Author ORCID Identifier
0000-0001-9960-7256
Document Type
Article
Publication Date
2008
Keywords
Jewish jurisprudence, Talmud, Legal tradition, Common law tradition, Bailments, Lost property
Abstract
Professor Berman is undoubtedly correct that the surviving literature shows little such influence of Jewish jurisprudence. Over the course of numerous conversations I had with Professor Berman at Emory, we discussed another possibility, namely that the Jewish tradition indeed had a distinct influence on the common law; however, due to the general lack of enthusiasm for the Jewish legal tradition throughout the medieval Christian world, even when Jewish sources were consulted, they were not cited. I wish to show what I think is one such example --the enigmatic origins of the common law rule that the holder of lost property might be a bailee for hire and not a gratuitous bailee.
First Page
1403
Publication Title
Emory Law Journal
Recommended Citation
Michael J. Broyde, The Hidden Influence of Jewish Law on the Common Law: One Lost Example, 57 EMORY L.J. 1403 (2008).
Included in
Common Law Commons, Jewish Studies Commons, Legal History Commons, Other Religion Commons, Religion Law Commons