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Author Berman, Saul J., author.

Title Boundaries of loyalty : testimony against fellow Jews in non-Jewish courts / Saul J. Berman.

Published New York, NY, USA : Cambridge University Press, 2016.


Location Call No. Status
Physical description xiii, 239 pages ; 24 cm
Bibliography Includes bibliographical references (pages 223-230) and index.
Contents The use of non-Jewish courts : the Tannaitic period -- Legislative constraint on testimony : the Amoraic period -- Rejected rationales of testimonial restriction : the Gaonic period into the period of the Rishonim -- The creation of a duty to testify against fellow Jews in non-Jewish courts : The period of the Rishonim -- The tension between responsa and codification : Maharam Mintz, Rabbi Joseph Karo and Rabbi Moshe Isserlis -- Further expansion of the duty to testify against fellow Jews in non-Jewish courts in the period of the Acharonim -- Contemporary attempts to revert to the original law of Rava : expanding the boundaries of loyalty -- Conclusion : reflections on loyalty and law.
Summary Talmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God's Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of 'Mesirah' has wrongfully come to be prominently associated with this law regulating testimony.
Subject Informers (Jewish law)
Witnesses (Jewish law)
Conflict of laws (Jewish law)
Criminal jurisdiction.
Legal polycentricity.
ISBN 9781107090651