Authority, Process and Method

284 Pages·1999·25.83 MB·\284

by  Menahem (Author)

Authority, Process and Method
Jewish Law in Context
A series edited by Neil S. Hecht
Volume 1
JUDICIAL DEVIATION IN TALMUDIC LAW
Governed by Men, Not by Rules
Hanina Ben-Menahem
Volume 2
AUTHORITY, PROCESS AND METHOD
Studies in Jewish Law
Edited by Hanina Ben-Menahem and Neil S. Hecht
This volume isa joint project of
The Institute of Jewish Law The Institute for Research in Jewish Law
Boston University School of Law Faculty of Law
765 Commonwealth Avenue The Hebrew University of Jerusalem
Boston, MA 02215 Mount Scopus, Jerusalem
Publication No. 24 Publication No. 25
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.
Authority, Process and Method
Studies in Jewish Law
Edited by
Hanina Ben-Menahem
Faculty ofL aw
The Hebrew University ofJ erusalem
and
Neil S. Hecht
Boston University School ofL aw
Boston, Massachusetts
Boca Raton London New York
CRC Press is an imprint of the
Taylor & Francis Group, an informa business
First published 1998 by Harwood Academic Publishers
Published 2018 by CRC Press
Taylor & Francis Group
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© 1998 by Taylor & Francis Group, LLC
CRC Press is an imprint of Taylor & Francis Group, an Informa business
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ISBN-13: 978-90-5702-552-5 (hbk)
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British Library Cataloguing in Publication Data
Authority, process and method : studies in Jewish law. -
(Jewish law in context; v. 2)
1. Jewish law
I. Ben-Menahem, Hanina II. Hecht, Neil S.
296.1'8
We express our appreciation to Beatrice, Jay and Judith Espovich
through whose generosity this volume has been published
in memory of The Honorable Norman Espovich

Contents
Acknowledgments ix
Introduction xi
1 PRECEDENT IN JEWISH LAW 1
Zerah Warhaftig
2 THE JUDGE-AGENT ANALOGY IN THE TALMUD 33
Hanina Ben-Menahem
3 THE LEGAL STATUS OF THE RESPONSA LITERATURE 59
Berachyahu Lifshitz
4 THE LAW IS IN ACCORD WITH THE LATER
AUTHORITY—Hilkhata Kebatrai: Historical
Observations on a Legal Rule 101
Israel Ta-Shma
5 ON THE PLACE OF LOGIC (SVARA) IN
MAIMONIDES’ CODE 129
Shimshon Ettinger
6 EVASION OF THE LAW IN THE TALMUD 171
Shmuel Shilo
7 INADVERTENT ADULTERY (SHGAGA)
IN JEWISH LAW: MISTAKE OF LAW AND
MISTAKE OF FACT 231
Moshe Drori
Contributors 269

Acknowledgments
The papers in this volume originally appeared in the following volumes of the
Shenaton Ha-Mishpat Ha-Ivri, the annual of The Institute for Research in
Jewish Law of The Hebrew University of Jerusalem: chapter 1, vols. 6-7
(1979-1980), pp. 105-132; chapter 2, vols. 9-10 (1982-1983), pp. 51-71;
chapter 3, vols. 9-10, pp. 265-297; chapter 4, vols. 6-7, pp. 405-423; chapter 5,
vols. 14-15 (1988-1989), pp. 1-30; chapter 6, vol. 8 (1981), pp. 309-355; and
chapter 7, vol. 1 (1974), pp. 72-97.
Chapters 1-6 were translated by Shmuel Wosner; chapter 7 was trans­
lated by Tzipora Brody. The translations were edited by Nessa Olshansky-
Ashtar, who translated the postscript to chapter 4 and assisted us in the
onerous task of preparing this volume for publication.