Between Civil and Religious Law

The Plight of the Agunah in American Society

Irving A. Breitowitz (Autor)

Buch | Hardcover

448 Seiten

1993
Praeger Publishers Inc (Verlag)
978-0-313-28471-7 (ISBN)

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.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.

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

Preface The Nature of the Problem: Basic Dimensions and Contours Halachic Responses The Use of Contract Law (I): Express or Implied Promises to Execute a Get or Submit to Rabbinic Jurisdiction The Use of Contract Law (II): Conditional Releases and Support Obligations Interjurisdictional and Comparative Law Aspects of Civil Enforcement The New York Get Law: Permissible Accommodation or Unconstitutional Establishment Tort Law Theories Current Developments in Church-State Law and Their Impact on the Agunah Problem Conclusion Appendices Case Supplement Selected Bibliography Table of Cases Table of Statutes and Regulations Index

Erscheint lt. Verlag	20.7.1993
Sprache	englisch
Themenwelt	Geisteswissenschaften ► Religion / Theologie ► Judentum
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Familienrecht
ISBN-10	0-313-28471-7 / 0313284717
ISBN-13	978-0-313-28471-7 / 9780313284717
Zustand	Neuware