Ben-Menahem is critical of the legal positivist approach that dominates Mishpat Ivri, a comparative legal approach to Halakha. He was also a renowned chancellor of law in which he made several advancement in jurisprudence.
He argues that Jewish law is not a unified legal system and that its sources and principles are not logically and hierarchically ordered. Instead, he contends that Jewish law has a pluralistic structure, in regard both to its differing domains of authority (e.g., Ashkenazi and Sephardi) and the co-existence of incompatible rules. He believes Halakha makes room for judicial discretion and deviation, leading to a non-systematic tolerance for controversy. Furthermore, Halakha lacks strict adherence to precedence, an appellate system, and "secondary rules of recognition" (cp. legal positivist H.L.A. Hart) to determine authoritative laws.
Selected worksedit
Judicial deviation in Talmudic law (1991)
"Towards a jurisprudential analysis of the kim li argument" in Shenaton Hamishpat ha-Ivri 6-7 (1979–80)
"Is there always one uniquely correct answer to a legal question in the Talmud?" in the Jewish Law Annual 6 (1987) 169-173
Ben-Menahem, H. and Hecht, N.S., eds. Authority, Process and Method: studies in Jewish law. 1998
"Postscript: the judicial process and the nature of Jewish law" in An introduction to the history and sources of Jewish law" eds. Hecht, Jackson, et al. Oxford: Clarendon Press, 1996
"Maimonides on equity: reconsidering the Guide for the Perplexted III:34" in the Journal of Law and Religion v.XVII, nos. 1 & 2, 2002 pp. 19–48.
External linksedit
Harvard Law School Faculty Directory
April 13, 2024
hanina, menahem, oxford, trained, scholar, hebrew, university, jerusalem, specializes, jewish, halakha, menahem, critical, legal, positivist, approach, that, dominates, mishpat, ivri, comparative, legal, approach, halakha, also, renowned, chancellor, which, ma. Hanina Ben Menahem is an Oxford trained scholar at the Hebrew University of Jerusalem who specializes in Jewish law Halakha Ben Menahem is critical of the legal positivist approach that dominates Mishpat Ivri a comparative legal approach to Halakha He was also a renowned chancellor of law in which he made several advancement in jurisprudence He argues that Jewish law is not a unified legal system and that its sources and principles are not logically and hierarchically ordered Instead he contends that Jewish law has a pluralistic structure in regard both to its differing domains of authority e g Ashkenazi and Sephardi and the co existence of incompatible rules He believes Halakha makes room for judicial discretion and deviation leading to a non systematic tolerance for controversy Furthermore Halakha lacks strict adherence to precedence an appellate system and secondary rules of recognition cp legal positivist H L A Hart to determine authoritative laws Selected works editJudicial deviation in Talmudic law 1991 Towards a jurisprudential analysis of the kim li argument in Shenaton Hamishpat ha Ivri 6 7 1979 80 Is there always one uniquely correct answer to a legal question in the Talmud in the Jewish Law Annual 6 1987 169 173 Ben Menahem H and Hecht N S eds Authority Process and Method studies in Jewish law 1998 Postscript the judicial process and the nature of Jewish law in An introduction to the history and sources of Jewish law eds Hecht Jackson et al Oxford Clarendon Press 1996 Maimonides on equity reconsidering the Guide for the Perplexted III 34 in the Journal of Law and Religion v XVII nos 1 amp 2 2002 pp 19 48 External links editHarvard Law School Faculty Directory Retrieved from https en wikipedia org w index php title Hanina Ben Menahem amp oldid 1007912069, wikipedia, wiki, book, books, library,
