Title: The halakhic process : a systemic analysis /
Authors: Roth, Joel.
Publisher: Jewish Theological Seminary of America,
Year: 1986
Subjects: Jewish law Interpretation and construction; Jewish law Methodology.
Abstract: Analysis of the primary Talmudic and rabbinic, sources relating to legal and extra-legal factors involved in halakhic decision-making.
Contents: Sources of the legal system -- The concepts of de-oraita and de-rabbanan : meanings and implications -- Some aspects of decision making -- On judicial discretion and precedent -- On the source and scope of rabbinic authority -- On the qualifications of authorities -- On rabbinic authority vis-à-vis matters de-oraita -- On custom in the halakhic system -- Extralegal sources within halakhah -- The language of pesak : an excursus -- On new legal sources within halakhah.