Boundaries of loyalty : testimony against fellow Jews in non-Jewish courts / Saul J. Berman.
2016
KBM2025 .B47 2016 (Mapit)
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Author
Title
Boundaries of loyalty : testimony against fellow Jews in non-Jewish courts / Saul J. Berman.
Imprint
New York, NY : Cambridge University Press, 2016.
Description
xiii, 239 pages ; 24 cm
Formatted Contents Note
The use of non-Jewish courts : the Tannaitic period
Legislative constraint on testimony : the Amoraic period
Rejected rationales of testimonial restriction : the Gaonic period into the period of the Rishonim
The creation of a duty to testify against fellow Jews in non-Jewish courts : the period of the Rishonim
The tension between responsa and codification : Maharam Mintz, Rabbi Joseph Caro and Rabbi Moshe Isserlis
Further expansion of the duty to testimony against fellow Jews in non-Jewish courts in the period of the Acharonim
Contemporary attempts to revert to the original law of Rava : expanding the boundaries of loyalty
Conclusion : reflections on loyalty and law.
Legislative constraint on testimony : the Amoraic period
Rejected rationales of testimonial restriction : the Gaonic period into the period of the Rishonim
The creation of a duty to testify against fellow Jews in non-Jewish courts : the period of the Rishonim
The tension between responsa and codification : Maharam Mintz, Rabbi Joseph Caro and Rabbi Moshe Isserlis
Further expansion of the duty to testimony against fellow Jews in non-Jewish courts in the period of the Acharonim
Contemporary attempts to revert to the original law of Rava : expanding the boundaries of loyalty
Conclusion : reflections on loyalty and law.
Summary
Talmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God's Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of 'Mesirah' has wrongfully come to be prominently associated with this law regulating testimony.
Bibliography, etc. Note
Includes bibliographical references (pages 223-230) and index.
Location
STA
Call Number
KBM2025 .B47 2016
Language
English
ISBN
9781107090651 hardback
1107090652 hardback
1107090652 hardback
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