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5 - Codification and Legal Creativity

Published online by Cambridge University Press:  21 April 2022

Edward Fram
Affiliation:
Ben-Gurion University of the Negev, Israel
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Summary

In adhering to rules to decide between competing legal opinions and codify the law, Caro and Isserles limited their own legal creativity. Both were free to craft the wording of their positions, however, Caro’s self-declared “majority rule” and Isserles’s dedication to legal principles such as hilketa’ ke-batra’y muffled their own voices. Solomon Luria was also bound by various principles, including precedent, received traditions, and majority rule, but by generally following reason to arbitrate between the views of earlier authorities Luria assumed a much more personal and dynamic role in codifying the law. This becomes clear through a comparison of their methods and conclusions in a number of cases.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Codification and Legal Creativity
  • Edward Fram, Ben-Gurion University of the Negev, Israel
  • Book: The Codification of Jewish Law on the Cusp of Modernity
  • Online publication: 21 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781009053143.007
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  • Codification and Legal Creativity
  • Edward Fram, Ben-Gurion University of the Negev, Israel
  • Book: The Codification of Jewish Law on the Cusp of Modernity
  • Online publication: 21 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781009053143.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Codification and Legal Creativity
  • Edward Fram, Ben-Gurion University of the Negev, Israel
  • Book: The Codification of Jewish Law on the Cusp of Modernity
  • Online publication: 21 April 2022
  • Chapter DOI: https://doi.org/10.1017/9781009053143.007
Available formats
×