Download The Jewish Law Annual Volume 14 (Jewish Law Annual) by Boston University of Law, The Institute of Jewish Law PDF

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By Boston University of Law, The Institute of Jewish Law

The amount comprises ten articles, together with a penetrating research of the applying of Jewish expense fraud legislation to the workings of the present-day market. various of their scope and concentration, the articles tackle criminal, old, textual, comparative and conceptual questions.The quantity concludes with a survey of contemporary literature on biblical and Jewish legislation, and a chronicle part, which discusses fresh Israeli and American proceedings regarding concerns the place Jewish legislation is of specific relevance, thereby making the once a year a magazine of list.

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When a probable opinion is identified, the individual is not duty-bound to reflect on it and examine whether or not it makes sense to him, but is allowed to follow it without any deliberation. Medina does not mandate personal identification with the endorsed opinion, or deep conviction. What we have here, according to Medina, is a formal principle allowing reliance on a probable opinion. I will return to the question of conviction at the end of the paper. Medina’s doctrine was meant to be applied not only by the individual contemplating his own course of action, but also, as I mentioned, by the confessor in granting penance for confessed sins: if the confessant could ground his action in a probable opinion, the confessor could not dismiss it, even if he did not approve of it.

The argument that an embryo of under 40 days is “mere water” is relevant to the abortion issue only if abortion is predicated either on its being murder, that is, the taking of life, or on its being wounding (havala) of the embryo — arguably, one cannot “wound” that which does not have the status of an existent person. The 40-day cut-off is clearly irrelevant insofar as wounding of the mother is concerned (though by definition this could not be a basis for prohibiting the destruction of an externalized preembryo).

Herzog relates the case of a contested estate that came before the civil courts in Bombay. The sides, both Jewish, DOUBT, CHOICE AND CONVICTION 25 We must now consider an important difference, already touched upon, between the Jewish and Catholic doctrines. The kim li plea is not applied to ritual precepts, where the more stringent opinion is always adopted. It is only admitted in monetary cases, and consequently, it can impact on third parties. This position was articulated at the time the doctrine was first introduced.

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