PUBLICATIONS
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One of the many important activities of the JLHS is the promotion of research and the publication of books on Jewish law, including reference works, research tools, and in-depth studies in particular areas of law. So far, some three dozen titles have been published, in both Hebrew and English. Together these books constitute an essential component to any basic library of Jewish law. These books, both separately and as a group, make an invaluable contribution to Jewish legal scholarship, and provide a practical guide not only for the lawyer, judge, student or academic scholar seeking general background and specific precedents in Jewish law for contemporary legal problems and dilemmas, but also for those who seek to begin to explore Jewish law.
One of the aims of the JLHS is to make the entire Library accessible to readers in English-speaking countries. Several volumes have so far been translated into English, and others are awaiting translation into English-language editions.
These books cover a wide range of categories, as will be readily seen below.
I. Primary Source Material
Jewish Law in the Israeli Courts - Modern Applications of Jewish Law
Jewish Law in the Debates of the Knesset
Maimonides and the Law in Israel
Talmudic Maxims: Their Derivation, Meaning, and Use
II. Research Tool and Guide
Guide to the Sources of Jewish Law
III. The Bibliographical Project
A Bibliography of Jewish Law
Multi-Language Bibliography of Jewish Law
IV. Research Works
Civil Procedure in Jewish Law
Commerce in Jewish Law
Ethics in the Marketplace
Copyright in Jewish Law
The Rule of Law in the Jewish Sources
Law and the Noahides
Unjust Enrichment in Jewish Law
Human Dignity in Jewish Law
Ends that Justify the Means
Sacrificing One to Save Many
Promise; Obligation and Acquisition in Jewish Law
Protection of Privacy in Jewish Law
Rehabilitation of Criminals in Jewish Law
The Judge in Jewish Sources
V. The 'Jewish Law for Israel' Series
1) Guarantee
2) Torts
3) Unjust Enrichment
4) Restoration of Lost Property
5) Bailment
6) Hire and Loan
7) Joint Ownership
8) Trust
9) Defective Contracts
10) Agency
VI. Environment and Ecology: Research works and workshops
Environment and Judaism, Legal and Philosophical Perspectives
Workshop on Ecology in the Technological Era
Hunting for Pleasure, Protection of Animals
Workshops on the Environment
VII. Workshops in Jewish Law
Taking the Law Into One's Own Hands
Duty to Rescue under risk of physical endangerment
Extradition
Peace as the Ultimate Value
VIII. Proceedings of International Conferences
Jewish Law and Current Legal Problems
Maimonides as Codifier of Jewish Law
Jerusalem - City of Law and Justice
I. Primary Source Material
Jewish Law in the Israeli Courts (HaMishpat HaIvri
b'Psikat Batei HaMishpat b'Yisrael)
edited by Prof. Nahum Rakover, 2 vols., 1132 pp.
English Translation: Modern Applications
of Jewish Law; Resolution of Contemporary Problems According to
Jewish Sources in Israeli Courts
1054 pp.
This book - available in Hebrew and English - is a compilation of hundreds of judicial decisions from Israeli courts, including the Supreme Court, citing or based upon precedents in Jewish law. As such, it offers concrete illustrations of the manner in which the 1980 Foundation of Law Act has been implemented in judicial practice. This Act requires judges to apply the principles of freedom, justice, equity and peace of the Jewish heritage.
The President of Israel, Chaim Herzog, in his foreword to the book, stated:
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Law lies at the very foundation of the Jewish People. Law was the medium by which the tribes of Israel took their first faltering steps towards nationhood. Law reigns supreme in the Jewish Tradition. A just system of law is absolutely necessary to the existence of the Jewish People. My father, Israel's first chief rabbi, R. Isaac haLevi Herzog's aspiration to base the law of Israel upon Jewish law was rooted in his awareness of that system's ability to find legal solutions for the problems of every era. Jewish law has never stagnated, never stopped evolving. The beauty and uniqueness of Jewish law lies not in its immutability, but rather in its dynamism, its ability to develop and adapt to change. Though based on the written Torah received by the people of Israel thousands of years ago, Jewish law has in every generation proven itself both qualified and capable of confronting every challenge and every problem requiring legal solution. Over the past forty-four years of Israel's existence, her legislature and judiciary have relied heavily upon Jewish law. Judges, interpreting statutes and applying the law, have frequently adopted the principles and conceptions of Jewish law in both theory and practice. |
The scope of this work is extremely broad, containing decisions from every imaginable area of human endeavor. Covered here are not only such classic legal topics as civil and criminal law, but also discussions of such fundamentals of law as the force of custom and the force of precedent; evasion and legal fiction; and morality and law. As regards to social regulation and administration, we find discussions of immunity, and of appointment and suspension of public officials; the requirement that administrative decisions be free of personal interest and not arbitrary; confidentiality; the right of citizens to protection of human dignity and protection against defamation; and the community's obligation to educate its members. As regards to issues of a penal nature, there are decisions concerning extradition and rehabilitation. In the field of labor law, there are discussions of employer/employee relations and the right of employees to severance pay.
The broad range of topics discussed is in itself the best indication of the ability of Jewish law to confront the entire range of legal problems, be they classic or modern.
Modern Applications of Jewish Law can thus serve not only legal scholars, but also any person interested in studying the application of Jewish law in theory and practice, its solutions to actual problems, the Israeli judiciary's recourse to Jewish sources, and most importantly, that which is unique to Jewish law - its depth, wisdom, and justice, as well as its application to the reality of modern life.
ContentsPart One JEWISH LAW IN THE STATE OF ISRAEL
Part Two GENERAL PRINCIPLES
Part Three SOCIAL AND ADMINISTRATIVE REGULATION
Part Four REGULATION OF THE COURTS
Part Five EVIDENCE
Part Six PENAL LAW
Part Seven TORTS
Part Eight OBLIGATIONS
Part Nine PROPERTY - PHYSICAL AND INTELLECTUAL
Part Ten COMMERCIAL LAW
Part Eleven LABOUR LAW
Part Twelve INTERPRETATION
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Jewish Law in the Debates of the Knesset
(HaMishpat HaIvri b'Chakikat HaKneset)
edited by Prof. Nahum Rakover. 2 vols., 1310 pp.
This book, which may be viewed as complementing the previous one, again shows the applications of Jewish law to the problems of modern Israeli society, in this case from the legislative rather than the judicial perspective. Of particular interest is the Knesset debate concerning the adoption of the 1980 Foundations of Law Act, discussing to what extent Jewish law may be used as a basis or complement for the legal system of Israel.
