מורשת המשפט בישראל

The Jewish Legal Heritage Society

The Rule of Law in the Jewish Sources   Part One LAW AS A UNIVERSAL VALUE Law and the Noahides Chapter 1 Introduction Chapter 2 Sources of the Noahide Laws Chapter 3 Noahide Law as Natural Law and Equity Chapter 4 The Law of the State is the Law Chapter 5 The Content of ‘law’ a. Identity with Jewish Law b. Explicit Differences Chapter 6 Jurisdiction Over Jews Chapter 7 Jurisdiction Over Non-Jews Chapter 8 Non-Jewish Litigants in Jewish Courts Chapter 9 Conclusion Part Two THE RULE OF LAW The Law of the State is the Law Chapter 1 Introduction Chapter 2 The Law of the State is the Law Chapter 3 The Law of the State and the Law of the King Chapter 4 Form of Authority Chapter 5 Recognized Authority Chapter 6 Deviation from Government Authority Chapter 7 Discrimination Chapter 8 Group Penalties Chapter 9 Religion and Independence of Jewish Law Chapter 10 Conclusion Part Three ETHICAL STANDARDS FOR PUBLIC SERVANTS Chapter 1 Introduction Chapter 2 Status of Communal Leader Chapter 3 Service but not Domination Equality Under the Law Setting and Example The Rule of Law Duty to Attend Meetings Propriety Chapter 4 Confidentiality Chapter 5 Answerability Chapter 6 Blamelessness Chapter 7 Conflict of Interest Chapter 8 Disrepute (‘A Basket of Reptiles’) Chapter 9 Public Servants as Judges Chapter 10 Conclusion Appendix Law Concerning Employment by Members of the Knesset Part Four VIOLENCE IN THE JUDICIAL PROCESS Chapter 1 Introduction Chapter 2 Non-Compliance with Summons to Court a. Use of non-Jewish courts b. Denial of right to sue Chapter 3 Violence Towards Judge a. Fearlessness b. Change of Venue Chapter 4 Violence Towards Witnesses a. Shifting of burden of proof b. Swearing witnesses c. Taking evidence in the absence of the violent party d. Evidence of quarrel Chapter 5 Conclusion Part Five STATE WITNESS Chapter 1 Introduction Chapter 2 The Prescribed Law a. Testimony by a criminal b. Testimony against accomplice c. Testimony of state witness Chapter 3 Emergency Exceptions in Penal Evidence a. The rule: judgment not on conjectures b. Over-zealousness may lead to increased crime c. Authority of the court d. Authority of Public Leaders 1. The King 2. Government of Israel 3. Precedents from communal history e. Formal and substantive disqualification of witnesses Chapter 4 Immunity of Witnesses Chapter 5 Conclusion Part Six TESTIMONY UNDER OATH Chapter 1 Introduction Chapter 2 ‘The Oath of Testimony’ Chapter 3 Warning of Witnesses a. Contents of warning b. Occasion for warning c. Purpose of warning d. Testimony given without warning Chapter 4 Oath for Truthful Testimony a. Need for oath renders testimony worthless b. Swearing of witness may lead to false oath Chapter 5 Ban as Alternative to Swearing a. Advantages 1. Avoiding divine punishment for false oath 2. Impact of ban greater than oath 3. Restrictions relating to swearing avoided b. Bases for ban during Geonic period and its subsequent crystallization Chapter 6 The Custom of Swearing Witnesses in Criminal Cases Chapter 7 The Custom of Swearing Witnesses to Tell the Truth Chapter 8 Disqualification of Testimony not Given Under Oath Chapter 9 Oath to Fulfill Commandment Chapter 10 Avoiding Oath Chapter 11 Conclusion Appendix Abolition of Swearing Witnesses in Israel

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