Sunday, October 14, 2007

If Mr. Rascal blows up Mr. Victim in his Porsche

Then it is logical to say that Mr. Rascal should pay for the Porsche with his money, and for Mr. Victim's life with his life.

That is indeed what happens in the American court system. For example, O.J.Simpson was first tried in the criminal court (and acquitted) and then in a civil court (and ordered to pay).

For the last few days in Ketubot we learned the opposite. If Mr. Rascal is tried in the Jewish court, he will have to face criminal charges, and because he may loose his life, he is spared the payment!

It seems that from here we can see the answer the Talmud gives to the unsolved question in the American law, namely, the crime and punishment theory.

Among all possible views, there is one that we want to restore Mr. Victim to the state before the crime, or that we want to punish Mr. Rascal, or that we want others to be deterred.

If in the Jewish court we do not care what the state or Mr. Victim will be, it must be that we are only concerned with punishing Mr. Rascal. When we want others to be afraid, it is specifically mentioned.

In the Jewish law, this result comes out because we are only concerned with the correction of Mr. Rascal's soul, while Mr. Victim is already corrected. This should rule out the same point of view in the American law, because it is not a practical reason.

Friday, October 12, 2007

Life

Is life good or what?

Cheers, all