Maimonides and Contemporary Tort Theory
Law, Religion, Economics, and Morality
£110.00
Part of Cambridge Studies in Law and Judaism
- Authors:
- Yuval Sinai, Orot Israel College
- Benjamin Shmueli, Bar-Ilan University, Israel
- Date Published: August 2020
- availability: Available
- format: Hardback
- isbn: 9781107179295
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Maimonides lived in Spain and Egypt in the twelfth century, and is perhaps the most widely studied figure in Jewish history. This book presents, for the first time, Maimonides' complete tort theory and how it compares with other tort theories both in the Jewish world and beyond. Drawing on sources old and new as well as religious and secular, Maimonides and Contemporary Tort Theory offers fresh interdisciplinary perspectives on important moral, consequentialist, economic, and religious issues that will be of interest to both religious and secular scholars. The authors mention several surprising points of similarity between certain elements of theories recently formulated by North American scholars and the Maimonidean theory. Alongside these similarities significant differences are also highlighted, some of them deriving from conceptual-jurisprudential differences and some from the difference between religious law and secular-liberal law.
Read more- Establishes rational, systematic legal theory that allows for a full presentation and overview of Maimonides' comprehensive conception of tort law
- Provides a new perspective on the understanding of Jewish legal and philosophical tradition
- Suggests that Maimonides' approach also holds some lessons for contemporary tort theories
Customer reviews
17th Oct 2024 by UName-1094047
It is one thing to know what the law is. It is another to know why it is what it is. Is it to correct a past wrong? Is it to prevent future damage? In explaining Maimonides' legal theory of torts, Yuval Sinai, Benjamin Shmueli (and contributing author Guido Calabresi) help students of the law and other scholars understand the purpose of the law, and in the process, sharpen your mind and make you a better lawyer.
Review was not posted due to profanity
×Product details
- Date Published: August 2020
- format: Hardback
- isbn: 9781107179295
- length: 400 pages
- dimensions: 240 x 160 x 30 mm
- weight: 0.75kg
- contains: 6 b/w illus.
- availability: Available
Table of Contents
Introduction
1. Initial presentation
2. Tort liability in Maimonides' Code: the downside of the common interpretation
3. The foundations of the Maimonidean theory: different goals for different categories of damage
4. The deontological and religious elements of Maimonides' tort theory
5. Consequentialist considerations in the Guide for the Perplexed
Appendix to chapter 5: the rules of liability and contributory Negligence according to Maimonides in the Guide 3:40 compared with Calabresi and Posner
6. Revisiting the problematic texts of the Code in light of the Guide and contemporary scholarship
7. Maimonides' standard of care: a differential liability model
8. Maimonides as a pluralistic-differential scholar and contemporary tort law theories: a dialogue and lessons
9. Reflections on Maimonides' tort theory (Guido Calabresi)
Index.
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