An Introduction to the First Gruss Lecture

It is my pleasure to introduce to these pages the first holder of the Caroline and Joseph S. Gruss Professorship of Talmudic Civil Law, Justice Menachem Elon of the Supreme Court of Israel.

Justice Elon needs no introduction to those familiar with Israeli jurisprudence andJewish law (Mishpat Ivri), for he has had a leadership role in the examination, adaptation, and application ofJewish law as a modem legal system. As a member of the Israeli Supreme Court since 1977,Justice Elon has participated in many landmark cases involving questions of Israeli law. Unlike the United States Supreme Court, which cut its teeth in an earlier era, when questions of law arose in simpler contexts, the Israeli Supreme Court has been required from its inception to entertain the complex problems that arise in twentieth century society. Justice Elon has written decisions concerning, among other things, prisoners' rights, the status of conscientious objectors, and the role of women (and mothers) in modem society.

In deciding these questions of first impression, Justice Elon has relied on a vast array of legal scholarship and tradition: American and British precedents, the positive law of Israel, as well as traditional Jewish law.

He is uniquely suited to this task. After arriving in Palestine from Germany in 1935, Justice Elon studied for the rabbinate at Yeshivat Hebron. In 1944, he decided to expand his horizons by studying law. Rather than enroll in a law school recognized by the British mandate authorities, he enrolled in the Tel Aviv School for Law and Economics which emphasized the study of national law. His gamble on Israel paid off well, for he finished his studies in 1948, two days after the establishment of the State of Israel. Justice Elon's first position was, as one might expect, in the Israeli Army, where he served as a military prosecutor. Later, he was an assistant, and then deputy, attorney general in the Ministry ofJustice. In 1953 and 1962 he was awarded, respectively, an M.S. degree in Humanities and a Ph.D. in Law by the Hebrew University. During this time, he also married, had children, and conducted an active general practice.

In 1963, Justice Elon left practice to establish and become the first head of the Institute for Research in Jewish Law at the Hebrew University. In this capacity, he has supervised one of the most ambitious projects undertaken by the University: the publication of the seven-volume Digest of the Responsa Literature of Spain and North Africa. When completed, the digest will contain a catalogue of over 10,000 known responsa (Jewish case law) arranged according to their legal subject matter-a collection similar to our federal and state digests. There will also be an index of the source materials cited in the responsa-something akin to Shepard's, but with more analysis. Finally, there will be a historical digest listing responsa geographically and chronologically according to their historical subject matter. This project will be of enormous significance to scholars of law, history, religion, and society.

I present to you Professor Justice Rabbi Elon who will discuss the Legal System of Jewish Law.