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Jewish Law and American Law, Volume 1

A Comparative Study
  • Samuel J. Levine
Language: English
Published/Copyright: 2018
View more publications by Academic Studies Press
Touro University Press
This book is in the series

About this book

This volume contributes to the growing field of comparative Jewish and American law, turning to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.

Author / Editor information

Samuel J. Levine is Professor of Law and Director of the Jewish Law Institute at Touro Law Center. He has also served as the Beznos Distinguished Professor at Michigan State University College of Law, and he has taught at the law schools at Bar-Ilan, Fordham, Pepperdine, and St. John’s Universities.

Reviews

“Levine’s work as a whole is laudable for the way in which he takes up the comparative task. … Levine’s essays are fully accessible to readers who have no prior knowledge of Jewish law, yet he also does not attempt to translate complex terms into comparative American language or modes of thought that would obscure the complexity of the ideas behind them. … The book is well worth having on the bookshelf of anyone who wants to think about what we can learn from Jewish law, the ethos of Jewish life, or religious legal systems generally, that make our study of our own secular legal systems and culture more incisive and critical.”

—Marie A. Failinger, Mitchell Hamline School of Law, Touro Law Review

Jewish Law and American Law: A Comparative Study collects twenty-six essays by Samuel J. Levine … on an impressive array of topics that fall under the broad headings of the Jewish and American legal traditions and, frequently, the interrelationship between the two. Each chapter displays Levine’s mastery of both legal corpora, through clear arguments and copious documentation of primary sources and secondary literature in both Jewish and American law. … Readers will find that these illuminating essays provide an in-depth account of the issues at hand.” —Marc Herman, H-Judaic

“The recent two volume anthology of Professor Samuel J. Levine’s essays, articles and lectures on the intersection of Jewish and American Law, entitled Jewish Law and American Law: A Comparative Study, rewards readers with a penetrating insight into Professor Levine’s rich body of comparative legal scholarship. … [Jewish Law and American Law] reveals a lifetime of scholarship impossible to satisfactorily distill or summarize thoroughly for potential readers. However, its introduction to key concepts in Jewish Law and its capacity to bring those concepts into conversation with substantive topics in American Constitutional Law and professional ethics, rewards the reader with insights into a legal tradition which is both deeply imbricated in the American one and a principled alternative to it.” —Jeffrey B. Meyers, Thompson Rivers University, Global Journal of Comparative Law

“Levine has distinguished himself as one of the foremost scholars and teachers of Jewish law in the American legal academy. Perhaps most importantly, Levine has taken on the role of gatherer and keeper of all things Jewish law within the American law school universe. … Jewish Law and American Law is perhaps best viewed in this context, as a work that helpfully gathers some of the most important and useful studies of comparative Jewish and American law in one place, and provides a valuable resource for those interested and working in the field.”—Shlomo C. Pill, Emory University School of Law, Journal of Law and Religion

Eli Wald:

“Samuel Levine’s two-volume book, Jewish Law and American Law: A Comparative Study, makes an important contribution to comparative law studies of criminal and constitutional law (volume 1), and analyses of law and narrative, legal history and law and public policy (volume 2). Lawyers, law students, and scholars of the legal profession are likely to be particularly interested in Section Five of volume 1, consisting of five chapters comparing the Jewish and U.S. legal systems. In a concise and enlightening fashion, Professor Levine explores numerous legal profession topics, offering contextual insights and raising ideas for future analysis.” —Eli Wald, JOTWELL

Michael A. Helfand:

“Levine’s recently published two-volume work, Jewish Law and American Law: A Comparative Study, is primarily a collection of his impressive contributions to the Jewish comparative project over the past three decades. A quick perusal of the two volumes serves as a ready reminder of why Levine has long been one of the academics central to Jewish law’s rise in the American legal academy. Covering his wide range of Jewish law writings, the two volumes traverse significant legal terrain, focusing on the areas of Levine’s primary scholarly emphasis. … For those interested in both Jewish law in particular, and religious law in general, [Jewish Law and American Law] serve[s] as [an] extraordinary exploration within the Jewish comparative law project.” —Michael A. Helfand, American Journal of Comparative Law, Vol. 67 No. 1

"As Samuel Levine readily acknowledges in his first chapter, those who taught Jewish law in Western law schools chose from a number of competing models. Because he is so fully at home with Jewish sources 'on their own terms,' as he puts it—a product of both the yeshiva and the Western academy—he is able to move effortlessly between them, and add still more dimensions of understanding. Particularly welcome is his facility with a wealth of material from Jewish philosophy, ethics, and history. Growing out of his years of teaching and writing, the two volumes should become a standard by which Jewish law curricula are judged."

