In: Journal of Law, Religion and State

here is most useful to the latter. Second, the cultural model is not concerned with what has led to the status quo culture. For example, it may well be the case that rabbis in the Talmudic era took interpretive liberties that contemporary rabbis would not. 16 What matters for purposes of the

In: Journal of Law, Religion and State