The Jewish Family: Between Family Law and Contract Law

ISBN-13: 9781107163409 / Angielski / Twarda / 2018 / 220 str.

Yehezkel Margalit

Opis

Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. It explores, through interdisciplinary research combining the legal aspects of family law and contract law, how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on the nexus of Jewish family law and contract law to propose how 'freedom of contract' can be part of how family law can be interpreted, The Jewish Family will appeal to practitioners, activists, academic researchers, and laymen readers who are interested in the fields of law, theology, and social science.

Spis treści

1. Regulating marital relations between spouses by consent; 2. 'Freedom of contract' in Jewish family law - the differences between the Babylonian and Palestinian Talmuds; 3. Is there really no conditional marriage?; 4. Temporary marriage - a possible solution to the problem of the Agunah?; 5. Towards establishing Halakhic parenthood by agreement?; Index; Bibliography.