Tuesday, November 4, 2014
On October 23rd, Widener Law had the pleasure of hosting Benjamin Shmueli as he presented "Tort and Family Law: Civil Actions for Acts that are Valid According to Religious Family Law but Harm the Rights of Spouses." Shmueli is Senior Lecturer (Associate Professor) at Bar-Ilan University in Israel and, from 2013-2015, Senior Research Scholar at the Yale Law School.
Shmueli's engaging presentation focused on two case studies. Refusal to grant a get—a Jewish bill of
divorce—in Jewish law and divorcing a wife unilaterally and against her will in Shari'a law (talaq/ repudiation) are practices permitted—even if not desirable—by religious law. Shmueli argues that tort and contract law should be integrated, sensitively, with religious law. His justifications: a property rules/liability rules framework, legal pluralism, and justice-based considerations. I am looking forward to the full book. A short prospectus is here: Download Tort_and_Family_Law-Short_Prospectus (1)