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Comparing Jewish and American Legal Philosophies

Comparing Jewish and American Legal Philosophies. Shauli Bar-On University of Southern California (USC), Los Angeles, CA. Presentation Structure. Defining “Law” Comparing Torah with some Contemporary American Laws Big-picture differences and their implications. What is “The Law?”.

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Comparing Jewish and American Legal Philosophies

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  1. Comparing Jewish and American Legal Philosophies Shauli Bar-On University of Southern California (USC), Los Angeles, CA

  2. Presentation Structure • Defining “Law” • Comparing Torah with some Contemporary American Laws • Big-picture differences and their implications

  3. What is “The Law?”

  4. Some "Expert Insight” • “The law is reason, free from passion” -- Aristotle • “Every law is an infraction of liberty.” -- Jeremy Bentham • “That which is not just is not law.” -- William Lloyd Garrison

  5. Is The Torah A Book of Laws? • Receiving the Torah  • Written and Oral • The Word “Torah”

  6. Discovery vs. Invention • A discovery is different from an invention. • A discovery will be found at some rent point. Maybe through luck. • An invention requires brilliance.

  7. Presentation Structure • Defining “Law” • Comparing Torah with some Contemporary American Laws • Big-picture differences and their implications

  8. Legal Structure • “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Yisro constructed the modern judicial system with district courts, courts of appeals, and the Supreme Court.    • Yisro suggests that Moses appoint judges as “officers of thousands, officers of hundreds, officers of fifties and officers of tens” to “judge the people at all times. Every major problem they will bring to you and every minor problem they shall judge by themselves.”

  9. Lashon HaRa vs. Defamation • Halbanat Panim

  10. False Witnesses

  11. Presentation Structure • Defining “Law” • Comparing Torah with some Contemporary American Laws • Big-picture differences and their implications

  12. Justice, justice you shall pursue • Justice in means and ends

  13. Root of Judaism • Convincing a Jew • Asking questions • Start with specific and go broad

  14. Rights vs. Responsibilities • “Unalienable rights” • זכויות • The right to live vs. thou shalt not kill • Tzedakah

  15. Conclusion RESPONSIBILITIES

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