Search Results - Ben-Menahem, Hanina

Hanina Ben-Menahem

Hanina Ben-Menahem is an Oxford trained scholar at the Hebrew University of Jerusalem who specializes in Jewish law (Halakha).

Ben-Menahem is critical of the legal positivist approach that dominates Mishpat Ivri, a comparative legal approach to Halakha. He was also a renowned chancellor of law in which he made several advancement in jurisprudence.

He argues that Jewish law is not a unified legal system and that its sources and principles are not logically and hierarchically ordered. Instead, he contends that Jewish law has a pluralistic structure, in regard both to its differing domains of authority (e.g., Ashkenazi and Sephardi) and the co-existence of incompatible rules. He believes Halakha makes room for judicial discretion and deviation, leading to a non-systematic tolerance for controversy. Furthermore, Halakha lacks strict adherence to precedence, an appellate system, and "secondary rules of recognition" (cp. legal positivist H.L.A. Hart) to determine authoritative laws. Provided by Wikipedia
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    Authority, process and method : studies in Jewish law /

    Published 1998
    Other Authors: “…Ben-Menahem, Hanina…”
    Full Text (via Taylor & Francis)
    eBook
  4. 4

    Authority, process and method : studies in Jewish law /

    Published 1998
    Other Authors: “…Ben-Menahem, Hanina…”
    Full Text (via Taylor & Francis)
    eBook
  5. 5

    The Jewish law annual. in honor of Neil S. Hecht /

    Published 2011
    Other Authors: “…Ben-Menahem, Hanina…”
    Full Text (via Taylor & Francis)
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  6. 6

    Controversy and dialogue in the Jewish tradition : a reader : with an interpretive essay /

    Published 2005
    Other Authors: “…Ben-Menahem, Hanina…”
    Book
  7. 7

    Windows onto Jewish legal culture : fourteen exploratory essays.

    Published 2011
    Other Authors: “…Ben-Menahem, Hanina…”
    Full Text (via Taylor & Francis)
    eBook
  8. 8

    Windows onto Jewish legal culture. fourteen exploratory essays /

    Published 2011
    Other Authors: “…Ben-Menahem, Hanina…”
    Full Text (via Taylor & Francis)
    eBook
  9. 9

    Windows onto Jewish legal culture : fourteen exploratory essays /

    Published 2011
    Other Authors: “…Ben-Menahem, Hanina…”
    Full Text (via Taylor & Francis)
    eBook
  10. 10

    Controversy and dialogue in the Jewish tradition : a reader /

    Published 2020
    Other Authors: “…Ben-Menahem, Hanina…”
    Full Text (via Taylor & Francis)
    eBook
  11. 11

    Windows onto Jewish legal culture : fourteen exploratory essays /

    Published 2011
    Other Authors: “…Ben-Menahem, Hanina…”
    Book
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