ContentsPart One: JEWISH LAW AND THE LAW OF THE STATE
Part Two: THE CONSTITUTION
Part Three: GOVERNMENTAL AND PUBLIC AUTHORITIES ADMINISTRATION
Part Four: LOCAL AUTHORITIES
Part Five: ARMY LAW
Part Six: HUMAN RIGHTS
Part Seven: THE STATUS OF THE INDIVIDUAL
Part Eight: JUDICIAL SYSTEM
Part Nine: PENAL LAW
Part Ten: CIVIL LAW
Part Eleven: TRADE PRACTICE
Part Twelve: LABOUR LAW
Part Thirteen: SUCCESSION LAW
Part Fourteen: EDUCATION AND SOCIAL WELFARE
Part Fifteen: ECOLOGY
Part Sixteen: TRANSPORT
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Maimonides and the Law in Israel
(HaRambam veHaChok b'Medinat Yisrael)
edited by Prof. Nahum Rakover. 563 pp.
This volume serves as a reference guide to the position of Maimonides regarding the various issues of civil law, arranged according to and in comparison with the modern civil laws of the State of Israel. In this volume, the great codifier's rulings are presented, together with reference to his sources, and with cross-references to the Shulhan Arukhof R. Joseph Karo.
Talmudic Maxims: Their Derivation, Meaning, and
Use(Nivei Talmud)
by Prof. Nahum Rakover with Rafi Yakobi. 448 pp.
An invaluable handbook to the numerous sayings, phrases and maxims from the Talmud which have become part of the modern Hebrew language. This guide gives the source, background, meaning, and usage of each saying listed. It contains hundreds of entries. An important reference work for every person speaking or studying Hebrew.
II. Research Tool and Guide
Guide to the Sources of Jewish Law (Moreh Derekh b'mekorot haMishpat HaIvri) by Prof. Nahum Rakover. 88 pp.
English translation: Guide to the Sources
of Jewish Law
136 pp.
This book, available in both Hebrew and in English, provides a basic layman's introduction to the treasures of Jewish legal literature. Concentrating on the most fundamental works, The Guide to the Sources of Jewish Law presents each of the major sources, describes their internal structure and interrelationship, and the kinds of materials found in each source, and how such material is located and cited.
The Guide to the Sources of Jewish Law is designed to assist anyone with a need to study or work with the main sources of Jewish law. As no modern research guide exists to introduce the novice to Jewish law, the Guide to the Sources of Jewish Lawwas published to fill this void.
In order to show how the primary sources are utilized, the Guide follows the development of the law of bailment (shomerim). The principles of bailment in Jewish law are found in the Bible, elucidated in the Talmud, and presented systematically in the codes. In this, they are typical and, therefore, instructive. The Guidetraces this progression from Scripture through the Talmudand the codes, showing the interpretation of the biblical text in the exegetic literature, and the development and application of the laws of bailment in the responsa. With the assistance of the Guide to the Sources of Jewish Law, the reader can learn how to find, for instance, the hakakhic ruling that emerges from a talmudic discussion or the talmudic sources for the rulings of the codes. Wherever possible, the Guide to the Sources of Jewish Law directs the reader to the most recent editions of traditional sources, which are generally more accessible.
The English edition, which has been especially adapted for the English reader, also traces the development of the law of bailment (shomerim) through the Bible, the Mishnah and Talmud, and the Codes. For each source, it presents an illustrative passage, with translation and explanation.
ContentsChapter One: SOURCES III. The Bibliographical Project The bibliographical project of the JLHS has produced
three volumes of bibliographies, by Prof. Rakover, which
collectively contain more than 35,000 bibliographic references to
books, articles, and other published materials concerned with
Jewish law. Volume 1 (which was published by the Harry Fischel
Institute for Research in Jewish Law) contains about 12,000
entries, and Volume 2 (published by the JLHS) contains about
9,000 entries, while Volume 3 contains more than 15,000 entries
of materials in languages other than Hebrew. A Bibliography of Jewish Law (Otzar
haMishpat) A comprehensive bibliography of books,
journal articles and other published materials written in Hebrew
on Jewish Law, in just about every field of law. Thus the reader will
find articles on such topics as religion and the state, ecology,
euthanasia, human rights and dignity, privacy, philosophy of law,
and many more. Multi-Language Bibliography of Jewish Law A comprehensive bibliography of books, journal
articles, and other published materials on Jewish Law in
languages other than Hebrew. The Multi-Language Bibliography of Jewish Law is an
ideal tool for jurists, rabbis, students, educators and scholars
for access to materials written about Jewish law. It is an
invaluable reference tool for those who seek to understand the
Jewish legal system and especially useful for Jewish studies -
scholars, theologians, and philosophers.
It can assist in the understanding of the application of Jewish
law to contemporary situations and problems. TThe Multi-Language
Bibliography of Jewish Law makes accessible the scholarship to
readers of languages other than Hebrew the contribution of Jewish law to
contemporary law and modern legal systems. IV. Research Works Civil Procedure in Jewish Law (Seder HaDin) A presentation of the norms of judicial procedure in
Jewish law, based upon both classical sources of Jewish law and
rulings of the rabbinical courts in Israel. This volume, for the
first time, acquaints the legal community with the procedure for
conducting cases in the Rabbinical courts according to Jewish
law - in terms of both theory and practice. This volume, which
focuses specifically upon civil procedure, also includes a
comparison to the procedures in the courts of general
jurisdiction. Commerce in Jewish Law (HaMischar b'Mishpat HaIvri) This volume consists of a series of studies in
various areas in which commerce and law intersect, and in which
Jewish law attempts to balance the conflicting interests in the
commercial world. Among the areas covered are: consumer protection,
market regulation, limitation on unfair competition,
and compensation for delay of payment. Part One
In view of developments in commerce and technology, consumer protection is needed in our time
more than ever. Copyright in Jewish Law {Zchut HaYotzrim baMekorot haYehudiyim} A comprehensive discussion of the crucial
contemporary issue of the rights of ownership over intellectual
property, as seen from the perspective of Jewish law. The Rule of Law in the Jewish Sources (Shilton haChok b”Yisrael) The rule of law is one of the key values in Jewish
law and ethics. This book examines this concept in depth,
beginning with the universal application of this concept to all
human society; through the principle of the overriding validity
of law, and the treatment of the conflict between law and other
societal values, the treatment of the ethical responsibility of
public servants, and such issues as the use of violence or
the threat of violence in legal procedure, the need to deviate
from strict law for the public good (as in the case of immunity
of state's witnesses in a criminal prosecution), and the
practice and significance of the use of the oath in legal
proceedings. Part One: LAW AS A UNIVERSAL VALUE Part Two: THE RULE OF LAW Part Three: ETHICAL STANDARDS FOR PUBLIC SERVANTS Part Four: VIOLENCE IN THE JUDICIAL PROCESS Part Five: STATE WITNESS Law and the Noahides
Partial English translation of "The Rule of Law in the Jewish Sources"
One of the seven commandments given to the Noahides is the commandment to establish a legal
system (dinim). The present study attempts to elucidate the Noahide obligation to establish a legal
system.
