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6 - Revisiting the Problematic Texts of the Code in Light of the Guide and Contemporary Scholarship

Published online by Cambridge University Press:  10 August 2020

Yuval Sinai
Affiliation:
Orot Israel College
Benjamin Shmueli
Affiliation:
Bar-Ilan University, Israel
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Summary

After raising questions regarding the problematic texts in the Code in Chapter 2, and presenting consequentialist – and not only deontological – objectives of Maimonides’ tort theory as the two main objectives of tort law, as seen in Chapters 3–5, Chapter 6 revisits some of the problematic texts in the Code. In this chapter we revisit some of the problematic texts in the Code and attempted to cast light on them in view of the consequentialist objective of tort law elucidated in the Guide. In this way, we try to resolve some of the difficulties that were raised in Chapter 2. At the same time, we clearly show that the Guide and the Code do not always speak with one voice. Sometimes, a general rationalization offered in the Guide in relation to a particular ruling, such as that relating to the tam ox, cannot be reconciled with the details of the ruling as specified in the Code. Revisiting some problematic texts will serve as leverage for further understanding the Maimonidean theory in the .

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Maimonides and Contemporary Tort Theory
Law, Religion, Economics, and Morality
, pp. 284 - 309
Publisher: Cambridge University Press
Print publication year: 2020

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