Judaic Law Research Guide
Introduction
Treatises
Periodicals and Current Awareness Services
Research Paper Guidelines
Interdisciplinary Research
LexisNexis/Westlaw "Saved Searches"
Web Resources
Introduction
Researching Judaic Law can help one to better analyze and critique the foundation and development of current law as well as current cultural, social, economic, and political issues in the United States. A Judeo-Christian element has been prevalent throughout the history of the US, gaining particular prominence during the 1950s American religious pluralism that expanded beyond Protestantism to include Judaism. In addition, many Jews participated in the 1960s American Civil Rights movement, and significant numbers of conservative Jews joined conservative Protestants and Catholics during the 1970s American "Religious Right" movement. Researching Judaic Law can specifically help one understand a wide assortment of constitutional law, contract law, property law, commercial law, family law, criminal law, court procedure, religious ethics, medical and scientific ethics, as well as international law issues.
Please contact a research services law librarian for help with locating or using any of the resources discussed in this guide.
Treatises
For treatises and other materials on Judaic Law, search the Scholar and OhioLINK catalogs with keywords or the subject heading Jewish Law. See also the 35+ Jewish Law Related Subject Headings.
Classic and foundation "Judaic Law" treatises in the Cleveland-Marshall College of Law Library collection include:
American Reform Responsa: Collected Responsa of the Central Conference of American Rabbis, 1889-1983 / Walter Jacob, ed. Central Conference of American Rabbis, c1983. BM197 .C46 1983
Responsa are decisions of the poskim, "deciders" of Jewish law.
"And You Shall Live by Them": Contemporary Jewish Approaches to Medical Ethics / Louis Flancbaum. Mirkov Publications, c2001. BM538 .H43 F55 2001
Authority, Process and Method: Studies in Jewish Law / Hanina Ben-Menahem and Neil S. Hecht, eds. Harwood Academic Publishers, c1998. BM520.2 .A98 1998
Between Civil and Religious Law: the Plight of the Agunah in American Society / Irving A. Breitowitz. Greenwood Press, c1993. KF536 .B74 1993
The Agunah is the "stranded wife." The Agunah issue "raises intriguing questions about the impotence of religious law in a secular society," as well as "how the establishment and free exercise clauses intersect to faciltate or hinder the accommodation of religious interests."
Code of Jewish Law (Kitzur Shulhan Aruh): a Compilation of Jewish Laws and Customs / Solomon ben Joseph Ganzfried; Hyman E. Goldin, translator. Hebrew Pub. Co., c163. BM560 .G322 1963
The Code of Maimonides / Moses Maimonides. Yale University Press, 1949. BM520.84 .A213 1949
Maimonides was a renowned medieval Jewish philosopher.
Collected Works of David Daube / Calum M. Carmichael, ed. Robbins Collection, c1992- . KJA174 .D38
David Daube was a prominent 20th-century scholar of ancient law.
The Comprehensive Guide to Medical Halacha / Abraham S. Abraham; Abraham S. Abraham and Naomi S. Cohen, translators. Feldheim Publishers, c1990. BM538 .M4 A27 1990
Halacha is all of Jewish law.
Contemporary Halakhic Problems / J. David Bleich. Ktav, c1977. BM520.3 .B5
Encyclopaedia Judaica. Encyclopaedia Judaica, c1972-1982. DS102.8 .E53
Encyclopedia of Jewish Medical Ethics: a Compilation of Jewish Medical Law on All Topics of Medical Interest / Avraham Steinberg; Fred Rosner, translator. Feldheim Publishers, c2003. BM538 .H43 S7413 2003
Equity in Jewish Law: Beyond Equity: Halakhic Aspirationism in Jewish Civil Law / Aaron Kirschenbaum. KTAV Pub. House; Yeshiva University Press, c1991. BM520.6 .K57 1991
Equity in Jewish Law: Halakhic Perspectives in Law: Formalism and Flexibility in Jewish Civil Law / Aaron Kirschenbaum. Ktav Pub. House; Yeshiva University Press, c1991 BM520.6 .K575 1991
Jewish Law: History, Sources, Principles / Menachem Elon; Bernard Auerbach and Melvin J. Sykes, translators. Jewish Publication Society, c1994. BM520.5 .E4313 1994
English translation of the acclaimed work by a former deputy president of Israel's Supreme Court.
A Living Tree: the Roots and Growth of Jewish Law / Elliot N. Dorff and Arthur Rosett. State University of New York Press, c1988. KBM524.42 .D67 1988
Marital Relations, Birth Control, and Abortion in Jewish Law / David M. Feldman. Schocken Books, c1974, c1968. HQ766.3 .F4 1974
A Restatement of Rabbinic Civil Law / Emanuel Quint. J. Aronson, c1990-2004. KBM523.72 .O8
The Soncino Talmud. Institute for Computers in Jewish Life, Davka Corp., Judaica Press, c2001. Electronic Reserve
CD-ROM of original text of the Soncino Press English translation of the Babylonian Talmud. Also includes English translation of Mishnah, Hebrew and Aramaic text of the Talmud, Hebrew text of the Mishnah, and Hebrew text of Rashi's commentary on the Talmud.
