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Mishpat Ivri
''Mishpat Ivri'' (, "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. History The idea of ''mishpat ivri'' as a western-style body of laws, distinct from the halakha which was deemed religious in nature, appeared in Mandate Palestine as a part of the zionist revivalist movement. 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 cop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halakha
''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is based on biblical commandments (''Mitzvah, mitzvot''), subsequent Talmudic and Mitzvah#Rabbinic mitzvot, rabbinic laws, and the customs and traditions which were compiled in the many books such as the ''Shulchan Aruch'' or ''Mishneh Torah''. ''Halakha'' is often translated as "Jewish law", although a more literal translation might be "the way to behave" or "the way of walking". The word is derived from the Semitic root, root, which means "to behave" (also "to go" or "to walk"). ''Halakha'' not only guides religious practices and beliefs; it also guides numerous aspects of day-to-day life. Historically, widespread observance of the laws of the Torah is first in evidence beginning in the second century BCE, and some say that the first evide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with theories such as natural law, which hold that law is necessarily connected to morality in such a way that any law that contradicts morality lacks legal validity. Thomas Hobbes defined law as the command of the sovereign. This idea was elaborated in the 18th and 19th centuries by legal philosophers such as Jeremy Bentham and John Austin (legal philosopher), John Austin, who argued that a law is valid not because it is intrinsically moral or just, but because it comes from the sovereign, is generally obeyed by the people, and is backed up by sanctions. Hans Kelsen developed legal positivism further by separating law not only from morality, as the early positivists did, but also from empirical facts, introducing the concept of a N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jewish Courts And Civil Law
Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, religion, and community are highly interrelated, as Judaism is their ethnic religion, though it is not practiced by all ethnic Jews. Despite this, religious Jews regard converts to Judaism as members of the Jewish nation, pursuant to the long-standing conversion process. The Israelites emerged from the pre-existing Canaanite peoples to establish Israel and Judah in the Southern Levant during the Iron Age. John Day (2005), ''In Search of Pre-Exilic Israel'', Bloomsbury Publishing, pp. 47.5 8'In this sense, the emergence of ancient Israel is viewed not as the cause of the demise of Canaanite culture but as its upshot'. Originally, Jews referred to the inhabitants of the kingdom of JudahCf. Marcus Jastrow's ''Dictionary of the Targumim, Talmud Babli, Talmud Yerushalmi and Mi ... [...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 State of Israel, history of the territory of the State of Israel throughout the last hundred years (which was at various times prior to independence under Ottoman Empire, Ottoman, then Mandatory Palestine, British sovereignty), as well as the legal systems of its major religion in Israel, religious communities. The Israeli legal system is based on common law, which also incorporates facets of Civil law (legal system), civil law. The Israeli Declaration of Independence asserted that a formal Constitution of Israel, constitution would be written, though it has been continuously postponed since 1950. Instead, the Basic Laws of Israel () 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 Israe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Culture Of Israel
The culture of Israel is closely associated with Jewish culture and rooted in the Jewish history of the diaspora and Zionist movement. It has also been influenced by Arab culture and the history and traditions of the Arab Israeli population and other ethnic minorities that live in Israel, among them Druze, Circassians, Armenians and others. Tel Aviv and Jerusalem are considered the main cultural hubs of Israel. The ''New York Times'' has described Tel Aviv as the "capital of Mediterranean cool," ''Lonely Planet'' ranked it as a top ten city for nightlife, and ''National Geographic'' named it one of the top ten List of beaches in Israel, beach cities. Similarly, Jerusalem has earned international acclaim; Time (magazine), ''Time'' magazine included it in its list of the "World’s Greatest Places," and Travel + Leisure, ''Travel+Leisure'' ranked it as the third favorite city in ME and Africa among its readers. Israel's List of Israeli museums, museums, numbering over 200, draw T ... [...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 ... [...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, Islamic courts, Druze courts, and courts for ten recognized Christian communities. However, religious courts wield extremely limited authority, and they are engaged with for marital affairs, as no non-religious form of marriage performed in Israel is recognized legally. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of Israel
The attorney general of Israel (, ''Ha-Yo'etz Ha-Mishpati La-Memshala'', ) 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 they examine and advise 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 the attorney general are not codified in law and have been born out of precedent and tra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a legal system that governs interactions between individual persons. It is 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. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Israel
Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Israeli-occupied territories, It occupies the Occupied Palestinian territories, Palestinian territories of the West Bank in the east and the Gaza Strip in the south-west. Israel also has a small coastline on the Red Sea at its southernmost point, and part of the Dead Sea lies along its eastern border. Status of Jerusalem, Its proclaimed capital is Jerusalem, while Tel Aviv is the country's Gush Dan, largest urban area and Economy of Israel, economic center. Israel is located in a region known as the Land of Israel, synonymous with the Palestine (region), Palestine region, the Holy Land, and Canaan. In antiquity, it was home to the Canaanite civilisation followed by the History of ancient Israel and Judah, kingdoms of Israel and Judah. Situate ... [...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 Internat ... [...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 Jews, also known as Sephardi Jews or Sephardim, and rarely as Iberian Peninsular Jews, are a Jewish diaspora population associated with the historic Jewish communities of the Iberian Peninsula (Spain and Portugal) and their descendant ...) and the co-existence of incompatible rules. He believes Halakha makes room for judicial discretion ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
