This Article's main argument is that the roots of contemporary utilitarian analysis can be traced back to Jewish law sources, and that the ancient model can assist us in presenting a preliminary sketch of a modern model of pluralistic tort liability. Is it possible to create a virtual encounter and dialogue between two methods: the method of classic scholars of the economic analysis of tort law, such as Guido Calabresi-one of the founders of (tort) law and economics-and the method of Jewish tort law scholars, such as Talmudic sages and post-Talmudic decisors (Poskim), especially the "Great Eagle," Rabbi Moshe Ben Maimon (Maimonides)?
Sinai, Yuval and Shmueli, Benjamin
"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,"
Yale Journal of Law & the Humanities:
1, Article 2.
Available at: http://digitalcommons.law.yale.edu/yjlh/vol26/iss1/2