“For over a century, scholars have maintained that Jewish tort law includes a doctrine of negligence. Some have suggested that only part of this law is based on negligence and that other parts are based on strict liability? Others argue that all Jewish tort law is founded on the concept of negligence. Some make the case that parts of Jewish law resemble Learned Hand’s formula. If by ‘negligence’ we mean breach of a legal duty to take care, then Jewish law indeed embodies the concept. That definition, however, tells us nothing about the type of care that must be taken. Probably most lawyers define ‘negligence’ to mean either a failure to exercise reasonable care in the circumstances or a finding, based on the risk created, that the expected harm of the defendant’s conduct …” (more)
Friedell, Steven F, ‘Jewish Law and the Concept of Negligence’, Touro Law Review: volume 36 : no 4, article 6 (2021).
First posted 2021-05-08 08:00:08
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