Falk, "Unauthorized Use of Property", in Studi in onore
di Cesare Sanfilippo (Milan: GiuffrË, l983), III.201-210.
S. Friedell, "Some Observations on the Talmudic Law of Torts".
Rutgers Law Journal 15 (1984), 897-925. - Friedell's thesis
is that Talmudic tort law generally left losses on tort-victims to a greater
extent than Anglo-American law. A plaintiff under Jewish law had a cause
of action only upon the occurrence of events carefully specified in the
texts, and even then many elements of injury were noncompensable or were
measured in ways favourable to the defendant. For some specific occurrences,
early systems of loss-sharing gave way in the Talmud to a tort system based
on fault, including the fault doctrine of contributory negligence which,
under Jewish law, totally denied recovery unless the plaintiff was less
at fault than the defendant. Friedell's analysis is primarily based upon
the Talmudic treatment of the various contexts in which damage is caused
by the defendant's ox. These settings and their accompanying rules are compared
with equivalent settings in Anglo-American law. (D.H.P.)
Irwin H. Haut, "Causation in Jewish Tort Law", National
Jewish Law Review III (1988), 1-47.
Irwin H. Haut, "Causation in Jewish Tort Law - Part II",
National Jewish Law Review IV (1988), 9-58.
Y. Liebermann, "The Coase Theorem in Jewish Law", Journal
of Legal Studies 10 (1981), 293-303. - In 1960, economist R.H. Coase
published a then-radical theory of regulation of noxious uses of property.
Coase found not only the noxious use, but also its suppression and regulation,
to be harmful; either way, someone loses maximal enjoyment of his rights.
Coase also theorized that any legal right to conduct noxious activities
should be freely marketable, and that economic incentives might lead protected
parties to cede the rights they had won at law. Lieberman cites the Mishnah,
the Shulhan Arukh and several responsa for concurring examples of
these principles, and identifies common factors which both English and Jewish
judges have found important in reconciling conflicting uses of property.
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