Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-tf8b9 Total loading time: 0 Render date: 2024-11-23T02:23:40.068Z Has data issue: false hasContentIssue false

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
Get access

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 .

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

Available formats
×

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.

Available formats
×