{"title":"犹太法中的“不同声音”——与女性主义法理学的一些相似之处","authors":"S. Friedell","doi":"10.2139/SSRN.2267115","DOIUrl":null,"url":null,"abstract":"The article explore several parallels between features of Jewish law and a type of feminist jurisprudence that has been inspired by the work of Carol Gilligan. For example, Jewish law emphasizes compromise, an avoidance of formal claims, a concern for victims that transcends mere compensation. It recognizes the primacy of duties, not rights, it seeks to avoid formal rules, insists that judges be sensitive to the difficulties of life and that judges must use their intuition as well as their reason. Jewish law discouraged the use of lawyers, preferring that parties work out their own disputes. It favored a controlled market to limit the damage done by competition and imposed a duty to rescue. Jewish law views peace as the ultimate goal.","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":"32 1","pages":"4"},"PeriodicalIF":1.5000,"publicationDate":"1992-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":"{\"title\":\"The 'Different Voice' in Jewish Law - Some Parallels to a Feminist Jurisprudence\",\"authors\":\"S. Friedell\",\"doi\":\"10.2139/SSRN.2267115\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article explore several parallels between features of Jewish law and a type of feminist jurisprudence that has been inspired by the work of Carol Gilligan. For example, Jewish law emphasizes compromise, an avoidance of formal claims, a concern for victims that transcends mere compensation. It recognizes the primacy of duties, not rights, it seeks to avoid formal rules, insists that judges be sensitive to the difficulties of life and that judges must use their intuition as well as their reason. Jewish law discouraged the use of lawyers, preferring that parties work out their own disputes. It favored a controlled market to limit the damage done by competition and imposed a duty to rescue. Jewish law views peace as the ultimate goal.\",\"PeriodicalId\":46974,\"journal\":{\"name\":\"Indiana Law Journal\",\"volume\":\"32 1\",\"pages\":\"4\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"1992-05-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Indiana Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.2267115\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Indiana Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.2267115","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The 'Different Voice' in Jewish Law - Some Parallels to a Feminist Jurisprudence
The article explore several parallels between features of Jewish law and a type of feminist jurisprudence that has been inspired by the work of Carol Gilligan. For example, Jewish law emphasizes compromise, an avoidance of formal claims, a concern for victims that transcends mere compensation. It recognizes the primacy of duties, not rights, it seeks to avoid formal rules, insists that judges be sensitive to the difficulties of life and that judges must use their intuition as well as their reason. Jewish law discouraged the use of lawyers, preferring that parties work out their own disputes. It favored a controlled market to limit the damage done by competition and imposed a duty to rescue. Jewish law views peace as the ultimate goal.
期刊介绍:
Founded in 1925, the Indiana Law Journal is a general-interest academic legal journal. The Indiana Law Journal is published quarterly by students of the Indiana University Maurer School of Law — Bloomington. The opportunity to become a member of the Journal is available to all students at the end of their first-year. Members are selected in one of two ways. First, students in the top of their class academically are automatically invited to become members. Second, a blind-graded writing competition is held to fill the remaining slots. This competition tests students" Bluebook skills and legal writing ability. Overall, approximately thirty-five offers are extended each year. Candidates who accept their offers make a two-year commitment to the Journal.