Saul J. Berman

Boundaries of Loyalty (eBook, PDF)

Testimony against Fellow Jews in Non-Jewish Courts

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 17. Oktober 2016
• Englisch
• ISBN-13: 9781316818190
• Artikelnr.: 52969015

Autorenporträt

Rabbi Saul J. Berman is Professor of Jewish studies at Stern College of Yeshiva University, New York and Adjunct Professor at Columbia University Law School where he is the Rotter Fellow of Talmudic Law. As an Orthodox Rabbi in Berkeley, California, Brookline, Massachusetts, and at Lincoln Square Synagogue, New York, Berman was an early participant in the Soviet Jewry and Civil Rights movements. His research and teaching is focused on women in Jewish law, Jewish social and medical ethics, and the connections between law and spirituality, on each of which he has published articles.

Inhaltsangabe

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.