The Jewish Law Annual Volume 16 (Jewish Law Annual) PDF
Preview The Jewish Law Annual Volume 16 (Jewish Law Annual)
THE JEWISH LAW ANNUAL The Institute ofJewish Law Boston University School of Law 765 Commonwealth Avenue Boston MA02215 Publication No. 32 THE JEWISH LAW ANNUAL VOLUME SIXTEEN THE INSTITUTE OF JEWISH LAW BOSTON UNIVERSITYSCHOOLOF LAW First published 2006 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USAand Canada by Routledge 270 Madison Ave, New York, NY10016 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2006 Trustees of Boston University This edition published in the Taylor & Francis e-Library, 2006. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data Acatalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Acatalog record for this book has been requested ISBN10: 0–415–39209–8 ISBN13: 978–0–415–39209–9 We express our appreciation to Paul and Neil Sugarman, through whose generosity this volume has been published in memory of their parents, Samuel and Ruth Sugarman, whose love and inspiration they honor The Jewish Law Annualis published under the auspices of the Institute of Jewish Law, Boston University School of Law. Editor BERACHYAHULIFSHITZ Executive Board HANINABEN-MENAHEM NEILS. HECHT BERACHYAHULIFSHITZ Board of Editors HANINABEN-MENAHEM, Jerusalem BERACHYAHULIFSHITZ, Jerusalem DOVFRIMER, Jerusalem STEPHENM. PASSAMANECK, Los Angeles NEILS. HECHT, Boston DANIELSINCLAIR, Jerusalem BERNARDJACKSON, Liverpool RONALDWARBURG, Teaneck NJ Manuscript Editor NESSAOLSHANSKY-ASHTAR Editorial communications should be addressed to Prof. Berachyahu Lifshitz, Institute for Research in Jewish Law, Faculty of Law, The Hebrew University of Jerusalem, Mount Scopus, 91905 Jerusalem, Israel. All communications should be clearly marked “Attention: Editor, Jewish Law Annual.” Contributors should consult the style sheet that appears at the end of the volume; it is also available from the editor upon request. Submissions are welcome from all. Neither the editor nor members of the Board of Editors are to be associated with the views expressed by contributors. This book is part of a series. The publisher will accept continuation orders, which may be cancelled at any time, and which provide for automatic billing and shipping of each title in the series upon publication. Please write for details. CONTENTS PART ONE Judah GALINSKY, Ashkenazim in Sefarad: The Rosh and the Tur on the Codification of Jewish Law 3 Ron S. KLEINMAN, Early Interpretations of the Bible and Talmud as a Reflection of Medieval Legal Realia 25 Yechezkel LICHTENSHTEIN, Suicide as an Act of Atonement in Jewish Law 51 David MALKIEL, The Burden of the Past in the Eighteenth Century: Authority, Custom and Innovation in the Pahad Yitzhak 93 PART TWO CONFERENCE PAPERS Hanina BEN-MENAHEM, Some Introductory Remarks on Genesis Rabbah and the Law 135 Charles DONAHUE, Jr., Genesis in Western Canon Law 155 Timothy D. LYTTON, Due Process and Legal Authority in the Garden of Eden: Jurisprudence in Aggadic Midrash 185 PART THREE CHRONICLE Martin EDELMAN, ATale of Two Cultures: Conspicuous Religious Symbols in the Public Schools of France and the United States 205 viii CONTENTS Daniel B. SINCLAIR, Jewish Law in the State of Israel 221 1 Arabbinical court decision regarding a dispute over the fate of pre-embryos 2 Kofin al midat sdom: abuse of rights in Jewish law 3 Adefinitive rabbinical court decision on the status of civil marriage PART FOUR Survey of Recent Literature 245 Style Sheet 253 FROM THE PUBLISHER An international conference on the topic “Genesis and Jewish Law,” jointly sponsored by the Boston University School of Law’s Institute of Jewish Law, and Harvard Law School’s Gruss Chair of Talmudic Civil Law, took place May 18–20, 2003 at Harvard Law School. We decided to include a number of the conference presentations in the Jewish Law Annual, and therefore asked participants to submit them as articles for publication. Three of these articles are grouped together in a special section commencing on page 135. We hope our readers will find them of interest. Neil S. Hecht The Institute of Jewish Law Boston University School of Law
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