JEWISH LAW AS A DUTY-BASED SYSTEM AND WHY IT MATTERS

One of the features that distinguishes Jewish law from modern law is its legal language. While modern legal discourse predominantly employs a language of rights, Jewish law centers on a language of duty, rooted in the significance of commandments (mitzvot) and obligations. Although there is a correlation between rights and duties, the pivotal question remains whether a specific legal system opts to articulate its norms through the vocabulary of rights or through the language of duties. This chapter analyzes a variety of legal outcomes that result from the decision of Jewish law to frame its legal world through duties rather than rights. The choice between a rights-based language and a duty-based language arises from differing sets of values. The adoption of a specific legal language mirrors a choice of specific values, thereby foreshadowing the nature of the legal outlines. The chapter analyzes the advantages and disadvantages inherent in each form of legal discourse, and advocates for developing of a legal language that integrates both legal perspectives.