Talmudic law is a 3000-year-old system of jurisprudence that continues to develop organically and to be practiced today. In these courses, we look at the classic books, codes, commentaries and responsa that are the sources of Jewish law and thought, as well as contemporary cases in civil law that have come before the beit din, the court system of Jewish law.

This series of courses focuses on modern day dilemmas and ethical quandaries. Although rapidly changing technology and shifting social sensibilities give rise to new challenges, the beit din decides law by taking into account precedents, as found in the Talmud and other Jewish legal literature.

Jewish law has been wrestling with the relationship between ethics and law for more 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 an interconnected global economy, the characteristic emphasis of Jewish law on what the prophets call tzedek — righteousness — offers a unique model of how, throughout time, a system of law can maintain the allegiance and even the affection of those under its governance. 

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. 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. We will not only reveal differences and similarities, but also a wealth of relevant insights into how important a sound ethical backbone is to maintaining the health of American government and American law.