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Mishpat Ivri, Halakhah and Legal Philosophy: Agunah and the Theory of “Legal Sources" [PDF]

open access: yes, 2001
In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the ...
Jackson, Bernard S.
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Answers of legal dogmatics to two important problems of the philosophy of law [PDF]

open access: yes, 2012
Introduction: aims and points of departure. 1. The problem of the knowledge of law: whether previous general rules may support a casuistic decision. 2. The problem of legal ethics: whether there are autonomous rights, which do not depend on positive law.
Adeodato, João Maurício
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