Tag Archives: Bava Kamma

Bava Kamma: Between Strict Liability and Negligence

Dr. Shana Strauch-Schick

Abstract: Tractate Bava Kamma deals primarily with tort law – the area of law that determines liability and fault for damages caused to the person or property of others. The Mishnah and the Talmudim present a seemingly bewildering variety of perspectives in terms of how to make such determinations. Nevertheless, it is still possible to trace a chronological development of how the tannaim and amoraim dealt with these issues. This evolution conforms to theoretical models described by contemporary legalists and may fit its Sasanian context.

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