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Jewish Law and American Law, Volume 1

A Comparative Study

Samuel J. Levine (author)

ISBN: 9781644694619

Publication Date: Jul 2020

Format: Paperback

Also available as: Hardback  

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.
£29.50

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  • Full Description
  • More Information
  • Table of Contents
  • Author Biography
  • Customer Reviews
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.

Reviews

Levine's recently published two-volume work, Jewish Law and American Law: Comparative Study, is primarily a collection of his impressive contributions to the Jewish comparative project over the past three decades. A quick perusal of the two volumes serves as a ready reminder of why Levine has long been one of the academics central to Jewish law's rise in the American legal academy. Covering his wide range of Jewish law writings, the two volumes traverse significant legal terrain, focusing on the areas of Levine's primary scholarly emphasis…For those interested in both Jewish law in particular, and religious law in general, [Jewish Law and American Law] serve[s]as [an] extraordinary exploration within the Jewish comparative law project." –Michael A. Helfand, American Journal of Comparative Law, Vol. 67 No. 1

"Samuel Levine's two-volume book, Jewish Law and American Law: A Comparative Study, makes an important contribution to comparative law studies of criminal and constitutional law (volume 1), and analyses of law and narrative, legal history and law and public policy (volume 2). Lawyers, law students, and scholars of the legal profession are likely to be particularly interested in Section Five of volume 1, consisting of five chapters comparing the Jewish and U.S. legal systems. In a concise and enlightening fashion, Professor Levine explores numerous legal profession topics, offering contextual insights and raising ideas for future analysis." –Eli Wald, JOTWELL

"The recent two volume anthology of Professor Samuel J. Levine's essays, articles and lectures on the intersection of Jewish and American Law, entitled Jewish Law and American Law: A Comparative Study, rewards readers with a penetrating insight into Professor Levine's rich body of comparative legal scholarship…[Jewish Law and American Law] reveals a lifetime of scholarship impossible to satisfactorily distill or summarize thoroughly for potential readers. However, its introduction to key concepts in Jewish Law and its capacity to bring those concepts into conversation with substantive topics in American Constitutional Law and professional ethics, rewards the reader with insights into a legal tradition which is both deeply imbricated in the American one and a principled alternative to it." –Jeffrey B. Meyers, Thompson Rivers University, Global Journal of Comparative Law

"Jewish Law and American Law: A Comparative Study collects twenty-six essays by Samuel J. Levine…on an impressive array of topics that fall under the broad headings of the Jewish and American legal traditions and, frequently, the interrelationship between the two. Each chapter displays Levine's mastery of both legal corpora, through clear arguments and copious documentation of primary sources and secondary literature in both Jewish and American law…Readers will find that these illuminating essays provide an in-depth account of the issues at hand." –Marc Herman, H-Judaic

"Levine's work as a whole is laudable for the way in which he takes up the comparative task…Levine's essays are fully accessible to readers who have no prior knowledge of Jewish law, yet he also does not attempt to translate complex terms into comparative American language or modes of thought that would obscure the complexity of the ideas behind them…The book is well worth having on the bookshelf of anyone who wants to think about what we can learn from Jewish law, the ethos of Jewish life, or religious legal systems generally, that make our study of our own secular legal systems and culture more incisive and critical." –Marie A. Failinger, Mitchell Hamline School of Law, Touro Law Review
Imprint Touro College Press
Pages 384
Dimensions 234 x 156
Date Published 30 Jul 2020
Publisher Academic Studies Press
Series Touro College Press Books
Subject/s Jurisprudence & general issues   Jewish studies   Comparative religion   Comparative law  
  • Introduction
  • Section One. The Comparative Study of Jewish Law and American Law: An Introduction
  • 1. Teaching Jewish Law in American Law Schools: An Emerging Development in Law and Religion
  • 2. Applying Jewish Legal Theory in the Context of American Law and Legal Scholarship: A Methodological Analysis
  • 3. An Introduction to Interpretation in Jewish Law, with References to American Legal Theory
  • 4. An Introduction to Legislation in Jewish Law, with References to the American Legal System
  • Section Two. Capital Punishment
  • 5. Capital Punishment in Jewish Law and Its Application to the American Legal System: A Conceptual Overview
  • 6. Playing God: An Essay on Law, Philosophy, and American Capital Punishment
  • Section Three. Self-Incrimination
  • 7. An Introduction to Self-Incrimination in Jewish Law, with Application to the American Legal System: A Psychological and Philosophical Analysis
  • 8. Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical Framework
  • Section Four. Constitutional Theory
  • 9. Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics
  • 10. Rules and Standards in Jewish Law and American Constitutional Law  
  • 11. Of Inkblots and Omnisignificance: Conceptualizing Secondary and Symbolic Functions of the Ninth Amendment in a Comparative Hermeneutic Framework
  • Section Five. Legal Practice
  • 12. Reflections on the Practice of Law as a Religious Calling from a Perspective of Jewish Law and Ethics
  • 13. A Look at American Legal Practice through a Perspective of Jewish Law, Ethics, and Tradition: A Conceptual Overview
  • 14. Taking Ethics Codes Seriously: Broad Ethics Provisions and Unenumerated Ethical Obligations in a Comparative Hermeneutic Framework
  • 15. Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to "Seek Justice" in a Comparative Analytical Framework  
  • 16. Taking Ethical Obligations Seriously: A Look at American Codes of Professional Responsibility through a Perspective of Jewish Law and Ethics
  • Index
Samuel J. Levine is Professor of Law and Director of the Jewish Law Institute at Touro Law Center. He has also served as the Beznos Distinguished Professor at Michigan State University College of Law, and he has taught at the law schools at Bar-Ilan, Fordham, Pepperdine, and St. John's Universities.

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