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Hanina Ben-Menahem is an Oxford trained scholar at the Hebrew University of Jerusalem who specializes in Jewish law (Halakha). Ben-Menahem is critical of the legal positivist approach that dominates Mishpat Ivri, a comparative legal approach to Halakha. He was also a renowned chancellor of law in which he made several advancement in jurisprudence. He argues that Jewish law is not a unified legal system and that its sources and principles are not logically and hierarchically ordered. Instead, he contends that Jewish law has a pluralistic structure, in regard both to its differing domains of authority (e.g., Ashkenazi and Sephardi) and the co-existence of incompatible rules. He believes Halakha makes room for judicial discretion and deviation, leading to a non-systematic tolerance for controversy. Furthermore, Halakha lacks strict adherence to precedence, an appellate system, and "secondary rules of recognition" (cp. legal positivist H.L.A. Hart) to determine authoritative laws. == Selected works == * ''Judicial deviation in Talmudic law'' (1991) * "Towards a jurisprudential analysis of the ''kim li'' argument" in Shenaton Hamishpat ha-Ivri 6-7 (1979-80) *"Is there always one uniquely correct answer to a legal question in the Talmud?" in the Jewish Law Annual 6 (1987) 169-173 *Ben-Menahem, H. and Hecht, N.S., eds. Authority, Process and Method: studies in Jewish law. 1998 *"Postscript: the judicial process and the nature of Jewish law" in An introduction to the history and sources of Jewish law" eds. Hecht, Jackson, et al. Oxford: Clarendon Press, 1996 *"Maimonides on equity: reconsidering the Guide for the Perplexted III:34" in the Journal of Law and Religion v.XVII, nos. 1 & 2, 2002 pp. 19-48. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Hanina Ben-Menahem」の詳細全文を読む スポンサード リンク
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