Calabresi's and Maimonides's Tort Law Theories-A Comparative
Conversation Calabresi's and Maimonides's Tort Law Theories-A Comparative Analysis and a Preliminary Sketch of a Modern Model of Differential Pluralistic Tort Liability Based on the Two Theories Yuval Sinai* & Benjamin Shmueli** I. CALABRESI AND MAIMONIDES: IS IT POSSIBLE TO CONDUCT A DIALOGUE BETWEEN THE THEORIES? This Article's main argument is that the roots of contemporary utilitarian analysis can be traced back to Jewish law sources, and that Ph.D; L.L.B; Schusterman Visiting Professor of Law at Yale University, Judaic Studies and Middle East Programs, and a Senior Research Scholar in Law, at Yale Law School, 2013-14; Visiting Professor, McGill University, Canada (2007-08); Associate Professor of Civil Procedure and Jewish Law and Director of the Center for the Application of Jewish Law (ISMA), Netanya Academic College Law School; Adjunct Professor, Bar-Ilan University Law School, Israel. Ph.D. 2005, L.L.M. 1999, L.L.B. 1998, Bar-Ilan University; Senior Research Scholar in Law at Yale Law School, 2013-14; Visiting Professor, Duke Law School, 2006-08; Associate Professor of Tort and Jewish Law, and Director of the Center for Commercial Law, Bar-Ilan Law School, Israel. Our thanks to Ehud Guttel, Gideon Parchomovsky, Ariel Porat, Benny Porat, and Eyal Zamir for their valuable comments. The paper has been presented at the 17th International Conference of the Jewish Law Association, Yale Law School, 2012; the European Law & Economics Association Annual (EALE) Conference, Stockholm, 2012. We thank the Honorable Guido Calabresi for his comment at the Yale conference and for fascinating discussions. We also thank the Yale Journal of Law & the HumanitiesBoard, and William Zichawo in particular for his skillful editing.
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