This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.

Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West

Broyde, Michael J.

Religion & Spirituality

Oxford University Press

A Jewish lawyer is bound to --sometimes torn between -- two disparate systems of law and ethics. What do you do when your religion conflicts with your obligations as a lawyer? For that matter, how do you know what your religious obligations are? Michael J. Broyde, Professor of Law at Emory University, founding rabbi of the Young Israel in Atlanta and a member dayan of the Beth Din of America, takes a fearless inside look at the ethical and halakhic issues facing the Jewish lawyer and anyone caught up in the American legal system. This book systematically examines the ethical and halakhic issues raised by the many different facets of law practice, as well as other issues encountered by the Jewish lawyer or others significantly involved in the American legal system. Major topics examined from the perspective of Jewish law include: litigating in secular courts; the problems posed by professional confidentiality; the issues involved in aiding a client in a violation of either Jewish or American law; the ethics of cross examination and the obligations of a lawyer to pursue truth; the problems raised by working as a prosecutor or a defense attorney; practicing bankruptcy law; and the permissibility or obligation of informing on others for violating American law. The book also includes a full discussion of issues posed by family law (including an appendix addressing the 1992 New York Get Law); as well as a complete unit addressing the problems of business law, from usurious transactions to the ethics of negotiation and arbitration. Many other topics are included as well. This book was originally published by Yeshiva University Press in 1996 and has undergone significant revisions and additions for the current edition.

The Pursuit of Justice and Jewish Law: Halakhic Perspectives on the Legal Profession

Legal Education

Ktav Pub & Distributors Inc

One of the most vexing problems to confront American Orthodox Jewry is where a wife is abandoned by her husband who refuses to give her a Jewish divorce. This work seeks to explain the agunah problem in the United States. It notes that the contemporary agunah problem in America is radically different than that of contemporary Israel and completely different than the talmudic agunah problem. The thesis of this book is that the agunah problem in contemporary America is part of a more general dispute in classical Jewish law as to when marriage should end. Thus, this book surveys how Jewish law seeks to respond to the consent of the other party or without a finding of fault. It concludes by noting that prenuptial agreements can successfully address the agunah problem in the United States since they provide a way for couples to create an image of marriage and divorce by which they can agree to live. Michael J. Broyde is an Associate Professor of Law at Emory University and the Academic Director of Law and Religion Program at Emory University. He is a member (dayan) in the Beth Din of America and was the director of that Beth Din while on sabbatical from Emory. In addition, he is the founding rabbi of the Young Israel synagogue in Atlanta. Professor Broyde is the author of The Pursuit of Justice in Jewish Law and co-author of Human Rights in Judaism.

Marriage, Divorce and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America

Judaism

Hakirah: The Flatbush Journal of Jewish Law and Thought

Zelcer, Heshey

Angel, Marc D.

Buchman, Asher Benzion

Shapiro, Marc B.

Porat, Eliezer Ben

Auman, Kenneth

Nimmer, David

Landerer, Chaim

Balsam, Yacov

Hakirah

THE BOUNDS OF WARTIME MILITARY CONDUCT IN JEWISH LAW: AN EXPANSIVE CONCEPTION

Center For Jewish Studies Queens College, CUNY

The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura

The Mishna Berura is, without a doubt, Rabbi Israel Meir Kagan's greatest and most complex contribution to the canon of Orthodox Jewish Law; it is a singular work that synthesizes Jewish traditions, laws, and mores into a practical halakhic guide to daily religious life. For all of his traditionalism, Rabbi Kagan was an iconoclast, and the Mishna Berura broke from many of the traditional approaches of deciding halakhic directives. Instead, he favored studying, engaging, and asserting decisions in a nuanced, almost natural approach to how ethical people should live their daily lives consistent with Jewish law. Today, the Mishna Berura has gained widespread recognition and is considered authoritative by essentially all of contemporary Orthodox Jewry, a measure of greatness that few works of Halakha have attained. Michael J. Broyde and Ira Bedzow here investigate this seminal text and explore its background and decision-making process.

Literature & Fiction

Bedzow, Ira

History & Criticism

Academic Studies Press

The Mishna Berura is, without a doubt, Rabbi Israel Meir Kagan's greatest and most complex contribution to the canon of Orthodox Jewish Law; it is a singular work that synthesizes Jewish traditions, laws, and mores into a practical halakhic guide to daily religious life. For all of his traditionalism, Rabbi Kagan was an iconoclast, and the Mishna Berura broke from many of the traditional approaches of deciding halakhic directives. Instead, he favored studying, engaging, and asserting decisions in a nuanced, almost natural approach to how ethical people should live their daily lives consistent with Jewish law. Today, the Mishna Berura has gained widespread recognition and is considered authoritative by essentially all of contemporary Orthodox Jewry, a measure of greatness that few works of Halakha have attained. Michael J. Broyde and Ira Bedzow here investigate this seminal text and explore its background and decision-making process.

Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh Hashulhan

One of the most basic questions for any legal system is that of methodology: how one interprets, analyzes, weighs, and applies a mass of often competing legal rules, precedents, practices, customs, and traditions to reach final determinations and practical guidance about the correct legal-prescribed course of action in any given situation. Questions of legal methodology raise not only practical concerns, but theoretical and philosophical ones as well. We expect law to be more than the arbitrary result of a given decision maker's personal preferences, and so we demand that legal methodologies be principled as well as practical. These issues are especially acute in religious legal systems, where the stakes are raised by concerns for respecting not just human, but divine law. Despite this, the major scholars and codifiers of halakhah, or Jewish law, have only rarely explicated their own methods for reaching principled legal decisions. This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth-century author of the Arukh Hashulchan--the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core halakhic principles that animate Rabbi Epstein's halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.

Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh HaShulhan

History

C. Pill, Shlomo

World

One of the most basic questions for any legal system is that of methodology: how one interprets, analyzes, weighs, and applies a mass of often competing legal rules, precedents, practices, customs, and traditions to reach final determinations and practical guidance about the correct legal-prescribed course of action in any given situation. Questions of legal methodology raise not only practical concerns, but theoretical and philosophical ones as well. We expect law to be more than the arbitrary result of a given decision maker's personal preferences, and so we demand that legal methodologies be principled as well as practical. These issues are especially acute in religious legal systems, where the stakes are raised by concerns for respecting not just human, but divine law. Despite this, the major scholars and codifiers of halakhah, orJewish law, have only rarely explicated their own methods for reaching principled legal decisions. This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth-century author of the Arukh Hashulchan-the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core halakhic principles that animate Rabbi Epstein's halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.

Pill, Shlomo C.

Academic Studies Pr

Finding America in Exodus: A Blueprint for "A More Perfect Union" in the 21st Century

Travis, Reuven

Wipf and Stock

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