Jewish law and American law : a comparative study / Samuel J. Levine.
2018
KF358 .L48 2018 (Map It)
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Details
Author
Title
Jewish law and American law : a comparative study / Samuel J. Levine.
Uniform Title
Essays. Selections
Published
New York : Touro College Press, 2018.
Distributed
Brighton, MA : Academic Studies Press
Copyright
©2018
Call Number
KF358 .L48 2018
ISBN
9781618116550 volume 1 hardcover
161811655X volume 1 hardcover
9781618116574 volume 2 hardcover
1618116576 volume 2 hardcover
161811655X volume 1 hardcover
9781618116574 volume 2 hardcover
1618116576 volume 2 hardcover
Description
2 volumes ; 25 cm
System Control No.
(OCoLC)1003272997
Summary
"This volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system. Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Levine, Samuel J. Jewish law and American law. New York, NY : Touro College Press, 2017 9781618116567 (DLC) 2017043274
Record Appears in
Table of Contents
Volume
1
Acknowledgments
vii
Introduction
x
Section One
Comparative Study of Jewish Law and American Law: An Introduction
1
1.
Teaching Jewish Law in American Law Schools: An Emerging Development in Law and Religion
1
2.
Applying Jewish Legal Theory in the Context of American Law and Legal Scholarship: A Methodological Analysis
6
3.
Introduction to Interpretation in Jewish Law, with References to American Legal Theory
27
4.
Introduction to Legislation in Jewish Law, with References to the American Legal System
63
Section Two
Capital Punishment
83
5.
Capital Punishment in Jewish Law and Its Application to the American Legal System: A Conceptual Overview
83
6.
Playing God: An Essay on Law, Philosophy, and American Capital Punishment
99
Section Three
Self-Incrimination
127
7.
Introduction to Self-Incrimination in Jewish Law, with Application to the American Legal System: A Psychological and Philosophical Analysis
127
8.
Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical Framework
147
Section Four
Constitutional Theory
161
9.
Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics
161
10.
Rules and Standards in Jewish Law and American Constitutional Law
178
11.
Of Inkblots and Omnisignificance: Conceptualizing Secondary and Symbolic Functions of the Ninth Amendment in a Comparative Hermeneutic Framework
208
Section Five
Legal Practice
221
12.
Reflections on the Practice of Law as a Religious Calling from a Perspective of Jewish Law and Ethics
221
13.
Look at American Legal Practice through a Perspective of Jewish Law, Ethics, and Tradition: A Conceptual Overview
230
14.
Taking Ethics Codes Seriously: Broad Ethics Provisions and Unenumerated Ethical Obligations in a Comparative Hermeneutic Framework
245
15.
Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to "Seek Justice" in a Comparative Analytical Framework
293
16.
Taking Ethical Obligations Seriously: A Look at American Codes of Professional Responsibility through a Perspective of Jewish Law and Ethics
326
Index
364