Between Civil And Religious Law

Overview

.Breitowitz focuses on what many regard as the cutting issue of Jewish law as it grapples with the disintegrative forces of twentieth-century life: the problem of the Agunah or stranded wife. In addition, the Agunah issue raises intriguing questions about the impotence of religious law in a secular society and how the establishment and free exercise clauses intersect to facilitate or hinder the accommodation of religious interests.

All legal avenues available to secure relief are discussed, including the use of ...

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Overview

.Breitowitz focuses on what many regard as the cutting issue of Jewish law as it grapples with the disintegrative forces of twentieth-century life: the problem of the Agunah or stranded wife. In addition, the Agunah issue raises intriguing questions about the impotence of religious law in a secular society and how the establishment and free exercise clauses intersect to facilitate or hinder the accommodation of religious interests.

All legal avenues available to secure relief are discussed, including the use of prenuptial agreements, the application of tort theory, and the rather exotic approach of the New York Get law, as well as the constitutional and common law impediments, to the implementation of these remedies. The text also includes comparative law material to illustrate how other legal systems, particularly the state of Israel, have handled this problem. As the most comprehensive book on the subject, it is invaluable to students of Jewish and family law and to practitioners of family law.

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Meet the Author

IRVING A. BREITOWITZ is Associate Professor of Law at the University of Maryland School of Law, as well as a Rabbi and an attorney.

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Table of Contents

List of Tables and Supplementary Endnotes
Preface
Note on Sources, Terminology, and Abbreviations
Introduction 1
Ch. 1 The Nature of the Problem: Basic Dimensions and Contours 5
Ch. 2 Halachic Responses 41
Ch. 3 The Use of Contract Law I: Express or Implied Promises to Execute a Get or Submit to Rabbinic Jurisdiction 77
Ch. 4 The Use of Contract Law II: Conditional Releases and Support Obligations 107
Ch. 5 Interjurisdictional and Comparative Law Aspects of Civil Enforcement 163
Ch. 6 The New York Get Law: Permissible Accommodation or Unconstitutional Establishment 179
Ch. 7 A Second New York Get Law: DRL [actual symbol not reproducible]236B 209
Ch. 8 Tort Law Theories 239
Ch. 9 Current Developments in Church-State Law and Their Impact on the Agunah Problem 251
Conclusion 277
Appendixes 281
Case Supplement 321
Selected Bibliography 385
Table of References to Bible, Talmud, Codes, and Responsa 399
Table of Cases 405
Table of Statutes and Regulations 413
Index 415
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