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Jewish Law and Modern Business Structures: the Corporate Paradigm

71 Pages Posted: 3 Jun 2008  

Steven H. Resnicoff

DePaul University College of Law

Michael J. Broyde

Emory University School of Law

Date Written: 1997

Abstract

Many religious systems purport to govern both the financial and ritual activities of their adherents at the same time that these activities are ruled by secular legal systems. This phenomenon raises fascinating questions regarding the conceptual and practical interrelationships between these overlapping systems. Under Jewish law, for instance, a persons rights or responsibilities may decisively depend on whether a person is deemed the owner of a particular piece of property. In contemporary times, however, Jews often participate in various business organizations that are, at least ostensibly, creations of secular law. As a result, it becomes critical to establish whether, and if so to what extent, such entities affect Jewish law's view of property rights.

This article specifically focuses on the interplay between the secular law's corporate construct and Jewish law. The article first identifies and explores various secular theories regarding the essence of a corporation and the status of corporate shareholders. The article then exhaustively examines the alternative ways in which corporations are perceived by Jewish law authorities and the consequences of each.

Keywords: Jewish, halakha, corporation, Talmud, partnership, rabbinical courts, stockholder, shareholder, stakeholder, religious, dina demalkhuta dina, Shulhan Arukh, hefker beit din

Suggested Citation

Resnicoff, Steven H. and Broyde, Michael J., Jewish Law and Modern Business Structures: the Corporate Paradigm (1997). Wayne Law Review, Vol. 43, No. 4, 1997. Available at SSRN: https://ssrn.com/abstract=1139985

Steven H. Resnicoff (Contact Author)

DePaul University College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States
312-362-8137 (Phone)
312-362-5448 (Fax)

Michael J. Broyde

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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