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Friday, August 13, 2010

Insight 5770-35: Two Systems of Justice

For Parshat Shoftim

Not yet available on the Nishma website.

1 comment:

  1. I thought I should further clarify my understanding of the gemara in Sanhedrin although I think I allude to this in the actual body of the Insight. The move of the Sanhedrin from the Lishkat Hagazit was not a response based upon law and order. If the Torah indeed deams capital punishment to be a deterrent and necessary for law and order, this move would actually be counterproductive. In any event, the emergency powers of the court would still be available to protect law and order. The move clearly was because it was felt that any analysis of individual justice, i.e the process of investigating the individual evil, was compromised by the increase in murder and, as such, it was necessary to make this move. Rashi actually states that with the increase in murder there was not the time available for the court to even attempt the proper investigation, which I would add, for this area of justice. Law and order was still be preserved and perhaps the court's greater occupation with this overall need in the society indeed made the conducting of a formal court trial properly almost impossible. Thus the Sanhedrin gave this message to all the batei dinim in the world by moving from the Lishkat Hagazit.

    Rabbi Ben Hecht

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