Calabresi's and Maimonides's tort law theories: a comparative analysis and a preliminary sketch of a modern model of differential pluralistic tort liability based on the two theories

B. Shmueli, Y. Sinai

Research output: Contribution to journalArticlepeer-review

Abstract

This Article's main argument is that the roots of contemporary utilitarian analysis can be traced back to Jewish law sources, and that the ancient model can assist us in presenting a preliminary sketch of a modern model of pluralistic tort liability. Is it possible to create a virtual encounter and dialogue between two methods: the method of classic scholars of the economic analysis of tort law, such as Guido Calabresi-one of the founders of (tort) law and economics-and the method of Jewish tort law scholars, such as Talmudic sages and post-Talmudic decisors (Poskim), especially the "Great Eagle," Rabbi Moshe Ben Maimon (Maimonides)?
Original languageEnglish
Pages (from-to)59-133
Number of pages74
JournalYale Journal of Law and the Humanities
Volume26
Issue number1/2
StatePublished - 2014

Bibliographical note

The Honorable Judge Prof. Guido Calabresi's response is published in the same volume: 'We Imagine the Past to Remember the Future'—Between Law, Economics, and Justice in Our Era and according to Maimonides, 26 Yale J. L. & Humanities 135-42 (2014).

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