Affirmative Defenses in Civil Cases - Between Common Law and Jewish Law
68 Pages Posted: 22 Nov 2009
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: Suggested Citation