Mishpat Ivri
Mishpat Ivri (Hebrew משפט עברי "Jewish/Hebrew law/jurisprudence".) In content, Mishpat Ivri refers to those aspects of Halakha ("traditional Jewish law") that are relevant to "non-religious" or "secular" law. In addition, the term refers to an academic approach to the Jewish legal tradition and a concomitant effort to apply that tradition to modern Israeli law.
The academic study of Mishpat Ivri spans the full geographic, literary, and historical range of Halakha. It tends to exclude certain areas of Halakha that are not comparable to modern civil law, such as criminal law and "religious" law.
Subjects covered in Mishpat Ivri include, but are not limited to:
Property rights
Torts, called Damages in Jewish law
Contracts
Public law
International law
Sales
Renting
Ownership
Negligence
Legal liability
Copyright
Within classical rabbinic Judaism, all Mishpat Ivri subjects are also subsumed under halakha (Jewish law in general).
Scholars of Mishpat Ivri typically adopt methodologies based on legal positivism. Notably, Menachem Elon adopts a legal positivist approach in his extensive study (Elon 1994), which has been used to train Israeli law students at Hebrew University of Jerusalem. While useful for comparative law purposes, the legal positivist approach to Mishpat Ivri has been questioned by some scholars, such as Hanina Ben-Menahem and Bernard Jackson.