The establishment of legally binding norms, however, is not sufficient to fulfill the commandment to
establish a legal system. Noahides are obliged to judge justly between citizens and strangers. Thus,
the commandment to establish a legal system requires the establishment of a just legal system, one
that is applied with fairness and before whom all are equal.
Today, this principle is universally recognized and known as the 'rule of law.' Law that violates
fundamental human values does not satisfy modern conceptions of the rule of law and cetainly does
not meet the Noahide obligation to create a just legal system. Those who follow the dictates of an
unjust legal system are held accountable for obeying the law and not resisting it. It was on this basis
that war criminals were tried and convicted at the international war crimes tribunal in Nuremberg
after World War Two.
In recent years we are witnessing renewed interest in the Noahide commandments. Various groups
that bear the name Noahide wish to learn of their obligation. The U.S. Congress issued a joint
resolution reaffirming the commitment of the American people to the moral and ethical values
contained in the seven Noahide commandments.
The present study is the first in a series of studies now being prepared for publication in English.
These studies are based on research originally published in Hebrew by the Israel Ministry of Justice
as part of its Studies and Surveys on Jewish Law. It is hoped that the present study will help satisfy
the desire for knowledge of all those concerned with the universal values essential to human
society. Unjust Enrichment in Jewish Law (Osher v'Lo b'Mishpat) Israel's Unjust Enrichment Act, 1979, is based
almost entirely upon the principles of Jewish law. This volume
presents the central topics treated by Jewish law in this field,
including: “One derives a benefit and the other sustains no
loss,” the transaction of business with another's
property, an agent who receives benefit in consequence of agency,
indemnity for salvage of property, and indemnity for rescue of a
person.
Part One
Partial English translation of the above Hebrew book
The central question is whether and to what extent the person from whom the benefit is derived (the
benefactor or donor) is entitled to something in return from the recipient of the benefit. Since no
agreement exists on the matter, he has no right based on contract. Similarly, the donor has no right
based on tort if he has not been injured by the recipient's enjoyment of the benefit. Is there no way
for the donor to assert a right to compensation?
Benefit can be obtained by an act of the beneficiary; it can also be occasioned by an act of the
benefactor. So, for instance, A may make improvements to B's property by mistake or even
intentionally. If he does so intending to receive something in exchange, does his action,
undertaken without B's consent, entitle him to be paid for the improvements?
On a number of points, the Israeli Unjust Enrichment Law, 1979, abandons the principles of English
law in favor of the approach of Jewish law. It entitles a person who improves another's property to
recover, it adopts the principle 'one benefits and the other sustains no loss' as a factor to be
considered in exempting the recipient from the obligation to reimburse, and—to encourage acts of
rescue—it entitles a person who rescues another's property to indemnification.
Part One of the present work discusses the principle 'one benefits and the other sustains no loss'
and related principles, while the other parts study specific obligations, as when one transacts
business with property of another, or when one benefits from a transaction made as an agent of
another.
Human Dignity in Jewish Law
(Gadol Kvod haBriot) Ends that Justify the Means
(Matara haMekadesheket et haEmtzaim) The question when negative means may be
used for positive purposes has engaged philosophers and statesmen
over the years, over the globe. The Jewish sources address this
question in a wide spectrum of cases. This work analyzes some of the
prominent cases in which the Sages grappled with the dilemma of
conflicting values, and enables contemporary scholars and
thinkers to draw conclusions relevant to our time. Sacrificing One to Save Many
(Mesirut Nefesh - Hakravat haYahid l'Hatzalat
haKlal) This book involves situations in which one person
can save the lives of many by sacrificing his life. Must he do
so? Or is this even prohibited, constituting suicide? May another
person forcibly give up the first person's life, in order
to save the lives of many? These questions involve many
considerations, mainly the philosophical one: is it possible for
us to measure the 'weight' of a person's life
vis a vis the lives of many? In war, one is expected to give up his
life, if necessary, to save the lives of his nation. Can we
conclude from the state of war that this principle is true in
peacetime too? The revered late Chief Rabbi of the
State of Israel, R. Avraham Yitzhak haKohen Kook, dealt
extensively with this matter, in his correspondence with R. Shlomo
Zalman Pinnes of Switzerland. Their respective views are
analyzed in this book, alongside those of many other authorities
of Jewish law. The letters of R. Pinnes, never before printed in
their entirety, are published in an Appendix to the book, with
detailed footnotes. Promise; Obligation and Acquisition in Jewish Law (Asmakhta, Hiyuv veKinyan)
Protection of Privacy in Jewish Law (Hahagana al Tzin'at haPrat)
Rehabilitation of Criminals in Jewish Law (Takannat haShavin)
The Judge in Jewish Sources (haShofet baDin haIvri) A description of the personality and qualities of
the judge, as required in Jewish law.
V. The 'Jewish Law for Israel'
Series The “Jewish Law for Israel” (Hok
le-Yisrael) series, edited by Prof. Nahum Rakover, is a
systematic and up-to-date presentation of Jewish law as a basis
for legislation and judicial decisions. The books are arranged according to the laws of the
State of Israel, giving the view of Jewish law parallel to every
section of each specific law. 1) Guarantee Law (Areivut), by
Baruch Kahane. 864 pp. 2) Torts (Nezikin), by Avraham
Sheinfeld. 512 pp. 3) Unjust Enrichment (Assiyat Osher
velo be-Mishpat), by Jonathan Blass with Michael Wygoda. 236
pp. 4) Restoration of Lost Property
(Hashavat Aveidah), by Michael Wygoda. 156 pp. 5) Bailment (Shomerim), by
Baruch Kahane. 2 vols. 1696 pp. 6) Hire and Loan (S'chirut v'Sheela),
by Michael Wygoda. 673 pp.