The Spirit of Jewish Law: a Brief Account of Biblical and Rabbinical Jurisprudence / George Horowitz; foreword by David de Sola Pool. Central Book Co., 1953. KMK449.3 .H67
Women and Jewish Law: the Essential Texts, Their History, and Their Relevance for Today / Rachel Biale; new foreword by Rachel Biale. Schocken Books; distributed by Pantheon Books, c1995. BM729 .W6 B52 1995
Treatises in the Cleveland-Marshall College of Law Library collection concerning "Judaic Law" include:
Analysis and Argumentation in Rabbinic Judaism / Jacob Neusner. University Press of America, c2003. BM496.5 .N4775 2003
"Examines whether the Rabbinic Halakhic and Aggadic documents conform to a unique single, determinate program of anlysis and argumentation that can be seen to promote a coherent Judaic religious system."
Contrasts in American and Jewish Law / Daniel Pollack, ed. Michael Scharf Publication Trust of Yeshiva University Press; distributed by Ktav Pub. House, c2001. KF380 .C66 2001
Development and Discontinuity in Jewish Law / Ruth N. Sandberg. University Press of America, c2001. BM521 .S26 2001
Essays on Biblical Law / Anthony Phillips. Sheffield Academic Press, c2002. BS1140.3 .P48 2002
Expanding the Palace Torah: Orthodoxy and Feminism / Tamar Ross. Brandeis University Press, University Press of New England, c2004. BM729 .W6 R67 2004
Proposes "cumulativism" approach to divine revelation, "based on a conflating of strict boundaries between text and its interpretation, or divine intent and the evolution of human understanding." Emphasizes "continuity with tradition can be maintained only when the halakhic system is understood as a living and dynamic organism that grows via affirmation of its historical legacy and respect for its constraints."
Thus, "the feminist revolution in Orthodox Judaism reaches beyond its practical effect upon individual lives to teach us something more profound about the nature of religious practice in general."
The Halakhah: an Encyclopaedia of the Law of Judaism / Jacob Neusner. Brill, c2000. BM520.4 .N48 2000
The Halakhah and the Aggadah: Theological Perspectives / Jacob Neusner. University Press of America, c2001. BM520.6 .N48 2001
Argues "rabbinic Judaism defines the practical norms in belief and behavior of the community that undertakes responsibility for that labor. ... [F]or doctrine, the aggadah explores the dialectic of that generative conviction and the logic inherent in it; and for deed, the Halakhah focuses on the consequent relationships within the contemplated social order that are generated by that same dialectic."
The Law in the Scriptures: with Explanations of the Law Terms and Legal References in Both the Old and the New Testaments / Edward J. White. Lawbook Exchange, c2000. BS680 .L33 W45 2000
A Tree of Life: Diversity, Flexibility, and Creativity in Jewish Law / Louis Jacobs. Littman Library of Jewish Civilization, c2000. BM520.6 .J33 2000
Argues "social, economic, political, and theological factors have always shpaed halakhah (Jewish law)."
Periodicals and Current Awareness Services
See the Finding Articles in Law Reviews, Journals and Other Legal Periodicals guide for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community. That guide covers print and electronic indexes, as well as electronic full-text journals. In particular, note OhioLINK's Electronic Journal Center and its 11 subject clusters, such as "Social Sciences," which includes Politics, Political Science, and Law journals, and "Arts and Humanities," which includes Humanities and History journals.
Selected periodical publications and current awareness services in the Cleveland-Marshall College of Law Library collection concerning "Judaic Law" include:
The Jewish Law Annual. Harwood Academic Publishers. KBM80 .A1 J4
Jewish Law Association Studies. Scholars Press. K10 .E76
The Review of Rabbinic Judaism: Ancient, Medieval and Modern. Brill. [Continuation of The Annual of Rabbinic Judaism. Brill, c1998-2000. BM1 .A6] BM1 .A6 and Electronic
Research Paper Guidelines
Most scholarly articles focus on research, or survey the literature, in a particular topic. In a research article, one emphasizes primary sources and often argues for action or change. A literature survey emphasizes secondary sources, reporting on the state of existing knowledge or practice.
When selecting a topic for a research article, browsing current issues and hot topics is a good place to start. Judaic Law, or Halakha, is continuously evolving, and legal historians continuously analyze the past as well as critique historiography. Beyond providing traditional legal resources for conducting research on a topic, both LexisNexis and Westlaw have news and other materials that may help you identify a paper topic. In LexisNexis, review the "Israel" and "Middle East & Africa" source files arranged under "News & Business - News - By Country & Region" section. In Westlaw, review the individual databases arranged under "Business and News," as well as the "Individual Country Materials - Israel" and Regional Materials - Business and News" databases under the "International/Worldwide Materials - Middle East and North Africa" section.
See the Scholarly Writing resource guide, and other sections of this Judaic Law guide, for more information on researching and writing your paper.
Interdisciplinary Research
No matter what topic you select for your "Judaic Law" research paper, to fully understand and appreciate the myriad issues involved in it, you will likely need to conduct interdisciplinary research in historical, cultural, social, economic, and/or political areas.
