TY - JOUR
T1 - Calabresi's and Maimonides's tort law theories:
T2 - a comparative analysis and a preliminary sketch of a modern model of differential pluralistic tort liability based on the two theories
AU - Shmueli, B.
AU - Sinai, Y.
N1 - 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).
PY - 2014
Y1 - 2014
N2 - 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)?
AB - 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)?
UR - https://scholar.google.com/scholar?q=Calabresi%27s+and+Maimonides%27s+Tort+Law+Theories%E2%80%94A+Comparative+Analysis+and+A+Preliminary+Sketch+of+a+Modern+Model+of+Differential+Pluralistic+Tort+Liability+based+on+the+Two+Theorie&btnG=&hl=en&num=3&as_sdt=
M3 - مقالة
VL - 26
SP - 59
EP - 133
JO - Yale Journal of Law and the Humanities
JF - Yale Journal of Law and the Humanities
IS - 1/2
ER -