Authority, Process and Method

Hanina Ben-Menahem, Faculty of Law, The Hebrew University of Jerusalem. Neil S. Hecht, Boston University School of Law, Boston, Massachusetts.

• Introduction 1 PRECEDENT IN JEWISH LAW 2 THE JUDGE-AGENT ANALOGY IN THE TALMUD 3 THE LEGAL STATUS OF THE RESPONSA LITERATURE 4 THE LAW IS IN ACCORD WITH THE LATER AUTHORITY— Hilkhata Kebatrai: Historical Observations on a Legal Rule 5 ON THE PLACE OF LOGIC (SVARA) IN MAIMONIDES’ CODE 6 EVASION OF THE LAW IN THE TALMUD 7 INADVERTENT ADULTERY (SHGAGA) IN JEWISH LAW: MISTAKE OF LAW AND MISTAKE OF FACT