Michael J. Broyde - Böcker

This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.

Jewish Law and International Law offers a timely exploration of the intricate relationship between Jewish law (or halakhah) and international legal systems. In an era marked by rising antisemitism and increasing tensions between the Israel and the international community, the book offers a deeper understanding of Jewish law's contributions to the broader legal landscape. Offering relevant analysis and a forward-looking approach, Jewish Law and International Law illuminates the significant jurisprudential and methodological parallels between the two systems. Its eight chapters weave together the connections between Jewish law and international law, from the foundational concepts and histories of both legal systems to their shared values and transnational nature. The book delves into how Jewish law incorporates local and international legal principles in areas such as war, humanitarian law, copyright law, and governance. Envisioning a future where Jewish law and international law work in concert rather than conflict, the book offers a more nuanced perspective on both systems and looks toward promoting global justice.

Marriage, Sex and Family in Judaism explores Jewish marriage from historical and contemporary perspectives, focusing on the religious and legal concepts of marriage, and the social impact of family in the Jewish community. The book does not advocate one perspective or another; instead, the essays range from conservative to liberal viewpoints, offering readers a well-balanced mixture of perspectives on Jewish marriage.

Marriage, Sex and Family in Judaism explores Jewish marriage from historical and contemporary perspectives, focusing on the religious and legal concepts of marriage, and the social impact of family in the Jewish community. The book does not advocate one perspective or another; instead, the essays range from conservative to liberal viewpoints, offering readers a well-balanced mixture of perspectives on Jewish marriage.

The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura, analyses the jurisprudential methodology of Rabbi Israel Meir Kagan of Radin, the author of the Mishna Berura. It also provides an introduction to the codification of Jewish law and the methodology of codification more generally. The authors demonstrate that Rabbi Kagan had a unique approach in that he tried to balance opposing forces of tradition and modernity. He also attempted to provide definitive halakhic guidance to every question of Jewish law, based on four central questions and ten halakhic principles. After a comprehensive introduction, the authors provide 250 examples from the Mishna Berura to demonstrate their findings and to clarify their thesis in practical and clear terms.

German Jewry: Between Hope and Despair provides important interpretations of this tumultuous and conflict-ridden period of 1871 1933 and invites readers to partake in the ongoing debate over modern Jewish identities and cultures. Marked at the outset by emancipation and the emergence of modern anti-Semitism, the period witnessed a profound transformation of Jewish social, political, and religious life, culminating in the renaissance of Jewish cultures on the eve of the Holocaust.This textbook unites studies that inform our understanding of this historical epoch to this day as well as significant historical revisions. Among the many contributions are texts by Michael Brenner, Willi Goetschel, Marion Kaplan, George L. Mosse, Peter Pulzer, and Till van Rahden.

One of the most basic questions for any legal system is that of methodology: how one interprets, analyzes, weighs, and applies a mass of often competing legal rules, precedents, practices, customs, and traditions to reach final determinations and practical guidance about the correct legal-prescribed course of action in any given situation. Questions of legal methodology raise not only practical concerns, but theoretical and philosophical ones as well. We expect law to be more than the arbitrary result of a given decision maker’s personal preferences, and so we demand that legal methodologies be principled as well as practical. These issues are especially acute in religious legal systems, where the stakes are raised by concerns for respecting not just human, but divine law. Despite this, the major scholars and codifiers of halakhah, or Jewish law, have only rarely explicated their own methods for reaching principled legal decisions. This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth-century author of the Arukh Hashulchan—the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core halakhic principles that animate Rabbi Epstein’s halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.

One of the most basic questions for any legal system is that of methodology: how one interprets, analyzes, weighs, and applies a mass of often competing legal rules, precedents, practices, customs, and traditions to reach final determinations and practical guidance about the correct legal-prescribed course of action in any given situation. Questions of legal methodology raise not only practical concerns, but theoretical and philosophical ones as well. We expect law to be more than the arbitrary result of a given decision maker’s personal preferences, and so we demand that legal methodologies be principled as well as practical. These issues are especially acute in religious legal systems, where the stakes are raised by concerns for respecting not just human, but divine law. Despite this, the major scholars and codifiers of halakhah, or Jewish law, have only rarely explicated their own methods for reaching principled legal decisions. This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth-century author of the Arukh Hashulchan—the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core halakhic principles that animate Rabbi Epstein’s halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.