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The Jewish Law Annual Volume 14 (Jewish Law Annual) PDF

416 Pages·2003·1.48 MB·English
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THE JEWISH LAW ANNUAL The Institute of Jewish Law Boston University School of Law 765 Commonwealth Avenue Boston, MA02215 Publication No. 29 THE JEWISH LAW ANNUAL VOLUME FOURTEEN THE INSTITUTE OF JEWISH LAW BOSTON UNIVERSITYSCHOOLOF LAW First published 2003 by Routledge 11 New Fetter Lane, London EC4P4EE Simultaneously published in the USAand Canada by Routledge 29 West 35th Street, New York, NY10001 Routledge is an imprint of the Taylor & Francis Group This edition published in the Taylor & Francis e-Library, 2003. © 2003 Trustees of Boston University 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 A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data A catalog record for this book has been requested ISBN 0-203-42300-3 Master e-book ISBN ISBN 0-203-42474-3 (Adobe eReader Format) ISBN–0–415–30913–1 (Print Edition) This volume is dedicated to the memory of Isaac Hecht who joyfully devoted his life to serving his Creator and helping his fellow man The Jewish Law Annualis published under the auspices of The Institute of Jewish Law, Boston University School of Law, in conjunction with the Oxford Centre for Hebrew and Jewish Studies and the International Association of Jewish Lawyers and Jurists. 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 canceled at any time, and provide for automatic billing and shipping of each title in the series upon publication. Please write for details. CONTENTS PART ONE Hanina BEN-MENAHEM, Doubt, Choice and Conviction: AComparisonof the Kim LiDoctrine and Probabilism 3 Yitzchok A. BREITOWITZ, Halakhic Alternatives in IVF-Pregnancies: ASurvey 29 Irwin H. HAUT, z”l, Recovery for Fright, Shock and Emotional Distress under Jewish Law, and Some Comparisons to the Common Law 121 David HENSHKE, Agency and Divorce Proceedings: On the Legal Methodology of Maimonides’ Mishne Torah 163 Ephraim KANARFOGEL, Halakha and Metziut(Realia) in Medieval Ashkenaz: Surveying the Parameters and Defining the Limits 193 Aaron LEVINE, Onaaand the Operation of the Modern Marketplace 225 Ephraim NISSAN, Review Article: Some Recent Work on Logic, Mathematics and Halakha 259 Meir RAFFELD, The Controversies of the Sages of Poland in the Sixteenth Century: AChapter in the History of Jewish Law, Its General Rules and Methods of Decision-Making 271 Bernard SEPTIMUS, Kings, Coinage and Constitutionalism: Notes on a Responsum of Nahmanides 295 Michael WYGODA, On the Relationship between the Capacity to Perform a Legal Task and the Capacity to Appoint an Agent to Perform It 315 viii CONTENTS PART TWO CHRONICLE Martin EDELMAN, “Something there is that doesn’t love a wall” 353 Daniel B. SINCLAIR, Jewish Law in Israel and around the World 367 1 The validity of a gift made with the intention that it take effect only upon the donor’s death 2 Does showing films featuring Orthodox Jews on Shabatinfringe their basic rights? 3 When one life overrides another: separating conjoined twins in English and Jewish law PART THREE Survey of Recent Literature 389 Style Sheet 403 PART ONE

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The volume contains ten articles, including a penetrating analysis of the application of Jewish price fraud law to the workings of the present-day marketplace. Diverse in their scope and focus, the articles address legal, historical, textual, comparative and conceptual questions.The volume concludes
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