Contrasts in American and Jewish Law

Released on by Daniel Pollack
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  • Contrasts in American and Jewish Law Book Detail

  • Author : Daniel Pollack
  • Release Date : 2001
  • Publisher : KTAV Publishing House, Inc.
  • Genre : Law
  • Pages : 294
  • ISBN 13 : 9780881257502
  • File Size : 28,28 MB
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Contrasts in American and Jewish Law by Daniel Pollack PDF Summary

Book Description: American law and the American legal system are rights-based, whereas Jewish law and the halakhic system are duty-based. This distinction goes to the heart of the two legal systems; the basis on which each is founded, how they conceptualize human nature and the social order, and how they function. The American legal system is a human construction forged in a secular society. The halakhic system, while honed and clarified over the centuries by human decisors, is ultimately grounded in a text revealed by God. In consequence, the two legal systems approach problems quite differently. This is explained and illustrated in this volume by discussions of such compelling social issues as euthanasia, medical treatment without consent, search and seizure in schools, procreation rights of prisoners, liability for environmental damage, termination of parental rights due to mental incapacity, and the capacity of the mentally retarded to give informed consent.

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Index. Bibliography: p.259-263.