I. Scripture
II. Mishnah and Talmud
III. Geonic Literature
IV. Halakhic Literature
Chapter Two: MODERN SCHOLARSHIP
Chapter Three: REFERENCE BOOKS AND SERVICES
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by Prof. Nahum Rakover. Volume 1, 576 pp., Volume 2, 592 pp.
by Prof. Nahum Rakover (in English)
Introduction
1. The Foundations and Nature of Halakhah
2. Sources
3. Jewish Law in General
4. Jewish Law in the State of Israel
5. Comparative Law
6. Society and Government
7. Courts and Procedure
8. Evidence
9. Contracts (Collections. Terminology)
10. Penal Law
11. Status of the Individual
12. Family. Inheritance
13. Torts
14. Acquisition and Contract
15. Various Concepts
16. Reference Works
17. Biographies of the Sages
Indices
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by Prof. Eliav Shochetman. 532 pp.
INTRODUCTION
Chapter One: THE COURT AND ITS PROCEDURES
Chapter Two: PARTIES AND THEIR REPRESENTATION
Chapter Three: COURT VENUE
Chapter Four: PLEADINGS
Chapter Five: SERVICE OF PROCESS
Chapter Six: TIME OF THE HEARING
Chapter Seven: IMMEDIATE DISMISSAL OF THE CLAIM, ITS CANCELATION, POSTPONEMENT, OR ABANDONMENT
Chapter Eight: FAILURE TO APPEAR AT THE HEARING
Chapter Nine: THE HEARING
Chapter Ten: COMPROMISE SUGGESTION TO THE PARTIES
Chapter Eleven: THE ORAL HEARING (ARGUMENTS)
Chapter Twelve: WITNESSES AND EVIDENCE
Chapter Thirteen: EXAMINATION OF PARTIES AND WITNESSES
Chapter Fourteen: PROTOCOL
Chapter Fifteen: THE JUDGEMENT
Chapter Sixteen: INCIDENTAL RELIEF: INTEREST, LINKAGE AND COSTS
Chapter Seventeen: TEMPORARY RELIEF: ATTACHMENT OF PROPERTY, PRELIMINARY INJUNCTION AND NE EXEAT REGNO
Chapter Eighteen: NON-FINALITY OF JUDGMENTS
Chapter Nineteen: THE APPEAL
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by Prof. Nahum Rakover. 284 pp.
CONSUMER PROTECTION
Chapter 1 Fraudulent Pricing
Chapter 2 Defective Weights and Measures
Chapter 3 Misrepresentation and Fraud
Chapter 4 Profiteering By Hoarding and Withholding Sale
Chapter 5 Price Control and Consumer Boycotts
Chapter 6 Restriction of Resale of Essential Goods
Chapter 7 Supervision and Penalties
Part Two
MARKET OVERT
Purchase of Stolen Goods
Chapter 1 Background and Trends – Change of Domain and Despair of Recovery
Chapter 2 The Main Principles of the Enactment Compared With the Israeli Law
Part Three
SEVERAL DEBTORS
Chapter 1 General
Chapter 2 Loans
Chapter 3 Deposits
Chapter 4 Guarantee
Chapter 5 Obligation
Chapter 6 Inheritance
Chapter 7 Torts
Chapter 8 Theft
Conclusions
Statute Proposed in Light of Jewish Law
Part Four
COMPETITION
Chapter 1 Protection Against Competing Business
Chapter 2 The Failure of a Business because of Competitor
Chapter 3 The Exertions of the Injured Party as Cause of Action
Chapter 4 Competition and Torts
Part Five
COMPENSATION FOR DELAY OF PAYMENT
Chapter 1 Torts
Chapter 2 Obligation
Chapter 3 Enjoyment of Another’s Property
Chapter 4 The Rule “The appreciation of the stolen thing belongs to the thief” – Application to the Withholding of Money
Chapter 5 Application of the Prohibition of Interest to Withholding Money
Chapter 6 Waiver
Chapter 7 The Custom in “the Four Lands” to Compensate for Market Loans
Chapter 8 Modes of Proof
Conclusions
Part Six
GUARANTEE AND TORTS
Guarantee and Torts
Ethics in the Marketplace
A Jewish Perspective
143 pp.
Partial English translation of "Commerce in Jewish Law"
Products today are no longer simple items with known dimensions and familiar characteristics. The
consumer, when coming to make his purchase, is greeted by complexity in both the product he
wishes to purchase and the transaction by which he purchases it. He is not fully aware of the
characteristics of the product, and he is incapable of understanding the full details of the various
purchase plans he may be offered. The consumer signs his name to a standard printed contract
(filled with small print), and he has little choice but to accept the contract as is. Moreover, at times,
the consumer requires protection from increases in the price of essential goods caused by the
activity of cartels. Clearly, measures must be taken to protect the consumer from practices such as
these.
On the other hand, measures taken to protect the consumer may conflict with the principle of free
trade. What is the extent of this freedom? When is it desirable for the legislator to intervene and
restrict it, and what are the methods for imposing some measure of control upon commercial
transactions?
In Jewish law, consumer protection is rooted in prohibitions against overreaching and
misrepresentation, regulation of weights and measures, and enactments for the prevention of unfair
price increases and profiteering.
Part One of this work discusses the basic trends of Jewish law in the area of consumer protection.
Part Two discusses the Market Enactment, which protects innocent purchasers of stolen goods,
delving into the various aspects of the enactment as reflected in the literature of Jewish Law over
the ages.
by Prof. Nahum Rakover. 520 pp.
