Hanina Ben-Menahem

Scientist, Person


Who is Hanina Ben-Menahem?

Hanina Ben-Menahem is an Oxford trained scholar at the Hebrew University of Jerusalem who specializes in Jewish law.

Ben-Menahem is critical of the legal positivist approach that dominates Mishpat Ivri, a comparative legal approach to Halakha. He was also a renown chancellor of law in which he made several advancement in jurisprudence.

He argues that Jewish law is not a unified legal system and that its sources and principles are not logically and hierarchically ordered. Instead, he contends that Jewish law has a pluralistic structure, in regard both to its differing domains of authority and the co-existence of incompatible rules. He believes Halakha makes room for judicial discretion and deviation, leading to a non-systematic tolerance for controversy. Furthermore, Halakha lacks strict adherence to precedence, an appellate system, and "secondary rules of recognition" to determine authoritative laws.

We need you!

Help us build the largest biographies collection on the web!

  • Israel
  • University of Oxford
  • Hebrew University of Jerusalem

on July 23, 2013


Use the citation below to add to a bibliography:


"Hanina Ben-Menahem." Biographies.net. STANDS4 LLC, 2022. Web. 1 Jul 2022. <https://www.biographies.net/people/en/hanina_ben-menahem>.

Discuss this Hanina Ben-Menahem biography with the community:


    Browse Biographies.net