Secular law as the “king's law”: zionist Halakhah and legal theory
What is the possibility of secular law in the religious Jewish state? This article will focus this question on the attitude of Zionist halakhic decisors toward the secular law of the land when that land is the State of Israel. Are these decisors willing to recognize Israeli law as falling into the h...
| Subtitles: | Research Article |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
[2019]
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| In: |
AJS review
Year: 2019, Volume: 43, Issue: 1, Pages: 47-66 |
| Standardized Subjects / Keyword chains: | B
Law
/ Secularism
/ Israel
/ Zionism
/ Halacha
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| IxTheo Classification: | BH Judaism |
| Online Access: |
Volltext (lizenzpflichtig) |
| Summary: | What is the possibility of secular law in the religious Jewish state? This article will focus this question on the attitude of Zionist halakhic decisors toward the secular law of the land when that land is the State of Israel. Are these decisors willing to recognize Israeli law as falling into the halakhic category of “the King's Law” (mishpat ha-melekh)? Halakhic literature offers various justifications for the king's authority. The first justification is philosophical and jurisprudential; the second is political; and the third is legal in nature. Various justifications for the King's Law yield different models of its force and authority, which contrast in the relationship they posit between the King's Law and Torah Law. This article examines this question from the perspective of the legal discussion of the relationship between competing systems of law (private international law and issues related to the conflict of laws). |
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| ISSN: | 1475-4541 |
| Contains: | Enthalten in: Association for Jewish Studies, AJS review
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| Persistent identifiers: | DOI: 10.1017/S0364009419000023 |