The 'Different Voice' in Jewish Law - Some Parallels to a Feminist Jurisprudence

Abstract

The article explore several parallels between features of Jewish law and a type of feminist jurisprudence that has been inspired by the work of Carol Gilligan. For example, Jewish law emphasizes compromise, an avoidance of formal claims, a concern for victims that transcends mere compensation. It recognizes the primacy of duties, not rights, it seeks to avoid formal rules, insists that judges be sensitive to the difficulties of life and that judges must use their intuition as well as their reason. Jewish law discouraged the use of lawyers, preferring that parties work out their own disputes. It favored a controlled market to limit the damage done by competition and imposed a duty to rescue. Jewish law views peace as the ultimate goal.

Keywords: Jewish law, feminist jurisprudence