Maimonides and Contemporary Tort Theory: Law, Religion, Economics, and Morality

Author:   Yuval Sinai ,  Benjamin Shmueli (Bar-Ilan University, Israel)
Publisher:   Cambridge University Press
ISBN:  

9781107179295


Pages:   400
Publication Date:   06 August 2020
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Maimonides and Contemporary Tort Theory: Law, Religion, Economics, and Morality


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Overview

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.

Full Product Details

Author:   Yuval Sinai ,  Benjamin Shmueli (Bar-Ilan University, Israel)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 16.00cm , Height: 3.00cm , Length: 24.00cm
Weight:   0.750kg
ISBN:  

9781107179295


ISBN 10:   1107179297
Pages:   400
Publication Date:   06 August 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

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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Author Information

Yuval Sinai is the President of Orot Israel College. He served as a Visiting Professor at Yale University, McGill University, Hebrew University and Bar Ilan University, as well as Associate Professor of Law at the School of Law at Netanya College. He has received grants from the Israel Science Foundation and Schusterman Foundation, and has received the Riklis Prize for studies in Jewish law. Benjamin Shmueli is Associate Professor at Bar-Ilan University law school, Israel. He has previously served as a Senior Research Scholar at Yale Law School and a Visiting Professor at Duke Law School. He has received grants from the Israel Science Foundation, The Memorial Foundation for Jewish Culture, the Schusterman Foundation, and the Israel Institute Research Grant. He has also received the Riklis Prize for studies in Jewish law.

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