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4 Jewish L. Rep. 1 (1991)

handle is hein.journals/jwlrpt4 and id is 1 raw text is: TOURO COLL EGE U iI Chaim Povarsky, Director Institute of Jewish Law Advisory Council (in formation) Dov Frimer Menachem Genack Howard A. Glickstein Aaron Kirschenbaum Sidney Kwestel Daniel Lander Nahum Rakover Ronnie F. Warburg Executive Committee Neil Afran Rhonda Bernstein Robert Goldman Ira Goldstein Steven Hochberg Sidney Kwestel Lois Markowitz Jeffrey Roth Rena Seplowitz Daniel Subotnik Edward M. Taylor Dr. Bernard Lander, President Touro College Howard A. Glickstein, Dean Jacob D. Fuchsberg Law Center Legislative Power is Essential to the Development of Jewish Law Institute of Jewish Law JEWISH LAW REPORT Editor: Dr. Chaim Povarsky June 1991 TABLE OF CONTENTS I. Legislative Power in the Jewish Legal System II. Activities of the Institute III. The Latest Word a. In Academia b. In the Courts Legislative Power in the Jewish Legal System by Dr. Chaim Povarsky (Presented at an international colloquium on Jewish Law held on June 25, 1991 in London) Legislative power is essential to the development of every legal system and Jewish law is no exception. The hoped-for renaissance of Jewish law among the entire Jewish nation is contingent to a great extent on its ability to pass new laws to address modern societal, economic and technological developments. Areas such as corporations, torts, inheritance, evidence, the Aguna issue, the status of women, in which a large gap exists between the Jewish law approach and contemporary reality, require a special effort to bridge the gap by means of legislation enacted according to the principles of Jewish law. The issue has been raised frequently by judges and legal scholars, particularly in Israel where Jewish law is part of its legal system in family matters. Occasionally, the Rabbinic courts in Israel, which apply Jewish law also in areas other than family matters (as arbitrators) discuss issues to which Jewish law does not offer a satisfactory solution or does not offer a solution at all, considering the complexities of modern life. For instance, a corporation is not recognized by Jewish law as a legal entity and legal manipulations are required to provide partial solutions (see e.g., File 3301/65, 6 P.D.R. 315 at 322-324; C. Povarsky, The Lien on Property According to Jewish Law, 12 Dine Israel 155 at 161-169). Until the 18th century (C.E.) legislation in the Jewish legal system was regularly enacted to resolve legal issues. Since the emancipation period in Europe, however, which brought about the abolishment of the Jewish judicial autonomy, legislation has dropped significantly and is now lagging far behind social and economic developments (see e.g., M. Elon, Jewish Law: History, Sources and Principles, 2nd ed. pp. 667, 711-712 (1978)).

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