Article

Public and Private International Law from the Perspective of Jewish Law

Michael J. Broyde

in The Oxford Handbook of Judaism and Economics

Published in print December 2010 | ISBN: 9780195398625
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780195398625.013.0019

Series: Oxford Handbooks

 Public and Private International Law from the Perspective of Jewish Law

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This article focuses on public and private international law from the perspective of Jewish law. When one speaks about international law from the perspective of the Jewish tradition, it is not enough to consider the community now forming and the international treaties that are now developing; it is necessary instead to ponder the procedural and substantive safeguards that need to be put in place to protect the rights of people to be different and unique. International law has the potential to eliminate regional diversity and culture. It could compel adherence to communal norms that have never fit particular regions, religions, or geographical units. This article explores two basic Jewish law questions that reflect on the technical issues related to the applicability of international law proposals within Halakhah. The first question asks how Jewish law views public international law and the second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law, and if this classical paradigm of integration assists in formulating a Jewish law view of world law.

Keywords: public international law; private international law; Jewish law; halakhah

Article.  13460 words. 

Subjects: Economics ; Industry Studies

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