Document Type
Article
Publication Date
2013
Abstract
Law and religion share an underlying structure built on commandments and corresponding commitments. They also share a space in the formal regulation of a person's daily life. Oftentimes, they attempt to legislate in the same specific areas, and oftentimes they come to different final conclusions, or to similar conclusions, but for very different reasons. This article explores the concept of child support in Jewish and American law, respectively, noting how the standards that Jewish law courts impose are actually governed by the hybrid and sometimes competing claims of religious law, secular law, and contemporary cultural norms. In some times and places, the Jewish law, or Halakha, establishes a floor that can be built upon, while in other contexts it builds its own obligations upon existing legal structures and societal standards. Because of the well-formulated and embracing nature of the "Dina Demalchusa Dina" concept in Jewish law, which states (in a broad sense) that the law of the land is the law, the final product is still thought of and construed as a religious obligation under halakha itself, making this case a prime example of one in which law and culture can and do influence religion.
Recommended Citation
Mark Goldfeder, Law, Religion, and Culture Intertwined: A Case Study in the Development of American Jewish Law, 4 FAULKNER L. REV. 445 (Spring 2013).
Source Publication
Faulkner Law Review