Affirmative Defenses in Civil Cases - Between Common Law and Jewish Law

68 Pages Posted: 22 Nov 2009

See all articles by Yuval Sinai

Yuval Sinai

Netanya Academic College School of Law

Date Written: December 1, 2008


Comparisons among different procedural systems have always provided an unending source of deep analyses in the theoretical literature of modern procedural law. These comparisons have also generated far-reaching changes in many systems of law that have endorsed elements imported in full or in part from other legal systems. As is well-known, there is a central axis of comparison between the adversary system practiced in common law legal systems (England and the United States), among others, and the inquisitory system practiced in the continental-civil legal systems. There is, however, an additional axis of comparison which may be of particular interest, perhaps even more so than the adversaryinquisitory axis: the procedural system of Jewish law. This axis of comparison between inquisitory and adversary procedural systems and the procedural system practiced in Jewish law provides a broad basis for original and exciting legal literature. It presents a confrontation not only between different systems of law, but also between Western culture and Jewish culture. Some scholars are of the opinion that Jewish law provides a basis for the reform and development of Western law. In the United States, Jewish law is used - and often reinterpreted - to provide a requisite counter-model for contemporary U.S. legal theory.

Keywords: Jewish Law

Suggested Citation

Sinai, Yuval, Affirmative Defenses in Civil Cases - Between Common Law and Jewish Law (December 1, 2008). North Carolina Journal of International Law and Commercial Regulation, Vol. 34, 2008, Available at SSRN:

Yuval Sinai (Contact Author)

Netanya Academic College School of Law ( email )


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