Case law serves as a convenient lovers Jewish Law deploy arguments ahkah about the proper position

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Case law serves as a convenient lovers Jewish Law deploy arguments ahkah about the proper position of Jewish law in Israel ahkah and Israeli society. Many voices from different disciplines oriented field - Rabbis, academicians, lawyers and even judges - complain day and night about Jewish ahkah law mammal strength of a tradition of many years of discussions and rulings, and that has proved to be effective over time was rejected ahkah in Israel renewed from modern law relative youth and based on the laws of the world of Alien. ahkah While studies continue ahkah to be held in center placement Jewish Law was established, and the Ministry of Justice consultation committee exists, and yet everybody feels the way is far to the combination of Jewish law, the Israeli legal system. Ultimately, many years after Justice Menachem Elon erupted with the book of Jewish law legal world, it is hard to say that Jewish law plays a key role.
The fact that for many years and are heard complaints or accusations of guilt and reply from the direction of those of the synagogue or on the court do not have to go out and advocate the position of the accuser ahkah and try to understand why. Why Jewish law is so good and so true, many judges and legislators, smart people all accounts, did not adopt it with both hands. Unfortunately, as much as to touch the field, I was reading more complaints and excuses than explanations for this search. More preaching, soul-less.
Complaints page often by way of comparative law. Engaged in loving, fun, comparing Jewish law Civil law generally biased in favor of a tendency to Jewish law. The trend is to show why civil law is missing or broken and why Jewish law is more complete and perfect. This position stems from the religious baggage clearly characterizes the practice ahkah of Jewish law. Although most of the Jewish law, from the laws, the Talmud, is human action, ahkah its practitioners consider it as a seal of approval - Heath and so emphatically that he is better than all the civil court did not accept the ratification of it. And so is the dialogue between supporters of Jewish law as representing ahkah civil discourse found between religious and secular, when it first feels as compared colleague cart full of empty baggage.
And therein lies the problem. Just as the dialogue between religious and secular Jews often routed in advance, when it comes to religious to begin with the concept that "truth for me and I need to illuminate the way of the vagus secular," the court discourse is conducted. Supporters of Jewish law come from a position of "my truth, my glorious sentence, and he can regain my colleagues ahkah answer to me." It goes without saying that this position puts the conversation in advance and does not allow for cross-fertilization and cooperation, let alone soul. Beyond that, just as religious discourse, even here denies a Jewish law works in practice an entire country and developing modern properly conducted and appropriate on the basis of civil law without recourse to Jewish law. Ignoring this not only seems to be trying to deny the reality, but also reduces ridiculously claims regarding emptiness of the cart opposite.
As we know, one of the profound differences between Jewish law, civil law is the difference between a discourse of rights discourse obligations. Despite the fact that sometimes, in practice, the two legal systems lead to the same conclusion, then their different starting points. Civil and liberal assumes that human existence is the highest value and therefore must be protected as much as possible. Human existence translates into different rights are based generally on the concept of freedom ahkah - freedom of movement, freedom of occupation, etc. - and the courts ahkah worry that these rights are not harmed. Of course sometimes a person ahkah can be charged any action but only under the protection of the rights of another person. Jewish law, however, does not puts human existence as it is the sole value which should be protected. Under religious faith believes his background standing Jewish law that one has the task to realize the image of - the sea where it lay so different charges that would lead him to realize her up. In any case, the focus is not infringed the rights of others, but one's ahkah moral stature in itself. ahkah Even being on an island, a free and rights holders around, there are bound to exactly the same charges.
You could say, with the group Humtin course, that modern law is not interested at all in debt, is only interested in the rights and obligation of the debtor's payment is only a possibility Brief Score imposing payment by the creditor. ahkah The modern lexicon you can not delete the term 'eligible' but can you exist - even if it would not be the most comfortable ahkah - without the word must; You would only need replaced long verse "can be forced by the courts and execution offices, for the right of a creditor." And the obligationes ahkah naturales, "natural duties" how archaic relics are still preserved in modern legal systems ... also for which the word "duty" is nothing but a fiction, and means confined to it; fills duty payer is not entitled to demand his money back. Return reflection - Nigatibi in this case - the right to claim it, and it alone, is the primary measures for civic duty.
This is not the case, as we have seen in Jewish law. Certainly not the case know Amora To hold the payment of a debtor commands. Interference with the debtor is a basic rule for all civil charges method. If none is nothing but a commandment, namely: moral religious duty incumbent upon the debtor, based on this concept is the main duty and right - treat or less (that way the Talmud, page 73-72).
Not missing Nfkotot This difference arising between the systems. One is the ratio of consequence beyond the letter of the law charges such as the duty to "go through the Heaven" or act "ex gratia" and & quo