—Rabbi Yitzchok Adlerstein, Director of Interfaith Affairs, The Simon Wiesenthal Center

“This highly interesting two-volume collection is a major addition to the study of both American Constitutional Law and Jewish Law. These two disciplines may seem very remote from each other, but Professor Levine's analysis discovers and describes many common principles. We in Israel face a special challenge, as Jewish Law is a recognized source of the law of the land. But there is definitely a common ground with American Law, based on mutual values and the Bible, a common cultural denominator. The richness of subjects and sources covered by Levine is overwhelming. The law is an ocean—and we are brilliantly led to a safe haven.” —Justice Elyakim Rubinstein, Deputy President (Ret.), The Supreme Court of Israel

“Professor Levine is one of the leading scholars currently exploring the intersection of Jewish and American law. By examining how the two legal systems approach a variety of questions, Professor Levine’s work makes meaningful contributions to both Jewish and American law. This book is a must-read for anyone just discovering this exciting field and an invaluable resource for those already steeped in this important intellectual tradition.” — Adam Chodorow, Professor of Law and Willard H. Pedrick Distinguished Research Scholar, Arizona State University College of Law

“Few probably expect a manual on Jewish and American comparative law to be a fluid, entertaining read but Prof. Levine is a skilled teacher and his exposition has clear structure and is leanly written. The research behind the book is astonishing and ... the reader can easily dip into Sam Levine’s erudition.” — Graham James McAleer, Professor, Department of Philosophy, Loyola University Maryland, Baltimore

“These essential volumes collect Professor Levine’s vast writings on Jewish and American law in one helpful title. By bringing together Professor Levine’s writing in this way, it is possible to appreciate the breadth and depth of his scholarship.” — David Hollander, Librarian for Law and Legal Studies; Librarian for Judaic Studies and Hebrew, Princeton University Library

“For many years now, Sam Levine has been a voice of reason in an America deeply divided over the role of religion in American life. With this collection, a national audience will learn what the legal academy already knew—that there are powerful and humane lessons to be learned for secular life from Sam Levine’s careful and knowledgeable perspectives on Jewish law.” — Bruce Ledewitz, Professor of Law, Duquesne University School of Law

“In Jewish Law and American Law: A Comparative Study, Sam Levine, one of the twenty-first century’s leading scholars of Jewish Law, has delivered a must read comprehensive collection of his articles. Each chapter is thought provoking and exceptionally well researched and reasoned. ... [This book] includes several of Levine’s classic articles, but even for those familiar with his work there are less well known, yet thought provoking materials to be found.” — Frank S. Ravitch, Professor of Law and Walter H. Stowers Chair in Law & Religion; Director, Kyoto Japan Program, Michigan State University College of Law

“These two volumes are a treasure trove of fine scholarship. In these important and erudite books, Samuel Levine provides a comprehensive study of comparative law between the Jewish and American legal frameworks. ... This is necessary reading for students and scholars of both law and Jewish studies.” — Dr. François-Xavier Licari, Associate Professor of Comparative Law, Université de Lorraine, France

“This impressive collection of crisp and erudite essays uses the binocular of Jewish law and American law to bring a number of arresting legal themes into sharp new focus. This is comparative legal study and religious lawyering done with grace, wisdom, and refinement.” — John Witte, Jr., Director of the Center for the Study of Law and Religion, Emory University

“Professor Levine brings out the unique qualities of the Jewish and American systems while also exploring with great sensitivity the fundamental policies and values that connect them. These volumes are a landmark in the field of comparative law and an enduring contribution to our understanding of both legal traditions.” — Geoffrey Miller, Stuyvesant P. Comfort Professor of Law; Director, Center for Financial Institutions; Co-Director, Center for Civil Justice, NYU School of Law

“Professor Samuel J. Levine is one of the leading law and religion and legal ethics scholars of his generation. The two volumes of Jewish Law and American Law: A Comparative Study are welcome, valuable contributions to these fields and are compelling evidence of Levine’s learning and insight. ... His comparative method illuminates both of the traditions he explores. Scholars and citizens, of all faith traditions or none, will learn from and enjoy this fascinating work.” — Richard W. Garnett, Paul J. Schierl / Fort Howard Corporation Professor of Law; Director, Notre Dame Program on Church, State & Society; Concurrent Professor of Political Science, Notre Dame Law School

“A wonderful collection of essays by the foremost scholar of Jewish Law teaching full time at an American law school. ... Professor Levine has produced a monumental, erudite work that is wide-ranging, eye-opening, and likely as enduring as the subject of its study. A tour de force.” — Keith Sharfman, Professor of Law, St. John’s University, New York


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Section One The Comparative Study of Jewish Law and American Law: An Introduction

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Section Two Capital Punishment

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Section Three Self-Incrimination

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Section Four Constitutional Theory

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Section Five Legal Practice

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Publishing information
Pages and Images/Illustrations in book
eBook published on:
August 20, 2018
eBook ISBN:
9781618116567
Pages and Images/Illustrations in book
Main content:
384
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