Author ORCID Identifier
Jewish jurisprudence, Talmud, Legal tradition, Common law tradition, Bailments, Lost property
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.
Emory Law Journal
Michael J. Broyde, The Hidden Influence of Jewish Law on the Common Law: One Lost Example, 57 EMORY L.J. 1403 (2008).