|
Mishpat Ivri
''Mishpat Ivri'' (Hebrew: משפט עברי, "Jewish/Hebrew law/jurisprudence") are the aspects of ''halakha'' ("traditional Jewish law") that are relevant to non-religious or secular law. In addition, the term refers to an academic approach to the Jewish legal tradition and a concomitant effort to apply that tradition to modern Israeli law. Overview The academic study of ''Mishpat Ivri'' spans the full geographic, literary, and historical range of ''halakha''. It tends to exclude certain areas of ''halakha'' that are not comparable to modern civil law, such as criminal law and religious law. Subjects covered in ''Mishpat Ivri'' include: property rights, torts (called damages in Jewish law), contracts, public law, international law, sales, renting, ownership, negligence, legal liability, and copyright. Within classical rabbinic Judaism, all ''Mishpat Ivri'' subjects are also subsumed under ''halakha'' (Jewish law in general). Scholars of ''Mishpat Ivri'' typically adopt me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hebrew Language
Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved throughout history as the main liturgical language of Judaism (since the Second Temple period) and Samaritanism. Hebrew is the only Canaanite language still spoken today, and serves as the only truly successful example of a dead language that has been revived. It is also one of only two Northwest Semitic languages still in use, with the other being Aramaic. The earliest examples of written Paleo-Hebrew date back to the 10th century BCE. Nearly all of the Hebrew Bible is written in Biblical Hebrew, with much of its present form in the dialect that scholars believe flourished around the 6th century BCE, during the time of the Babylonian captivity. For this reason, Hebrew has been referred to by Jews as '' Lashon Hakodesh'' (, ) since an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Israel
Israeli law is based mostly on a common law legal system, though it also reflects the diverse history of the territory of the State of Israel throughout the last hundred years (which was at various times prior to independence under Ottoman, then British sovereignty), as well as the legal systems of its major religious communities. The Israeli legal system is based on common law, which also incorporates facets of civil law. The Israeli Declaration of Independence asserted that a formal constitution would be written, though it has been continuously postponed since 1950. Instead, the Basic Laws of Israel ( he, חוקי היסוד, ''ħuqey ha-yesod'') function as the country's constitutional laws. Statutes enacted by the Knesset, particularly the Basic Laws, provide a framework which is enriched by political precedent and jurisprudence. Foreign and historical influences on modern-day Israeli law are varied and include the Mecelle (Hebrew: מג'לה; the civil code of the Ottoman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Israeli Culture
The roots of the culture of Israel developed long before modern Israel's independence in 1948, and traces back to ancient Israel ( 1000 BCE). It reflects Jewish culture, Jewish history in the diaspora, the ideology of the Zionist movement that developed in the late 19th century, as well as the history and traditions of the Arab Israeli population and ethnic minorities that live in Israel, among them Druze, Circassians, Armenians and others. Israel is the birthplace of the Jewish culture, and encompasses the foundations of many Jewish cultural characteristics, including philosophy, literature, poetry, art, mythology, folklore, mysticism and festivals; as well as Judaism, which was also fundamental to the creation of Christianity and Islam."Upon the foundation of Judaism, two civilizations centered on monotheistic religion emerged, Christianity and Islam. To these civilizations, the Jews added a leaven of astonishing creativity in business, medicine, letters, science, the ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nahum Rakover
Nahum Rakover (Hebrew: נחום רקובר b. 13 November 1932), professor emeritus at Bar-Ilan University, is an Israeli former deputy attorney general. Rakover is a leading researcher in the application of traditional Jewish rabbinic law to Israel's state legal system. Legal career Nahum Rakover is a prolific author on Jewish law and associated with the Mishpat Ivri movement, and is the author of over 30 books and 200 articles. In addition to important monographs, he has compiled several bibliographies on the use of Jewish law in Israeli judicial opinions, legislative deliberations, and scholarship. He is the advisor on Jewish Law to the Israeli Ministry of Justice. Rakover's 2-volume "Jewish Law in the Debates of the Knesset" explores the applications of Jewish law to the problems of modern Israeli society from a legislative rather than a judicial perspective. Of particular interest is his discussion of the 1980 Foundations of Law Act, which looks at the extent to which Jewis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts In Israel
