Is Jewish Law an Expression of Heavenly Ideals or a Pragmatic Measure for Bringing Order to Society?

In this week’s Torah reading of Mishpatim, God communicates to Moses a catalogue of civil laws, addressing such issues as torts, property, punishments for theft, and so forth. The German-born Spanish rabbi Jacob ben Asher (ca. 1269-1343), in the introduction to his codification of the corresponding body of talmudic law, attempts to explain the purpose of judges, courts, and the legal system itself, arguing that without such institutions, society would disintegrate into a war of all against all. Contrasting Jacob ben Asher’s approach with that of another Spanish talmudist, Nissim of Gerona (1320-1376), Shlomo Zuckier examines their radically different interpretations of Jewish law:

[Nissim] argues that, in actuality, there exists [in the Torah’s view] a dual rather than a singular system, one based on a rule of the judge and the other based on the law of the king. Judges and courts are enjoined to apply the laws according to their pristine truth, on the basis of the rules stated in the Torah, while the king . . . is charged with ensuring an orderly society.

These two branches of government are supposed to complement one another: the goal of the courts is to live up to the Torah’s theoretical ideals and to bring the divine bounty into the world through their implementation. As the societal effects of this limited application of the law . . . do not necessarily ensure that society is properly organized, the role of the king is to fill the void and take all necessary actions to ensure a safe and healthy society. . . [In fact, Nissim] goes out of his way to note that the judge is considered a partner with God in Creation for bringing God’s justice into the world “whether or not he succeeds in bringing order to society.”

Thus the approaches of the rabbis are directly opposed to one another in their understanding of the purpose of justice. Jacob ben Asher has a very pragmatic view that law creates order, while Nissim has an idealistic or metaphysical view of law as bringing a perfect, theoretical divine vision of justice into the world. In several cases, they treat the same talmudic prooftexts in fascinatingly divergent fashion. . . .

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Read more at Lehrhaus

More about: Jewish law, Judaism, Law, Middle Ages, Religion & Holidays

Nikki Haley Succeeded at the UN Because She Saw It for What It Is

Oct. 15 2018

Last week, Nikki Haley announced that she will be stepping down as the U.S. ambassador to the United Nations at the end of the year. When President Trump appointed her to the position, she had behind her a successful tenure as governor of South Carolina, but no prior experience in foreign policy. This, writes Seth Lispky, turned out to have been her greatest asset:

What a contrast [Haley provided] to the string of ambassadors who fell on their faces in the swamp of Turtle Bay. That’s particularly true of the two envoys under President Barack Obama. [The] “experienced” hands who came before her proceeded to fail. Their key misconception was the notion that the United Nations is part of the solution to the world’s thorniest problems. Its charter was a vast treaty designed by diplomats to achieve “peace,” “security,” and “harmony.”

What hogwash.

Haley, by contrast, may have come in without experience—but that meant she also lacked for illusions. What a difference when someone knows that they’re in a viper pit—that the UN is itself the problem. And has the gumption to say so.

This became apparent the instant Haley opened her first press conference, [in which she said of the UN’s obsessive fixation on condemning the Jewish state]: “I am here to say the United States will not turn a blind eye to this anymore. I am here to underscore the ironclad support of the United States for Israel. . . . I am here to emphasize that the United States is determined to stand up to the UN’s anti-Israel bias.”

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More about: Nikki Haley, U.S. Foreign policy, United Nations, US-Israel relations