Talmudic law is a 3000-year-old system of jurisprudence that continues to develop organically and to be practiced today. In this course, we look at the classic books, codes, commentaries and responsa that are the sources of Jewish law and its thought, as well as contemporary cases in civil law that have come before the beit din, the court system of Jewish law. Although modern life brings many new dilemmas, the beit din decides law by taking into account precedent as found in the Talmud and other Jewish legal literature.
The focus of the course is ethics. The relation between law and its practice and ethics is a fundamental matter. Eminent legalists in the Western legal tradition speak of Grundnormen, fundamental principles that underlie all law and to which all law and practice of law must conform. Concepts of equity constantly redefine the rights and obligations of citizens that civil codes and torts seek to govern.
Jewish law has been wrestling with the relation between ethics and law formore than three millennia. It offers a rich storehouse of insight that can directly benefit any legal professional. Aside from the ever-larger role that comity plays in a very interconnected global economy, the characteristic emphasis of Jewish law on what the prophets call tzedek—righteousness—offers a unique model of how a system of law can maintain throughout time the allegiance and even the affection of those under its governance.
There is a deep willingness in these sources to raise fundamental ethical questions, such as: Is mere technical compliance with the rules sufficient? Are ethical imperatives not expressed in law enforceable? Are we constrained to use and practice the law in accordance with any greater principles? By what kind of authority?
As we examine these cases and the relevant sources that inform the decisions, we will compare the Talmud’s underlying principles with the philosophic infrastructure of the American legal system. Not only will differences and similarities be revealed, but also a wealth of relevant insight into the importance of a sound ethical backbone to the health of American government and American law.