The OhioLINK state-wide library consortia provides access to over 100 Research Databases arranged in 40 topical groups. For example, the "History" group includes Historical Abstracts and Social Sciences Citation Index. The "Religion" group includes ATLA (American Theological Library Association) Religion Database, Religion and Philosophy Collection, and Arts and Humanities Citation Index. Both of these topical groups include Dissertation Abstracts, PapersFirst; and ProceedingsFirst. In addition, all of the OhioLINK topical Research Databases groups include WorldCat, an international library consortia catalog of over 43 million records of materials dating from 1000 BC to the present.
LexisNexis/Westlaw "Saved Searches"
When writing a paper or article, you may need to continuously search primary and secondary sources for information on pending court cases, legislation, and regulations, as well as a myriad of social and political events. LexisNexis and Westlaw allow you to save a search then have it automatically run for you on a periodic basis, saving you a lot of time and effort. These "saved searches" are called LexisNexis Alert searches and Westlaw WestClip searches. Search results can be delivered to you as a regular printout or emailed. For information on how to set up LexisNexis Alert and Westlaw WestClip searches, connect to the LexisNexis/Westlaw Saved Searches guide.
Web Resources
Key Law-Related and Legal Research Web sites concerning "Judaic Law" include:
Academic Jewish Studies Internet Directory
Includes academic associations, libraries, archives, Jewish studies programs, and research institutes.
Aish HaTorah
Note in particular its "Torah Portion" and "Ask the Rabbi" links.
American Association of Jewish Lawyers and Jurists
Includes searchable Publications, as well as newsletter and conferences links.
American-Israeli Cooperative Enterprise: Jewish Virtual Library
"The most comprehensive online Jewish encyclopedia in the world" ... with over "13,000 articles and 6,000 photographs and maps."
Association of American Law Schools: Section on Jewish Law
bepress Legal Repository
A "network of law-related research materials" freely available for download. Note in particular its Tel Aviv University Law School Faculty Papers.
Central Conference of American Rabbis
Includes all Reform responsa and a topical index to them.
International Association of Jewish Lawyers and Jurists
Note in particular its links to Policy Statements, Justice Magazine, and Public Trials.
Internet Sacred Text Archive: Judaism
Includes numerous full-text English translations, as well as links to commercial publications.
The State of Israel: The Judicial Authority: Decisions of the Supreme Court
Searchable database of decisions from 1948 to the present. Full-text decisions in RTF or PDF format.
Jewish Law
Sponsored by the Aleph Institute Center for Halacha and American Law. Includes Halachic articles and forms, legal briefs, a legal directory, general forum and Jewish law student forum.
Jewish Law Students Association
Jewish Legal Heritage Society: Library of Jewish Law
Includes primary sources and numerous research materials.
Jewish National and University Library: Online Heritage: Treasures of the Library: Writings of Maimonides
Jewish Theological Seminary
Note in particular its Library, which has links to Archives, Digital Collections , and Research Guides to Jewish Studies.
Law Library of Congress: Guide to Law Online: Israel
MavenSearch: Jewish Web Directory and Search Engine: Subjects A-Z: Jewish Law
Orthodox Union
Note its "Judaism 101" link under "Learn Torah."
The Rabbinical Assembly
The Assembly "administers the work of the Committee on Jewish Law and Standards for the Conservative movement."
Rabbinical Council of America
Note in particular its news and link to Policies & Positions.
RAMBI: The Index of Articles on Jewish Studies
Selective bibliography of articles, most from journals in the Jewish National and University Library.
Schechter Institute of Jewish Studies: Center for Women in Jewish Law
Note links to its Jewish Law Watch, "which offers halakhic solutions to actual agunot cases," and To Learn and To Teach, which deals "with the halakhic status of women in the synagogue."
Laura and Alvin Siegal College of Judaic Studies
Note that its Aaron Garber Library holdings are included in the Case Western Reserve University EuclidPLUS library catalog and OhioLINK Central Catalog.
Torah.org: Jewish Law
Provides beginner, intermediate, and advanced information and resources.
Touro Law Center: Jewish Law Institute (JLI) and Institute on Human Rights and the Holocaust (IHRH)
The JLI "acts as a center for the study and teaching of Jewish law throughout the United States." See its annual Jewish Law Report.
The IHRH
provides links to UN Human Rights Treaties and numerous Holocaust resources.
University of Manchester: Centre for Jewish Studies: The Jewish Law Association
Includes searchable database of article and book abstracts; content and order information on its Jewish Law Association Studies series; as well as links to Jewish law courses and other resources.
Yeshiva University: Benjamin N. Cardozo School of Law: Center for Jewish Law and Contemporary Civilization
See in particular its links to the Mendel Gottesman Library of Hebraica/Judaica and Dr. Lillian and Dr. Rebecca Chutick Law Library, as well as its links to Jewish Law and Cognate Fields and Law and Religion resources.
Yale Law School Library: Avalon Project at Yale Law School: Document Collections: The Middle East 1916-2001: A Documentary Record
LER 2/06; updated 1/08 links; checked 8/09; updated 1/10