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice. Religious courts include Jewish batei din, Muslim and Druze courts, and courts for ten recognized Christian communities. Criminal and civil courts Supreme Court Located in Jerusalem, the Supreme Court has ultimate appellate jurisdiction over all other civil and military courts, and in some cases original jurisdiction in criminal and civil cases. As an appellate court, it considers appeals on judgement and other decisions by the district courts, and in rare cases it takes appeals from the labor and military court systems. It also considers appeals on a judicial and quasi-judicial cases of various kinds, such as matters relating to the legality of Knesset elections and disciplinary rulings of the Bar Association. Sitting as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of Israel
The attorney general of Israel ( he, היועץ המשפטי לממשלה, ''Ha-Yo'etz Ha-Mishpati La-Memshala'', lit. ''Legal Advisor to the Government'') heads the legal system of the executive branch and the public prosecution of the state. The attorney general advises the government in legal matters, represents the state authorities in court, advises in the preparation of legal memoranda for the government in general and the justice minister in particular. Likewise she or he examines and advises upon private member's bills in the Knesset. Additionally, the attorney general is tasked with protecting the rule of law and, as such, entrusted with protecting the public interest from possible harm by government authorities. It is an independent appointed position, one of the most important and influential in the Israeli democracy, and a central institution in the framework of the Israeli legal system. Owing to the common law tradition of the domestic legal system, the duties of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated on the southeastern shore of the Mediterranean Sea and the northern shore of the Red Sea, and shares borders with Lebanon to the north, Syria to the northeast, Jordan to the east, and Egypt to the southwest. Israel also is bordered by the Palestinian territories of the West Bank and the Gaza Strip to the east and west, respectively. Tel Aviv is the economic and technological center of the country, while its seat of government is in its proclaimed capital of Jerusalem, although Israeli sovereignty over East Jerusalem is unrecognized internationally. The land held by present-day Israel witnessed some of the earliest human occupations outside Africa and was among the earliest known sites of agriculture. It was inhabited by the Canaanites ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bernard Jackson (professor)
Bernard Stuart Jackson is a former law professor at Liverpool Polytechnic, the University of Kent (1985), and the University of Liverpool (Queen Victoria Professor of Law, 1989–97). From 1997-2009 he was Alliance Professor of Modern Jewish Studies at the University of Manchester, Co-Director of its Centre for Jewish Studies and Director of its Agunah Research Unit (2004–09). Latterly, he was (PT) Professor of Law and Jewish Studies at Liverpool Hope University (2009–15). His major academic interests are legal theory, semiotics, and Jewish law. Jackson was the founding editor of ''The Jewish Law Annual'', 1978–97; and (with others) has published ''An Introduction to the History and Sources of Jewish Law'' (Oxford: Clarendon Press, 1996). Jackson works with colleagues in the Mishpat Ivri movement yet he criticizes the dominant approach based on legal positivism and has been both Hon. President and Chairman of The Jewish Law Association. He was a founder member of the Interna ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanina Ben-Menahem
Hanina Ben-Menahem is an Oxford trained scholar at the Hebrew University of Jerusalem who specializes in Jewish law (Halakha). Ben-Menahem is critical of the legal positivist approach that dominates Mishpat Ivri, a comparative legal approach to Halakha. He was also a renowned chancellor of law in which he made several advancement in jurisprudence. He argues that Jewish law is not a unified legal system and that its sources and principles are not logically and hierarchically ordered. Instead, he contends that Jewish law has a pluralistic structure, in regard both to its differing domains of authority (e.g., Ashkenazi and Sephardi Sephardic (or Sephardi) Jews (, ; lad, Djudíos Sefardíes), also ''Sepharadim'' , Modern Hebrew: ''Sfaradim'', Tiberian Hebrew, Tiberian: Səp̄āraddîm, also , ''Ye'hude Sepharad'', lit. "The Jews of Spain", es, Judíos sefardíes (or ), ...) and the co-existence of incompatible rules. He believes Halakha makes room for judicial discretion and de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comparative Law
Comparative law is the study of differences and similarities between the law (legal systems) of different countries. More specifically, it involves the study of the different legal "systems" (or "families") in existence in the world, including the common law, the civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism, economic globalization, and democratization. History The origins of modern Comparative Law can be traced back to Gottfried Wilhelm Leibniz in 1667 in his Latin-language book ''Nova Methodus Discendae Docendaeque Iurisprudentiae'' (New Methods of Studying and Teaching Jurisprudence). Chapter 7 (Presentation of Law as the Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into several ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.png "Click for more on -> Comparative Law")