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Between Civil and Religious Law: The Plight of the Agunah in American Society: Contributions in Legal Studies

Autor Irving A. Breitowitz
en Limba Engleză Hardback – 19 iul 1993 – vârsta până la 17 ani
.Breitowitz focuses on what many regard as the cutting issue of Jewish law as it grapples with the disintegrative forces of twentieth-century life: the problem of the Agunah or stranded wife. In addition, the Agunah issue raises intriguing questions about the impotence of religious law in a secular society and how the establishment and free exercise clauses intersect to facilitate or hinder the accommodation of religious interests.All legal avenues available to secure relief are discussed, including the use of prenuptial agreements, the application of tort theory, and the rather exotic approach of the New York Get law, as well as the constitutional and common law impediments, to the implementation of these remedies. The text also includes comparative law material to illustrate how other legal systems, particularly the state of Israel, have handled this problem. As the most comprehensive book on the subject, it is invaluable to students of Jewish and family law and to practitioners of family law.
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Specificații

ISBN-13: 9780313284717
ISBN-10: 0313284717
Pagini: 448
Dimensiuni: 156 x 235 x 25 mm
Greutate: 0.8 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Praeger
Seria Contributions in Legal Studies

Locul publicării:New York, United States

Notă biografică

IRVING A. BREITOWITZ is Associate Professor of Law at the University of Maryland School of Law, as well as a Rabbi and an attorney.

Cuprins

PrefaceThe Nature of the Problem: Basic Dimensions and ContoursHalachic ResponsesThe Use of Contract Law (I): Express or Implied Promises to Execute a Get or Submit to Rabbinic JurisdictionThe Use of Contract Law (II): Conditional Releases and Support ObligationsInterjurisdictional and Comparative Law Aspects of Civil EnforcementThe New York Get Law: Permissible Accommodation or Unconstitutional EstablishmentTort Law TheoriesCurrent Developments in Church-State Law and Their Impact on the Agunah ProblemConclusionAppendicesCase SupplementSelected BibliographyTable of CasesTable of Statutes and RegulationsIndex