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The Jewish Family
Between Family Law and Contract Law

Part of Cambridge Studies in Law and Judaism

  • Date Published: August 2019
  • availability: Available
  • format: Paperback
  • isbn: 9781316615188

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  • Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. Through interdisciplinary research combining the legal aspects of family law and contract law, it explores how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on the nexus of Jewish family law and contract law to propose how 'freedom of contract' can be part of how family law can be interpreted, The Jewish Family will appeal to practitioners, activists, academic researchers, and laymen readers who are interested in the fields of law, theology, and social science.

    • Proposes a new understanding of the limits of freedom of contract in modern Jewish family law
    • Examines Jewish family law in the light of new attitudes concerning the role of women
    • Promotes the importance of combining Jewish contract and family law to enhance social justice
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    Product details

    • Date Published: August 2019
    • format: Paperback
    • isbn: 9781316615188
    • length: 224 pages
    • dimensions: 150 x 230 x 10 mm
    • weight: 0.31kg
    • availability: Available
  • Table of Contents

    1. Regulating marital relations between spouses by consent
    2. 'Freedom of contract' in Jewish family law - the differences between the Babylonian and Palestinian Talmuds
    3. Is there really no conditional marriage?
    4. Temporary marriage - a possible solution to the problem of the Agunah?
    5. Towards establishing Halakhic parenthood by agreement?
    Index
    Bibliography.

  • Author

    Yehezkel Margalit, Netanya Academic College, Israel
    Yehezkel Margalit is a Lecturer at Netanya Academic College, Israel.

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