Monday, September 15, 2008

Precedent and Autonomy - some more sources

In my initial post, I briefly mentioned Prof. Ta- Sehma's article on Halacha K' Basrai. The exact bibliographical information is :

Ta-Shma, I., "The Law is in Accord with the later Authority — Hilkhata Kebatrai: Historical Observations on a Legal Rule", in Authority, Process and Method. Studies in Jewish Law, ed. H. Ben-Menahem and N.S. Hecht (Amsterdam: Harwood Academic Publishers, 1998), 101-128 (translated from Shenaton Ha-Mishpat Ha-Ivri 6-7 (1979-80), 405-423).

I have not as of yet been able to get a copy of this article (see the comments to the previous post for a short description). I saw the following description of it here (pgs. 35-36)

2 comments:

Anonymous said...

Prof. Shai Wosner of Tel Aviv U. wrote a critque of Ta- Shma in one on the שנתון למשפט עברי

Larry Rabinovich said...

And I have pointed out a problem with part of Shai's argument in a piece I wrote for the Jewish Law Association Studies. The issues that you have raised are interesting and complex. Rabbi Rakeffet,for one,distinguishes between the Litvish school ( Rav Moshe was a distinguished example) which insisted that not all teshuvot ( or better not all writers of teshuvot) are equal, and other approaches ( Rav Ovadiah, the Hungarian school) which are more likely to count up teshuvot or books of psak and decide based on majority. Prof Ta-Shma's article, some criticism notwithstanding, remains terrificly important on the changing meaning of autonomy. If you send me your e-mail address I will ( when I get a chance) scan the article and send it to you


ljrab@sfl-legal.com

 
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