By Elliot N. Dorff
This publication examines biblical and rabbinic legislation as a coherent, carrying on with felony culture. It explains the connection among faith and legislation and the interplay among legislations and morality. ample choices from fundamental Jewish resources, many newly translated, permit the reader to deal with the culture at once as a residing physique of legislations with emphasis at the matters which are fundamental for attorneys, legislators, and judges. via an in-depth exam of non-public harm legislation and marriage and divorce legislation, the e-book explores jurisprudential matters very important for any criminal process and screens the first features of Jewish law.
A residing Tree could be of specific curiosity to scholars of legislations and to Jews keen on the criminal dimensions in their culture. The authors supply enough motives of the resources and their value to make it pointless for the reader to have a heritage in both Jewish reports or legislations.
"This publication is exceptional. It offers the correct criminal resources for comprehending Jewish legislation and extra info (historical, sociological, etc.) for knowing the evolution of Jewish legislation. The authors' reviews are continually transparent and priceless and regularly insightful. The manuscript is not just attention-grabbing however it is fascinating. the subject is necessary to Judaic reviews and to ancient stories normally. it's the most sensible number of fabric on Jewish legislations on hand within the United States." -- Martin Edelman, country college of recent York at Albany
"What i admire such a lot approximately this booklet is the breadth of therapy with out sacrifice of intensity or sophistication. this can be a tremendous English language advent to Jewish law." -- David Goodblatt , college of Maryland in school Park
"A residing Tree is, in our opinion, from either a pedagogical and a scholarly point of view, the best booklet of its sort to be had this present day. the original beneficial properties of this booklet make it a beneficial contribution to the scholarship of the sector. certainly, in lots of methods, we'd count on that this publication becomes the traditional English paintings on Jewish law." -- Rabbi David Saperstein and Sherman L. Cohn, Georgetown college legislations heart
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Extra info for A Living Tree: The Roots and Growth of Jewish Law
Archaeologists have unearthed the last three places and have found tangible evidence of what the Bible reports. In the Negev, Beersheva was the strategic center then, as it has remained ever since. In Abraham's time, Sodom and Gemorah and other towns flourished at the southern end of the Dead Sea. Recent excavations have supplied support for the biblical story of their catastrophic end. Abraham and his family, including his nephew, Lot, lived a seminomadic life that required a clear and simple chain of command within 18 BIBLICAL LA W the community.
For our purposes, the most important kernels of history are the signs of a fairly sophisticated legal system that operated in the patriarchal period. The Bible describes Abraham and his kinsmen as "ev'rim" coming from the root meaning "to pass" -in this instance, to wander along the Fertile Crescent of Mesopotamia, which is located in what today is part of Syria and Iraq. Some of the ev'rim or "Habiru," kept flocks of sheep and herds of cattle, as Abraham did. Others were skilled craftsmen. Still others hired themselves out as workers or warriors.
When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other misfortune ensues, the one responsible IHehrew, "he"! , the age of the embryo; others, "as the judges determine"l. [231 But if other misfortune ensues, the penalty shall he life for life, [241 eye for eye, tooth for tooth, hand for hand, foot for foot, [251 burn for burn, wound for wound, bruise for bruise. 1261 When a man strikes the eye of his slave, male or female, and destroys it, he shall let him go free on account of his eye.
A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff