Heka László: Bevezetés a zsidó jogrendszerbe. In: Acta Universitatis Szegediensis : acta juridica et politica, (71) 1-17. pp. 263-304. (2008)
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Abstract
The Jewish legal system, based on religious laws, has served as an authoritative set of rules for Hebrew people during the history, and concerning its development, it can be divided into two main periods each with a legal system valid for them: these are the Biblical (Mozes) and the „after Biblical", named Talmud (Rabbinic-Talmud) law. The latter one has basically a theoretical nature, as it has never been put in practice. The general expression used for the legal system of the Jewish religion is the religious law, háláchá (the meaning of the world is „beaten track, the road you have to follow"), which mainly concerns the written and oral Biblical laws and orders in Talmud, but it also contains rules for jurisdiction and formation of law, included in the religious court decisions, which were composed in responsums and commentaries by great Rabbinic scientists in the course of time. According to Biblical law, a wrongful act counted as a sin against God, and jurisdiction appeared as a manifestation of respect toward Jahve. The court served justice based on God's laws and in the name of the Eternal. Jewish law, which can be classified as a member of the „religious and traditional" familes of law, is characterized by the fact that it is not valid for a given region, but it depends on the person who applies it. As an effective law, it does nont exist neither in a Biblical (Mozes), nor in a Rabbinic meaning (except for Isael in part), therefore only the religious Jews accept the decisions of the rabbi court (bah din), the rules of hálákhá, and the leading cases of the Rabbinic responsums as an obligatory „living law". Jews living in the diaspora (or even in Israel) turn to Rabbinic courts in some of their cases (marriage, divorce, child support, and similar family law cases), and their decisions are executed inspite of the fact that the no state sanction supports them. They are mainly motivated by the belief in God, the origin of laws from God, and the sacrical style of the courts.
Item Type: | Article |
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Other title: | Introduction to the Jewish legal system |
Journal or Publication Title: | Acta Universitatis Szegediensis : acta juridica et politica |
Date: | 2008 |
Volume: | 71 |
Number: | 1-17 |
ISSN: | 0324-6523 |
Page Range: | pp. 263-304 |
Language: | Hungarian, English |
Publisher: | Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága |
Place of Publication: | Szeged |
Related URLs: | http://acta.bibl.u-szeged.hu/37948/ |
Uncontrolled Keywords: | Jogrendszer - zsidó, Jogtörténet - zsidó |
Additional Information: | Bibliogr. a lábjegyzetekben ; ill. ; összefoglalás angol nyelven |
Subjects: | 05. Social sciences 05. Social sciences > 05.05. Law |
Date Deposited: | 2016. Oct. 15. 11:12 |
Last Modified: | 2023. Nov. 29. 11:04 |
URI: | http://acta.bibl.u-szeged.hu/id/eprint/7389 |
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