Against the backdrop of war and the political crisis in Israel, volume 73 of Iyyun turns a philosophical spotlight on the concept of law, which has become acute in contemporary Israeli discourse. The articles in this volume deal with a variety of systems of laws, which stress the fundamental difference between theoretical and normative laws, and the understanding that the validity of the law and its compulsory nature are heterogenic by nature.

When Franz Kafka died in 1924, his loyal friend Max Brod could not bring himself to fulfill Kafka’s last instruction: to burn his remaining manuscripts. Instead, Brod devoted his life to championing Kafka’s work, rescuing his legacy from both obscurity and physical destruction. Nearly a century later, an international legal battle erupted to determine which country could claim ownership: the Jewish state, where Kafka dreamed of living, or Germany, where Kafka’s three sisters perished in the Holocaust? Benjamin Balint offers a gripping account of the controversial trial in Israeli courts—brimming with dilemmas legal, ethical, and political—that determined the fate of Kafka’s manuscripts.

Israel's recent constitutional political crisis marks the moment when civil duty becomes an existential question: are civilians obliged to obey an administration chosen in a democratic process, even if it means harm to justice, decency or elementary democratic values? The main claim made in this essay is that two types of civil disobedience are to be categorized: disobedience of law or policy, and disobedience of legality.

This volume is the first attempt at broad and deep research from a gender perspective into the halakhic attitude towards abortion. With the argument that halakhah reflects the male outlook and the consequent gender biases taken as its starting point, it examines the influence of gender concepts on contemporary halakhic rulings about abortion, in light of bio-ethical, conservative, liberal, and feminist theories, as well as the ideas of feminist legal theory and the feminist critique of the reigning epistemology. The book analyzes the gender implications of the stringent halakhic rulings of the twentieth century and the way they construct women. It asserts that the halakhic stance that takes the ban on abortion as a Torah-based prohibition constricts the idea of the sanctity of life to biological terms only and thereby highlights the reduction of women to mainly an entity for reproduction. The research raises a number of questions that have never been asked before: How do the decision makers see the female essence in general, and specifically in the context of abortion? Where do the woman’s needs rank on the scale of the decision makers' considerations? Are women perceived as subjects with their own interests and will—or are these deemed irrelevant and appropriated for the benefit of the collective (the family, the Jewish people)? These questions serve as the foundation for the discussion in the present volume. Even though it deals mainly with abortion, I suggest that it be seen as demonstrating the masculine identity of the halakhic discourse in general.

Nietzsche is not ordinarily considered a philosopher of law, and despite the voluminous literature on almost every other aspect of his thought, little has been written about his reflections on the role of law in the social, intellectual, and personal spheres. Yet careful reading of his works reveals a significant body of critical reflection on socio-jurisprudential questions regarding the nature of law, obedience to the law, the criminal mindset, punishment, and more. The book presents for the first time, a comprehensive collection of aphorisms gathered from the entire Nietzschean corpus that explicitly or implicitly addresses the subject of law, arranged thematically, along with contextualization, annotation, and commentary. The book contains six chapters - The Self in the Presence of Law, The Criminal: A Profile, Causation, Action, Free Will, Punishment, Rights and Obligations, Religion and State. It thus provides a panoramic view of Nietzsche’s critical discourse on law and legal culture.

This book's aim is to assist school counselors with ethical and professional dilemmas in various complex situations. It is structured as a series of case studies written in collaboration with professionals and students, presenting versatile solutions based on the seven steps model detailed in this book. This pioneering book is designated for school counselors, school principals, teachers and parents.

This book focuses on space, borders and ethics in contemporary Hebrew prose written in the shadow of the Occupation and the Intifadas and reads a corpus of works written between 1987 and 2007. Israeli literary representations of the Occupation and the two Intifadas raise critical ethical questions about militarism, humanism, the nature of the State of Israel as a democracy, national identity and its borders, the nature of Zionist education, and the acknowledgment of the Other. The book deals with the portrait of the Israeli soldier, depicts the settings of the Occupied Territories, but also describes life in cities such as Tel Aviv and Jerusalem. It examines realistic writing as well as fantastic-grotesque, in the works of A. B. Yehoshua, David Grossman, Ronit Matalon, Asher Kravitz, Michal Govrin, and Orly Castel-Bloom and many others.

