Chapter

Incontrovertible Benefit in Jewish Law

Ernest J. Weinrib

in Corrective Justice

Published in print September 2012 | ISBN: 9780199660643
Published online January 2013 | e-ISBN: 9780191748288 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199660643.003.0008

Series: Oxford Legal Philosophy

Incontrovertible Benefit in Jewish Law

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This chapter traces the intellectual history of Jewish Law's response to the problem of unrequested benefits. Operating from the standpoint of comparative law, it reconstructs the long history of the interpretation of the Talmudic episode of the person who planted trees in another's field. Although the common law and Jewish Law are mutually independent and reach different conclusions, they nonetheless share a conceptual structure that is consonant with corrective justice. This structure includes consideration both of the plaintiff's lack of donative intent and the incontrovertibility of the defendant's benefit, though the two systems differ in their specific accounts of these features. The chapter illustrates the role that corrective justice can play as the framework for the comparison of legal doctrine across legal systems.

Keywords: Jewish law; Talmud; unrequested benefits; donative intent; incontrovertible benefit; comparative law

Chapter.  14253 words. 

Subjects: Jurisprudence and Philosophy of Law

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