Part One: THE FUNDAMENTALS OF COPYRIGHT
Chapter 1: Introduction
Chapter 2: Plagiarism and the Obligation to Disclose Origin
Chapter 3: Plagiarism of Torah Study
Chapter 4: The Author’s Rights to the Publication of His Work
Chapter 5: The Author’s Right to ‘Destroy’ His Work
Chapter 6: Conclusion
Part Two: APPROBATION AS THE BASIS FOR COPYRIGHT
Chapter 1: Introduction
Chapter 2: Early Approbations
Chapter 3: The Legal Basis of Approbations
Chapter 4: Protecting the Public Interest
Chapter 5: Analogy Between Approbations and Vows
Chapter 6: The Issue of ‘Fair Use’: Use of Portions of Protected Works, and Printing with Changes
Chapter 7: Transferability of Approbations
Chapter 8: Competition for the Right to Print
Chapter 9: The Right of the Author as Distinct From That of the Printer
Chapter 10: The Limits of Protection Provided by Approbations
1. Limits in Time
2. Exploitation of Approbations
3. Approbations for Basic Works
4. Setting the Price of the Publication
5. Conditions on the Quality of Printing
6. Approbation as an Infringement of the Rights of the Public
7. Invalidity of Blanket Approbations of All Works of One Printer
8. Approbations that Cause Damage
9. Expiration of Approbations Upon the Sale of Protected Works
10. Denying Remedies to One Who Has Infringed the Rights of Others
11. Territorial Limits
12. The Authority for Granting Approbations
Chapter 11: Sanctions
Chapter 12: Approbation and the Protection of Publishers in the Law of the State of Israel
by Prof. Nahum Rakover. 24 pp.
Law and the Noahides
The Law of the State is the Law
To view an English summary click here.
148 p.
All mankind is descended from Noah and his children, who were the only survivors after the great
flood. Thus, all men and women are known to Jewish tradition as 'the children of Noah' or
Noahides.
by Prof. Nahum Rakover. 244 pp.
'ONE BENEFITS WHILE THE OTHER SUSTAINS NO LOSS'
Chapter One - INTRODUCTION
Chapter Two - THE TALMUDIC DISCUSSION
Chapter Three - THE 'MANNER OF SODOM'
Chapter Four - THE LEGAL BASIS FOR THE EXEMPTIVE PRINCIPLE
Chapter Five - PROTESTING THE BENEFIT OBTAINED
Chapter Six - INTENTION TO PAY FOR BENEFIT
Chapter Seven - PREVENTION OF FORESEEABLE PROFIT
Chapter Eight - LOSS PRECEDING ENJOYMENT OF BENEFIT
Chapter Nine - BENEFIT INVOLVING LESSER LOSS
Chapter Ten - BENEFIT INVOLVING LOSS TO OTHER PROPERTY
Chapter Eleven - RECIPIENT PROVIDING A BENEFIT
Chapter Twelve - CAUSE OF BENEFIT – BENEFICIARY,
BENEFACTOR, OR THIRD PARTY
Part Two
PROFITING FROM ANOTHER PERSON'S PROPERTY
Chapter One - INTRODUCTION
Chapter Two - THE OWNER'S RIGHT TO PROFITS
Chapter Three - BENEFIT FROM ANOTHER'S LABOR
Chapter Four - HIRING STOLEN PROPERTY
Chapter Five - HIRING OUT ANOTHER'S PROPERTY
Chapter Six - SUBLETTING
Chapter Seven - INSURING ANOTHER'S PROPERTY
Part Three
AGENT WHO RECEIVES BENEFIT IN CONSEQUENCE OF AGENCY
Chapter One - INTRODUCTION
Chapter Two - AGENT RECEIVING BENEFIT
Chapter Three - PARTICIPATION IN RISK AS GROUND FOR SHARING PROFITS
Chapter Four - INSURING ANOTHER'S PROPERTY
Chapter Five - APPENDIX – RIGHTS AS IF ONE FOUND LOST PROPERTY
232 pp.
The term 'unjust enrichment' refers to situations in which one person derives material benefit from
another without being legally entitled to it.
by Prof. Nahum Rakover, 240 pp.
Chapter 2 The Dignity of A Human Being is the Dignity of God
Chapter 3 Details and Limitations
Chapter 4 The Value of Human Dignity and its Ramifications
Chapter 5 Laws Enacted to Save the Underprivileged from Humiliation
Chapter 6 Conclusion
by Prof. Nahum Rakover, 496 pp.
Chapter 1: PREFACE
Chapter 2: A TRANSGRESSION PERFORMED WITH GOOD INTENTION
Chapter 3: THE EVIL INCLINATION AND LESSER TRANSGRESSIONS
Chapter 4: RANKING COMMANDMENTS AND TRANSGRESSIONS
Chapter 5: A TRANSGRESSION BETWEEN MAN AND MAN VERSUS ANOTHER VALUE
Chapter 6: SAVING ONESELF AND SAVING ANOTHER
Chapter 7: VIOLATING THE SABBATH TO PREVENT CONVERSION
Chapter 8: MARRIAGE TO PREVENT PROSTITUTION
Chapter 9: FACTORS REGARDING PUNISHMENT
Chapter 10: SUMMARY
Indices
English Abstract
To view an English summary click here.
by Prof. Nahum Rakover, 336 pp.
Chapter 1: PREFACE
Chapter 2: ALL MUST BE KILLED RATHER THAN SURRENDERING ONE
Chapter 3: “BE KILLED RATHER THAN TRANSGRESS”
Chapter 4: ONE VERSUS SEVERAL IN “BE KILLED RATHER THAN TRANSGRESS”
Chapter 5: DIVERTING AN ARROW FROM SEVERAL PERSONS TO ONE
Chapter 6: PREFERRED STATUS FOR A GROUP IN RESCUE FROM INJURY
Chapter 7: SELF-SACRIFICE TO RESCUE ONE OR MANY
Chapter 8: SELF-SACRIFICE IN “TEMPORARY LIFE”
Chapter 9: SACRIFICING ONE FOR THE MANY IN WAR
Chapter 10: RESCUE OF THE JEWISH PEOPLE
Chapter 11: SELF-SACRIFICE TO SAVE THE JEWISH
PEOPLE
Chapter 12: SUMMARY
Appendixes
Indices
English Abstract
To view an English summary click here.
by Prof. Berachyahu Lifshitz. 456 pp.
by Prof. Nahum Rakover, 448 pp.
The purpose of this book is to discuss various issues concerning privacy as they are reflected in Jewish sources. The right to privacy has become an increasingly material problem of our technological age-a problem the law has attempted to solve. Basically, the right to privacy affirms that a person is entitled to live his life and conduct his affairs without interference, and to do so out of the public gaze and without the full blare of widespread publicity. The defense of privacy involves the principle that not only are the person and his physical property should be to be guarded, but that his individuality, personality, good reputation, and intellectual possessions are to should be protected as well. The right to privacy includes inter alia preserving the secrecy of the intimate doings of the individual, his writings and letters, his conversations, and his personal way of life. From a practical viewpoint, this right is expressesd itself in by protecting the person's private life from prying, scrutiny, and investigation.
