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

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