Boundaries of Loyalty: Testimony Against Fellow Jews in Non-Jewish Courts

ISBN-13: 9781107090651 / Angielski / Twarda / 2016 / 280 str.

Saul J. Berman

Opis

This book surveys the Jewish Law of testimony as presented in the Talmud and its boundaries on loyalty in non-Jewish courts.

Recenzje

'This is a fascinating book about the history of a particular halachic (Jewish legal) concept; namely, the issue of a Jew providing testimony against a fellow Jew in a non-Jewish court. … The book is a masterpiece of legal analysis and a brilliant case study of tracing an interesting and relevant legal concept through nearly two thousand years of legal history. … The writing is clear and lucid, and even though it is structured in a manner similar to a legal treatise, this book can be understood by anyone interested in the subject matter at hand or someone with an even basic familiarity with Jewish law.' David Tesler, Association of Jewish Libraries

Spis treści

Acknowledgements; Introduction; 1. The use of non-Jewish courts: the Tannaitic period; 2. Legislative constraint on testimony: the Amoraic period; 3. Rejected rationales of testimonial restriction: the Gaonic period into the period of the Rishonim; 4. Creation of a duty to testify against fellow Jews in non-Jewish courts in the period of the Rishonim: i.e. under what circumstances could testimony in an honest non-Jewish court be required by Jewish law (and testimony then be permissible even in corrupt non-Jewish courts)?; 5. The tension between responsa and codification: not every good ruling makes a good rule Maharam Mintz, Rabbi Joseph Caro and Rabbi Moshe Isserlis; 6. Further expansion of the duty to testify against fellow Jews in non-Jewish courts in the period of the Acharonim: R. Yaacov Emden; 7. Contemporary attempts to revert to the original law of Rava: expanding the boundaries of loyalty; 8. Conclusion: reflections on loyalty and law; Bibliography; Index.