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by Prof. Nahum Rakover, 744 pp.
The theme of this research is the attitude of the Jewish sources to one of the basic human rights: the status of a criminal after he has undergone his punishment. Should he be ostracized, should we keep away from him, or should we try to accept him back to society? Does the fact that a person has once been caught in his wrongdoing attach to him for ever thereafter, and seal his fate, or is he entitled then to engage in any calling he may, without the shadow of his past offence pursuing him?
The question has two aspects. The first concerns the legal rights of the punished offender to take up his career once again, and to be restored to his previous occupation and position. The second concerns recording of information about convictions and publicizing such information. Since publicizing it is liable to cause the person damage, affect his repute, and deny him various opportunities (if not in point of law, at least in practice), we must ask who is entitled to receive this information, and what information may be given.
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by Prof. Jacob Bazak. 52 pp.
Chapter 1 Guarantee Defined
Chapter 2 Restriction as to Guarantee
Chapter 3 Creation of Guarantee
Chapter 4 Scope of Guarantee
Chapter 5 Variation of Obligation
Chapter 6 Discharge of Guarantor
Chapter 7 Defenses
Chapter 8 Liability of Guarantor
Chapter 9 Guarantor’s Right to Resort to Debtor
Chapter 10 Restrictions on Guarantor’s Right to Resort to Debtor
Chapter 11 Guarantor’s Position Before Fulfilling Guarantee
Chapter 12 Charge on Debtor’s Property
Chapter 13 Several Guarantors
Chapter 14 Person Guaranteeing Guarantor
Chapter 15 Rescission of Guarantee of Future Obligation
Chapter 16 Undertaking to Indemnify
Chapter 17 Guarantee of Defective Obligation to be Regarded as Undertaking to Indemnify
Addenda
Indices
Chapter One: INTERPRETATION
Chapter Two: RIGHTS AND LIABILITIES IN TORT
Chapter Three: CIVIL WRONGS
Article One: Assault
Article Two: Imprisonment
Article Three: Trespass
Article Four: Negligence
Article Five: Nuisances
Article Six: Misappropriation
Article Seven: Deceit
Article Eight: Malicious Prosecution
Article Nine: Causing Breach of Contract
Article Ten: Breach of Statutory Duty
Chapter Four: FAULT
Chapter Five: REMEDIES FOR CIVIL WRONGS
Chapter Six: MISCELLANEOUS
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Chapter 1 Duty of Restitution
Chapter 2 Exemption From Restitution
Chapter 3 Deduction of Expenses
Chapter 4 Person who Pays Another Person’s Debt
Chapter 5 Person who Acts to Protect Another Person’s Interest
Chapter 6 Building and Planting on Another’s Property
Chapter 1 Definitions
Chapter 2 Duty of Finder
Chapter 3 Property Found in Other Person’s Domain
Chapter 4 Property the Owner of Which is Not Ascertained
Chapter 5 Redemption of Lost Property
Chapter 6 Sale of Lost Property
Chapter 7 Left Property
Chapter 8 Property of Missing Person
Section 1(a) The Conditions Necessary for Establishing Bailment
Section 1(b) The Bailee
Section 1(c) Bailee for Reward
Section 1(d) Borrower
Section 2(a) Liability of a Gratuitous Bailee
Section 2(b) Liability of a Bailee for Reward
Section 2(c) Liability of a Borrower
Section 2(d) Duty to Notify the Owner of the Property
Section 3 A Bailee who Undertook Personal Safekeeping
Section 4 Restrictions on the Bailee’s Liability
Section 5 The Bailee’s Payment
Section 6 Positive Action to Prevent Damage to the Property
Section 7 Sub-bailee
Section 8 Indemnification of the Bailee’s Expenses
Section 11 Termination of the Bailment
Section 12 Hotel Proprietor’s Liability Regarding his Guest’s Property
Section 13 Definition of “Owner of Property”
Section 14 Stipulation Changing the Bailee’s Rules
Addenda
Indices
Bailees Law
Chapter One: HIRE
Article One: General Provisions
Section 1 Nature of Hire
Section 2 Scope of Application
Section 3 Particulars not Laid Down by the Agreement
Section 4 Good Faith
Article Two: Obligations of the Lessor
Section 5 Delivery, Date and Place Thereof
Section 6 Non-Conformity
Section 7 Duty to Repair Thing Hired
Section 8 Concealment of Non-Conformity or Defect
Section 9 Remedies for Failure to Repair
Section 10 Defect the Repair of Which is not to be Demanded
Section 11 Undisturbed Use
Article Three: Obligations of the Lessee
Section 12 Duty to Take Possession of the Thing Hired
Section 13 Rent
Section 14 Date and Place of Payment
Section 15 Exemption from Duty of Payment
Section 16 Use of the Thing Hired
Section 17 Inspection and Repair by Lessor
Article Four: Period of Hire
Section 18 Commencement of Hire
Section 19 Termination of Hire
Section 20 Return of Thing Hired
Article Five: Miscellaneous Provision
Section 21 Transfer of Things Hired
Section 22 Transfer of Hire
Section 23 General Remedies for Breach of Contract
Section 24 Application of Bailees Law
Section 25 Set-off
Chapter Two: LOAN
Section 26 Nature of Loan
Section 27 Application of Sections
Section 28 Denial of Remedies
Section 29 Termination of Loan
Section 30 Transfer of Loan
Chapter Three: MISCELLANEOUS
Section 31 Use Without Possession
Indices
Biographical List
Hire and Loan Law
7) Joint Ownership
(Shituf Nechasim),
346 pp.
Article One: Joint Ownership Relations
Section 27 Joint Ownership of Immovable Property
Section 28 Size of Share of Joint Owner
Section 29 Joint Ownership Agreement
Section 30 Management and Use
Section 31 Right of Individual Joint Owner
Section 32 Expenses
Section 33 Payment for Use
Section 34 Right of Joint Owner to Deal with his Share
Section 35 Right to Proceeds
Article Two: Severance of Joint Ownership
Section 37 Right to Claim Severance of Joint Ownership
Section 38 Severance Under Agreement or Court Order
Section 39 Severance by Way of Partition
Section 40 Severance by Way of Sale
Section 41 Severance in Special Cases
Section 43 Wishes of Joint Owners
Section 45 Joint Holding of Other Rights
Article Three: Building and Planting on Immovable Property
Section 46 Severance of Joint Ownership by Reason of Unlawful Installation of Fixtures
Article Four: Boundary Fixtures
Section 49 Ownership and Use
Section 50 Produce Which has Fallen onto Another's Property
Section 51 Plants Growing Near Boundary
8) Trust
(Ne'emanut biNechasim),
by Yaron Unger, 754 pp.
