Crime and Punishment in Jewish Law: Essays and Response
The Third Republic, known as the ‘belle époque’, was a period of lively, articulate and surprisingly radical feminist activity in France, borne out of the contradiction between the Republican ideals of liberty, equality and fraternity and the reality of intense and systematic gender discrimination. Yet, it also was a period of intense and varied artistic production, with women disproving the critical nearconsensus that art was a masculine activity by writing, painting, performing, sculpting,...
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The Bible presents only a small portion of the laws necessary for a state to function. Nevertheless, whole tractates of the Talmud discuss a wide variety of legal issues both civil and criminal. Although the jurisdiction of the beth din was limited in every land where Jews have lived, the scholars felt that it was important to develop a system which dealt with every aspect of life. Quite a few of the issues were discussed at a purely theoretical level. But faced with specific problems in their respective communities, the rabbinic scholars were forced to be practical and go beyond the traditional halakhah in order to protect the community. This mixture of idealism and reality shape the later rabbinic discussions, some elements of which have been incorporated into modern Israeli law, but also shape modern Jewish thinking in the Diaspora. This area of the halakhah has been rather neglected, but this volume will no doubt stimulate further research. Contents: S. M. Passamaneck, The Concept of Crime in the Jewish Tradition—L. Kravitz, What is Crime—C. Librach, Assisting the Guilty: Halakhic Considerations—W. Jacob, What is Punishment?—R. A. Block, Capital Punishment—M. Zemer, Religious Extremism and Violence—Selected Responsa. Published in Association with the Solomon B. Freehof Institute of Progressive Halakhah
AcknowledgmentsviiiIntroductionixPart 1EssaysChapter 1The Concept of Crime in the Jewish Tradition3Chapter 2What Is Crime?22Chapter 3Assisting the Guilty: Halakhic Considerations34Chapter 4Punishment: Its Method and Purpose45Chapter 5Capital Punishment64Chapter 6Confrontation of Halakhah and Religious Violence74Part 2Selected Reform ResponsaProfessional Secrecy and an Illegal Act91Damages for a Physician's Error93Suing the Rabbi94Malpractice Suits Against Rabbis96Confidential Information99Testimony Against a Family Member100Informing on Others in Criminal Activities102Electronic Eavesdropping and Jewish Law103Disinterment for Legal Evidence107Insanity in Criminal Cases109Unknown Defect in Building Material110Freeing Hostages113Jewish Lawyers and Terrorists114Punishment of Minors116Memorializing a Known Criminal117Garnisheeing Wages118Muggers and Money on Sabbath120Collecting Synagogue Pledges through the Civil Courts123Synagogue Contribution from a Criminal126A Criminal as a Member of the Congregation129An Unworthy Man Called to Torah132Contributors138
