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Image of the Non-Jew in JudaismA Historical and Constructive Study of the Noahide Laws$
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David Novak

Print publication date: 2011

Print ISBN-13: 9781906764074

Published to Liverpool Scholarship Online: February 2021

DOI: 10.3828/liverpool/9781906764074.001.0001

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PRINTED FROM LIVERPOOL SCHOLARSHIP ONLINE (www.liverpool.universitypressscholarship.com). (c) Copyright Liverpool University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in LSO for personal use.date: 20 September 2021

The Law of Adjudication

The Law of Adjudication

(p.36) Chapter Two The Law of Adjudication
Image of the Non-Jew in Judaism

David Novak

Liverpool University Press

This chapter discusses the law of adjudication. The rabbinic tradition presents two divergent positions on the nature of the law of adjudication. The first position, articulated most fully by Maimonides, was that this law was to be imposed upon gentiles by Jews; that is, ideally, Jewish judges would arbitrate Noahide laws for gentiles. The second position, advocated by Nahmanides, holds that non-Jews establish and maintain their own courts separate from Jewish courts, and judge based on the general principles of Noahide law. The chapter then looks at how the rabbis consistently moved Jewish law in the direction of Jewish and non-Jewish equality in matters of civil jurisprudence. The law of adjudication was also used by the rabbis to justify non-Jewish political authority over Jews. Finally, the chapter explores the principle of dina d'malkhuta dina (the law of the land is the law).

Keywords:   law of adjudication, rabbinic tradition, gentiles, Jews, Noahide law, non-Jews, Jewish law, civil jurisprudence, non-Jewish political authority, law of the land

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