Chapter One: General Provisions
Section 1 What is a Trust
Section 2 Creation
Section 3 Trust Property
Section 5 Effect of Trust Vis-a-Vis Third Party
Section 6 Trust Moneys
Section 7 Accounts and Reporting
Section 8 Remuneration and Expenses
Section 9 Several Trustees
Section 10 Duties and Powers
Section 11 Provisions Subject to Conditions of Trust
Section 12 Responsibility
Section 13 Prohibition of Benefit
Section 14 Invalidation of Acts
Section 15 Unlawful Profit How to be Dealt With
Section 16 Property of Extinguished Trust
Chapter Two: Trust under Instrument of Endowment
Section 17 Creation and Commencement of Endowment
Section 18 Variation and Revocation of Endowment
Section 19 Directions of Court
Section 20 Rights of Beneficiaries
Section 21 Appointment of Trustee
Section 22 Termination of Tenure of Trustee
Section 23 Variation and Rescission by Court
Section 24 Measures to Safeguard Property and Rights
9) Defective Contracts (Pgamim biHozeh), 517 pp. Contents
Section 13 Contract Made for Appearance Sake
Section 14 Mistake
Section 15 Deceit
Section 16 Clerical Error
Section 17 Duress
Section 18 Extortion
Section 19 Partial Rescission
Section 20 Mode of Rescission
Section 21 Restitution after Rescission
10) Agency (Shlihut), by Michael Wygoda. 973 pp. Contents
Section 1 - Agency and Object Thereof
Section 2 - Effect of Agency
Section 3 - Conferment and Form of Agency
Section 4 - Capacity of Agent
Section 5 - Scope of Agency
Section 6 - Unauthorized Act
Section 7 - Undisclosed Agency
Section 8 - Loyalty; Obligations of Agent
Section 9 - Remedies
Section 10 - Property and Profits
Section 11 - Indemnification
Section 14 - Termination of Agency
Section 15 - Restrictions as to Termination of Agency
Section 16 - Subagency
Section 17 - Several Agents and Principals
Appendix Benefitting a Person in Absentia
The volumes that are in preparation include: Real Property; Gift; and Penal Law.
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VI. Environment and Ecology: Research works and workshops
Environment and Judaism, Legal and Philosophical
Perspectives (Eichut haSeviva)
by Prof. Nahum Rakover. 160 pp.
This book, which may serve as the basis for understanding the Jewish approach to ecological problems, is accompanied by photographs of nature sites in Israel, and the text of environmental regulations adopted by 19th century neighborhoods in Jerusalem. (An English translation of the book is in preparation.)
Workshop on Ecology in the Technological Era
by Prof. Nahum Rakover. 25 pp.
Instructor's Manual. 28 pp.
A workshop designed for use in high school teaching, dealing with the issues ecology raises, from the perspective of Jewish law.
Hunting for Pleasure, Protection of Animals
(Haganat haChai - Tzeyd Chayot)
by Prof. Nahum Rakover. 20 pp.
A concise pamphlet discussing the issue of hunting for pleasure, in light of Jewish legal sources dictating concern for protection of all life forms.
Workshops on the Environment
(Sadnaot b”Noseh Eichut haSeviva)
by Prof. Nahum Rakover. 33 pp.
VII. Workshops in Jewish Law
The JLHS has published materials for study in law faculties and in high schools. In addition to the workshops on environmental issues listed above, the following workshops have been collected and published in four volumes:
Taking the Law Into One's Own
Hands
Duty to Rescue under risk of physical endangerment
Extradition
Peace as the Ultimate Value
Translation of these workshops into English have begun, so that they may be used for teaching in Jewish high schools and universities in English speaking countries.
The workshops that have been used for lawyers and judges include the following topics:
Volume 1:
Unjust enrichment
Mistake in contract
Penal law: duress and necessity
Penal law: ignorance of the law
Penal law: mistake of facts
Contract law: defect in the contract (illegality,
immorality, under duress)
Agency: acting without authority
Volume 2:
Torts: liability of judges and other public servants
for negligence
Stipulations in a contract
Ownership
Lease
Lease: transfer of rights
Self-defense of one's property
Transfer of Obligations
Volume 3:
environmental protection
Volume 4:
Agency, scope and charter
The Employer/Employee relationship
Code of conduct for public officials/servants
Torts: Professional malpractice
Contract: duress
Bailees
Penal law: necessity
Volume 5:
Procedure: final judgment
Lease: transfer of rights
VIII. Proceedings of International Conferences
Jewish Law and Current Legal Problems; The Bible
and Talmud and their Contribution to Modern Legal Systems
Proceedings of the First International Seminar on
the Sources of Contemporary Law.
edited by Prof. Nahum Rakover. (in English) 253 pp.
LEGAL THEORY
The Lesson of Jewish Law for Legal Change
The Emergence of the Halakhic Legal System
Extensive and Restrictive Interpretation
LAW IN CHANGING SOCIETIES
The Kibbutz as a Legal Entity
The Levirate and Human Rights
JUDICIAL PROCESS
Compromise
The Church Fathers and Hebrew Political Thought
RELIGION AND LAW
The Influence of Religion Upon Law
The Ten Commandments in American Law
PENAL LAW
Maimonides views on crime and punishment
Extradition
Coercion in Conjugal Relations
SELF-INCRIMINATION
The Privilege Against Self-Incrimination in
Anglo-American Law; The Influence of Jewish Law
Self-Incrimination
The Rationale for Excluding Incriminating
Statements; U.S. Law Compared to Ancient Jewish Law
Due Process in Rabbinical and Israeli Law; Abuse and
Subversion
MEDICAL ETHICS
Transplants
Artificial Insemination
Medical Malpractice
Euthanasia
Therapeutic Abortion
Maimonides as Codifier of Jewish Law
Proceedings of the Second International Seminar on
the Sources of Contemporary Law.
edited by Prof. Nahum Rakover. (in English) 325 pp.
