Cosimo Nicolini Coen

The Problem of Dissent and Minority Opinions: A View from the Jewish Law

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Abstract

The aim of the paper is to analyse the phenomenon of judicial dissent, namely its status and value. In order to do so it will be questioned the specific phenomenon of judicial dissent in the Jewish law. Which are its conditions of possibility? Which are the normative entities it produces? Which status may be attributed to this entities and which value justifies their existence? Answers to these questions allowed us to deepen some issues that seem common to different forms of judicial dissents (i. e. to the judicial dissent in form of minorities opinions) as well as some feature that may be recognized as properly to the Jewish law.

Keywords

  • Judicial dissent
  • Jewish Law and Thought
  • Hermeneutic
  • Pluralism
  • Truth and decision

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