Western vs

The Talmud consists of the Mishna, which is a written compendium of the oral Torah, and the Gemara, which is a collection of rabbinical analyses and commentaries on the Mishna. These texts form the basis for the interpretation and application of Jewish law.

The term 'Jewish law' refers to halakha, which encompasses legal arrangements from biblical times to the present. It is based on the foundational texts of the Torah and the Talmud, and regulates all aspects of daily life, including ritual, property, family, commercial and penal law.

The Diaspora led to the creation of a legal system (halakha) detached from a specific territory, allowing for the regulation of Jewish life across different geographic areas and historical eras.

The 'resonsa literature' consists of opinions of the rabbis and plays a significant role in the interpretation and application of Jewish law, providing valuable insights and guidance in various legal matters.

The Corpus iuris Civilis (CIC) is composed of the Codex, Digests, and Institutiones. It had a significant impact on European legal culture.

Glossators were the first jurists of the Middle Ages who wrote explanations to the CIC, while commentators were their successors.

The reception of Roman Law varied across Europe, with strong reception in the Holy Roman Empire and Spain, partial reception in France, and weak reception in Scandinavia and England.

Strong government with a strong royal justice led to weak reception of Roman Law in England, where customary law dominated.

The Siete partidas, a 13th-century law book in Spain, merged customary law and Roman law, leading to a strong reception of Roman law in the country.

Constitutionalism is a pan-European phenomenon from 1789 onwards, marking the transition from enlightened absolutism to limited monarchy and the participation of the bourgeoisie in state affairs.

The American and French revolutions were based on enlightened natural law thinking and marked the start of the age of modern constitutions.

Constitutionalism emphasized people’s sovereignty, limited government, fundamental rights for all citizens, separation of powers, and the rule of law.

The Jerusalem Talmud was compiled around 400 CE by Palestinian Amoraic academies, while the Babylonian Talmud was produced about a century later by Babylonian Amoraic academies, showing more redaction in the latter.

Talmudic law is based on the divine revelation of the Torah to Moses, at Mount Sinai, and the accompanying oral revelation later committed to writing, recording divine precepts for the Jewish people.

Rabbinic interpretation of the law applies 'the 13 exegetical principles,' determining the meaning of the written law and enabling new rules to be extrapolated from it.

Talmudic law distinguishes between precepts pertaining to interpersonal relations and those pertaining to the relationship between individuals and the Almighty.

The Babylonian Talmud is the latest text universally accepted as binding by halakhic authorities, and every legal discussion starts with its position on the question at hand.

Most of the halakhic literature is essentially elaboration of and commentary on the Talmud, with notable examples being the codes of Maimonides, the Mishne Torah, the Arbaa Turim, and the Shulhan Arukh.

Describing Jewish law must distinguish between law intended for implementation and theoretical law, with the responsa literature being a reliable source for ascertaining the law intended for implementation.

The Babylonian Talmud's jurisprudential approach allows judges to deviate from the law and base their rulings on extra-legal considerations, unlike the model of western law.

There is a salient difference between the approach of Jewish law and that of western law with respect to the judicial process, as the halakhic outlook is not governed by the dictum 'governed by rules, not by men.'

Halakha played a vital role in holding Jewish communities together, with its study being a paramount religious duty.

Jewish law has evolved through different periods and geographic centers, with no single institutional structure.

The Mishna, compiled by the Tannaites, covers all aspects of Jewish law and became a focus of interpretative analysis by later sages, the Amoraites.

Jewish law has legislative and judicial institutions, with local validity for legislation (takanot) and a highly developed judiciary.

The formative era of Jewish law is the talmudic period, during which the foundational texts of Jewish law were composed, including the Mishna and the Talmud.

No rigid schools of thought were created in the Jewish world, and the works and rulings of every halakhic authority are considered relevant to the halakhic dialogue.

The role of halakha in post-biblical Jewish civilization is significant, being the primary focus of Jewish intellectual endeavor.

Jewish law applies to Jews everywhere, not just in the land of Israel, and also encompasses the seven Noahide laws for humanity.

The autonomy of Jewish communities varied, influencing the diversity of different Jewish communities.

The Western approach involves claiming due based on well-defined legal norms and rules, while the rabbinical court approach involves seeking the court's aid with the judge having the ability to deviate from the rule.

Jewish law lacks equity courts, courts of appeal, and the doctrine of binding precedent, as the freedom accorded to judges makes these unnecessary.

Judges in the Jewish legal system are not bound by legal rules and are seen as partners in administering the law, guided by a religious calling and divine accountability.

The halakhic judicial system requires a community that accepts the judge as a spiritual leader, not just a legal expert.

The concept of the judge in a halakhic proceeding is distinct as it is informed by the halakhic discourse.

Non-religious and national-religious thinkers initially proposed the idea, but it failed to gain acceptance.

Today, Jewish law in Israel is recognized in family law and a few laws pertaining to religious observance, with state-run rabbinical courts adjudicating family law.

The influence of Jewish law on Israeli law is minimal, but rabbinical courts unconnected to the state thrive in Israel.

Jewish law is a focus of scholarly interest at Israeli universities and colleges, as well as in Israel’s numerous yeshivot.

Roman Law served as a common basis for continental European legal cultures and covered a vast territory from Spain to Palestine and from North Africa to England.

The division of the Roman Empire did not affect the legal unity of Roman Law, as its legal doctrines of jurists became legally binding.