CODIFICATION AND SOURCES
Maimonides as Codifier of Jewish Law
Codificatory Method and Jewish Legal Theory
Criteria for Designating Laws
Theory for Juristic Reasoning
Biblical Foundation of Jewish Law
Surety of the Person of the Debtor: Maimonides'
Geonic Sources
MORALS AND LAWS
Law and Morality
Meta-Ethics in the Theory of Morals of
Maimonides
Law and Justice
Maimonides and Equity
POLITICAL THEORY
Political and Legal Philosophy in the Guide for the
Perplexed
Local Legislation and Independent Local
Leadership
CRIMINAL LAW
Criminal Responsibility and Mental Illness
Treatment of Fatally Ill Patients (Terefah) in
Maimonides' Law of Homicide
FAMILY LAW
Social Realities in Egypt and Maimonides' Ruling in
Family Law
Compelling the Husband to Divorce
Individual, Social and National Aspects of
Inheritance
COMPARATIVE ANALYSIS
Maimonides and American Case Law
Comparative Study of Gratian and Maimonides
Jerusalem - City of Law and Justice
Proceedings of the Third International
Seminar on the Sources of Contemporary Law.
The international seminar on "Jerusalem - City of Law and Justice", was held at Jerusalem in 1996. The topic of the seminar was chosen as part of the celebration of the three thousandth anniversary of Jerusalem as capital of Israel.
This seminar was the third in a series of seminars on "The sources of Contemporary Law". The first seminar in the series dealt with "The bible and Talmud and their Contribution to Modern Legal Systems", and the proceedings were published in a volume entitled Jewish law and current legal Problems. The Topic of the second seminar was "Maimonides as Codifier of Jewish Law", and the proceedings were published under that title.
The success of these seminars bears witness to a growing interest in Jewish law throughout the world. Courses in Jewish law have now been established in law faculties and in other departments of universities in many countries.
Like its predecessors, the present seminar was held under the auspices of the Israel Ministry of Justice, the Hebrew University of Jerusalem, the Israel Bar and the New York County Lawyers' Association. Participants included approximately 200 men and women of different religions and from different countries.
This book is a collection of the lectures at the third seminar which were delivered by scholars from Israel and abroad. The following fields were dealt with: Jerusalem and the Temple Mount; Israel as a Jewish and Democratic State; Human Rights and the Individual; Penal law, Evidence, Responsibility; Law and Medicine; Influence of Jewish law on other Legal Systems.
ContentsOPENING ADDRESS, Nahum Rakover
GREETINGS BY THE PRESIDENT OF ISRAEL, Ezer Weizman
GREETINGS BY THE PRESIDENT OF THE SUPREME COURT OF ISRAEL, Aharon Barak
GREETINGS BY THE MINISTER OF JUSTICE, Yaakov Neeman
GREETINGS BY THE CHAIRMAN OF THE ISRAEL BAR, Dror Hoter-Ishai
JERUSALEM AND THE TEMPLE MOUNT
Eliyahu Bakshi-Doron: THRONES OF JUDGMENT AT YOUR GATES, O JERUSALEM
David D. Frankel: TEMPLE MOUNT — ACCESS AND PRAYER
David A. Thomas: A CONCISE LEGAL HISTORY OF JERUSALEM
Menashe Har-El: JERUSALEM THE HOLY CITY IN JUDAISM, CHRISTIANITY AND ISLAM
Abdul Hadi Palazzi: JERUSALEM: THREE-FOLD RELIGIOUS HERITAGE FOR A CONTEMPORARY SINGLE ADMINISTRATION
Shlomo Slonim: CHANGES IN THE ATTITUDE OF THE VATICAN ON THE ISSUE OF JERUSALEM
Malvina Halberstam: THE JERUSALEM EMBASSY ACT: U.S. RECOGNITION OF JERUSALEM AS THE CAPITAL OF ISRAEL
ISRAEL AS A JEWISH AND DEMOCRATIC STATE
Eliezer Schweid: ISRAEL AS A JEWISH-DEMOCRATIC STATE: HISTORICAL AND THEORETICAL ASPECTS
Asher Maoz: THE VALUES OF A JEWISH AND DEMOCRATIC STATE
Jacob Bazak: ISRAELI LAW IN THE VIEW OF HALAKHAH HUMAN RIGHTS AND THE INDIVIDUAL
Nahum Rakover: THE PROTECTION OF HUMAN DIGNITY
Irwin Cotler: HATE SPEECH, EQUALITY AND THE LIMITS ON FREEDOM OF EXPRESSION: THE CANADIAN EXPERIENCE AS A CASE-STUDY
Moshe Ish-Horowicz: RELIGIOUS TOLERANCE AND DIVERSITY IN JUDAISM
Herbert Druks: RELIGIOUS FREEDOM AND THE JEWS IN EARLY AMERICAN HISTORY
Alan J. Yuter: PERSON AND PROPERTY IN JEWISH LEGAL THOUGHT PENAL LAW, EVIDENCE, RESPONSIBILITY
Leah Bornstein-Makovetsky: JEWISH INFORMERS IN THE OTTOMAN EMPIRE IN THE 16th—17th CENTURIES
Yehoshua Ben-Meir: CIRCUMSTANTIAL EVIDENCE
Richard A. Freund: INTER-GENERATIONAL RESPONSIBILITY
Bernard W. Freedman: THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT...? —COUNSEL’S ETHICAL RESPONSIBILITIES
LAW AND MEDICINE
J. David Bleich: SURROGATE MOTHERHOOD
Yosef Rivlin: ARTIFICIAL INSEMINATION, IVF AND SURROGATE MOTHERHOOD: IMPLICATIONS FOR INHERITANCE LAW
Sharon Levy: EUTHANASIA: WITHHOLDING TREATMENT: A LEGAL AND ETHICAL ANALYSIS
Rivka Katz: MEDICAL ETHICS
INFLUENCE OF JEWISH LAW ON OTHER LEGAL SYSTEMS
Neil H. Cogan: MOSAIC EQUALITY IN AMERICA
Jonathan Fisher: SELF-INCRIMINATION AT COMMON LAW — ITS ORIGIN IN JEWISH LAW
Osman Zumrut: THE INFLUENCE OF JEWISH LAW ON ISLAMIC LEGAL PRACTICE
Sinaida De Gregorio: THE INFLUENCE OF JEWISH LAW ON BRAZILIAN LAW — MARRIAGE AND DIVORCE