ABSTRACT
Appendix Regulations for Proceedings in Rabbinical Courts in Israel, 19935753
This chapter will explore a central element of legal procedure, fi nality of judgment-res judicata.1 The notion of fi nality of judgment raises numerous questions, chief among them being, of course, that of whether a judgment ever becomes irrevocable and absolute, or is always open to reconsideration. If so, who is entitled-or obligated-to initiate reconsideration? Is it permissible for one of the litigants to request a new trial after a ruling has been issued, and if so, under what conditions? This chapter will clarify the position of Jewish law on these procedural issues. We will also explore the extent to which positions taken on putatively procedural issues have substantive implications for both the actual outcomes of concrete legal proceedings, and for our understanding of the essence of the law, and its role in society.
