Contrasts in American and Jewish Law

Download or read book Contrasts in American and Jewish Law written by Daniel Pollack and published by KTAV Publishing House, Inc.. This book was released on 2001 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: American law and the American legal system are rights-based, whereas Jewish law and the halakhic system are duty-based. This distinction goes to the heart of the two legal systems; the basis on which each is founded, how they conceptualize human nature and the social order, and how they function. The American legal system is a human construction forged in a secular society. The halakhic system, while honed and clarified over the centuries by human decisors, is ultimately grounded in a text revealed by God. In consequence, the two legal systems approach problems quite differently. This is explained and illustrated in this volume by discussions of such compelling social issues as euthanasia, medical treatment without consent, search and seizure in schools, procreation rights of prisoners, liability for environmental damage, termination of parental rights due to mental incapacity, and the capacity of the mentally retarded to give informed consent.