The Babylonian Talmud is the Jewish composition of greatest scope, and its influence on Jewish life is decisive. Jewish sages have devoted more time and energy to its study and halakhic interpretation than to any other book, including the Bible, to the extent that "talmud Torah," Torah study, is mainly perceived as the study of the Babylonian Talmud. Its academic study, in contrast, is still in its initial stages. Critical editions, with the text based on the best manuscripts and an exhaustive and thorough critical commentary, have been published of only a few of the thirty-seven tractates of the Babylonian Talmud. Central questions pertaining to the manner of the formulation of the Talmud, its redaction, and its transmission are still unresolved. This is different from the state of research of other Rabbinic works, the study of which has taken significant strides in recent decades. Critical, balanced, and cautious interpretation of talmudic sugyot (discursive units) will likely illustrate the treasures to be revealed by a scholarly reading of the Babylonian Talmud: illuminating new facets of which traditional study is unaware; the consistent presentation of its meticulous literary fashioning, its contentual depth, and the creative force embodied in this corpus. All these find expression even in sugyot that seem tenuous and bothersome to the traditional student. Tiqqun Olam (Repairing the World) seeks to advance the research of the Babylonian Talmud with an annotated edition of the fourth chapter of Tractate Gittin, which contains various regulations that were enacted "for tiqqun olam." This chapter was chosen for the wide variety of its topics and the redactive methods employed, and for the benefit to be gained from their critical analysis. The widespread study of this chapter in high schools and yeshivot also influences its selection, in the hope it will aid both students and scholars in highlighting his difficulties and in exposing the overt and covert trends of the Amoraim and the redactors of the sugyot. The first chapter of this book examines the meanings of the term "tiqqun olam" in the Mishnah and the Tosefta, along with the structure of the tannaitic units containing regulations "for the repairing of the world" in these two tannaitic works. The main body of the book contains a systematic discussion of these mishnayot and sugyot, using philological-historical methodology, alongside the literary analysis, which has not been sufficiently developed in talmudic research to now. The talmudic text is divided into forty-nine sugyot. For each the book offers a new text based on MS. Firkovich 187, a list of parallels, a selection of textual variants and discussion of their originality, and a commentary. The commentary includes a detailed explanation of the sugyot and an analysis of their strata. A unique attempt is made to glean from within the traces of the difficulties within the sugyot and the dissonance they exhibit the aims of the redactors, who frequently formulated new laws, while devoting sophisticated literary effort in order to mask these innovations, and to impart to the sugyah a harmonious composition. In this book, much effort was invested to reveal the plain meaning of the Talmud, employing the tools of scholarly research - which, for various reasons, are not integrated into the widespread study of the Talmud today. The book undertakes to open a window to the academic world and its methodology, to enable Talmud students to come to know the world of Babylonian Talmud scholarship that is both demanding and profound, but also intriguing, while offering new insights.

This book is an updated Hebrew translation of The Modulated Scream: Pain in Late Medieval Culture . Chicago: University of Chicago Press, 2010. The subject of this book is human pain in the later middle ages (13th - 15th centuries) in Western Europe. The author surveys and analyzes the ways people wrote about pain in different situations (like the difference between childbirth and toothache), and the ways people described their own pains. In a world with very few pain-killers and nothing at all to make surgery bearable, people suffered much more pain than we do today. Consequently, since they could not banish pain, they sought meanings for it. Physicians claimed that one should not try to soothe pain, since pain was an indicator of disease and as such, it was useful. Lawyers and judges claimed that the infliction of pain by torture was a tried-and-true method for eliciting true confessions from criminal suspects. Experts in Christian theology debated the nature of Christ’s pain during his Crucifixion, and mystics tried to identify with it, even to feel it. The common people were exhorted by preachers to bear their illnesses with patience, since pain on earth saved them future sufferings in the afterworld. In conclusion, medieval attitudes towards pain were radically different from modern ones: while we try and conquer pain, seeing it as a challenge, people in the past, who were often in constant pain, gave reasons for suffering and adopted pain as part of their lives.

The philosophy of Levinas has developed over nearly sixty years. Its evolution can be subdivided into three main stages: Following the pre-war writings, the period 1945-1961 lead to the book Totalité et Infini, in which the ethical thought of Levinas takes a first accomplished form. During the last stage, whose central opus is Autrement qu’être (Otherwise than Being), his thought both radicalized and opened up to multiple horizons. Indeed, Levinas is not merely an academic philosopher ignorant of other movements of thought that mark his century. This book aims to show how the stages of Levinas’s strictly philosophical thought is expressed with regard to politics, Judaism, and Christianity.

This book surveys the development of Jewish religious law and practice in relation to healthcare, with an emphasis on their influence on Israeli medical law. It contains discussions on the nature of Jewish law and and ethics, especially in comparison to Catholic moral theology and the Western political traditions . The book is divided into key themes: approaches to health, illness and the body; medical nursing and social services; doctor-patient relationships; the uses of the dead and living body; fertility, genomics and infertility; Jewish sexual ethics and the medicalization of religion; abortion; care for neonates; the timing of death and organ transplantation from the brain-dead, and end-of-life care . The book should be of interest to students and scholars of bioethics, Jewish religious law, history of Israeli law, and the interactions between social history of medicine and biomedical law . This is a much expanded and revised Hebrew version of the 2014 book Jewish Medical Ethics published by Cambridge University Press.

The words seduction and ethics, which at first sight seem mutually exclusive, are at the heart of the analytic perspective. Vivian Chetrit-Vatine takes as her starting-point an encounter, which is not necessarily consensual, between Emmanuel Levinas's thought and his conception of philosophy as ethics - ethics understood as responsibility for the other - and that of the psychoanalyst Jean Laplanche, who posits the first adult other as a seducer of the young psyche from the outset, due to the transmission of enigmatic messages compromised by his or her unconscious. The analyst's ethical position is re-examined and with it the feminine/maternal origins of the human capacity for responsibility for the other.