DEUT843 See [[EXOD289]] Exodus 18:13 magistrate OXFORD 481

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DEUT844 See [[DEUT52]] Deuteronomy 4:6 peoples SPERO 32

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DEUT845 See [[DEUT848]] Deuteronomy 16:20 justice DORFFDRAG 114-5

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DEUT846 In addition to recognizing that the quality of justice depends on the qualities of those dispensing it, Judaism also offers the insight that justice does not exist in the abstract but is directly dependent upon the quality of evidence presented and the procedures used to present it. The Torah established that at least two witnesses were required for any conviction. (Numbers 35:30; Deuteronomy 17:6; 19:15). Because their word would prescribe the minimum burden of proof, the Rabbis established intricate laws to ensure the greatest possible reliability of those witnesses. Witnesses could not use hearsay; they had to be competent; they could not be informants; they were subject to vigorous cross-examination; the testimony could not be contradicted if it was to be the basis of judgment; affirmative efforts had to be made to solicit witnesses for the defense; and confessions in criminal cases were inadmissible. (For a summary of these rules, see M.T. Laws of Evidence generally, but especially chaps. 1-5, 17, and 22). Each of these rules reflects an important judgment about the type of procedure most likely to lead to a just verdict. The Torah itself sets forth layers of protection to guard against the corruption of witnesses and the courts (for example, Deuteronomy 16:18–20; 19:16-20). The Rabbis added even more (for a summary of such added layers of protection against a corrupt court, see M.T. Sanhedrin [Laws of Courts], chaps. 20, 21, and 24). Even in modern times, there are constant debate as to what kind of tribunals should be used for criminal cases. The recent debate over how international tribunals should operate, or whether military tribunals should be used to try alleged terrorists, raises the same fundamental questions. Judaism not only offers examples of procedures still used today, but more fundamentally it teaches that a verdict is only as legitimate as the procedures that are used. (By Laurie L. Levenson, "Judaism and CriminalJustice"

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DEUT847 It is stated in the Midrash (Ruth Rabbah 1:1-2): "Rabbi asked Rabbi Betzalel: 'What is the meaning of (Hoshea 2:7): "For their mother has been adulterous"?' He answered:' When do words of Torah become adulterous? When their lords despise them. How so? As with the sage sitting and expanding [this verse]: "Do not pervert judgment," when he himself perverts judgment; "Do not play favorites," when he himself plays favorites; "Do not take a bribe," when he himself takes bribes.'" And thus did our Rabbis of blessed memory expound (Koheles 9:16): "The poor man's wisdom is despised." What does this mean? If one is poor in good deeds, his wisdom is despised. If he exhorts to the doing of good when he himself does not do it, his words are not accepted (Avos 1:17): "And it is not a learning which is primary, but the doing." Therefore, all men must perform their deeds for the sake of Heaven. This is clearly demonstrated in the case of Elisha ben Avuyah, who, because his father taught him Torah not for its own sake, in the end turned to heresy ... (Yerushalmi (Chagigah 2:1), Koheles Rabbah 7:8-18). [Note: See Milton Steinberg, As a Driven Leaf, 1939, for a novel based on the imagined life, times (early Rabbinic Era) and religious/philosophical struggles of Elisha ben Avuyah -- AJL].

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DEUT851 It should be noted that there is a fine line between the concept of "justice," which is always advisable and legitimate, and one who seeks "revenge," which always has negative connotations and is forbidden. Almost everyone who seeks revenge would not call it revenge, but "justice" carried out in order to correct how that person has been wronged. And seeking justice is certainly a Mitzvah (this verse]. Because of this rationalization that will become the mantra of anyone seeking revenge, that may be part of the reason why the Torah prohibited this sin altogether.

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DEUT852 Judaism, as will be shown through numerous sources, places caring about others and acting benevolently towards other people as the absolute highest priority of the religion. From Scripture to the Talmud to the Midrash and beyond, the value of behaving ethically towards other human beings describes the essence of being Jewish. For example, when declaring which one principle epitomizes Judaism, Rabbi Akiva states it is the verse, known to many: "You shall love your neighbor as yourself" (Jerusalem Talmud, Nedarim 30b). He mentions nothing about God, beliefs, or man-to-God Mitzvot-commandments in describing the essence of Judaism. Rather, only good behavior towards one's fellow man. In a similar vein, Hillel was forced to encapsulate all of Judaism to the potential convert standing on one foot. Hillel stated essentially the same thing as Rabbi Akiva, except he couched the idea in a more negative but practical manner: "Do not do to your neighbor what you would not want to have done do you (Shabbat 31a). He continues and says that all the rest of Judaism is only commentary based upon this one essential principle and that the convert should now go learn all of Torah. The Torah itself also emphasizes this concept. It tells us not merely to attain it, but to run after and pursue righteousness (sometimes mistranslated as "justice") [this verse]. This is commonly understood to signify that each Jew should ensure that he or she should do the right thing in every situation, i.e., specifically between man and his fellow man. The Torah emphasizes the importance of this notion in the verse in two different ways: it repeats the word "righteousness" twice and it also tells us to run after this concept. In no other place in the Torah (and only in one place in Psalms, about pursuing peace) does God use the term "run after it" concerning any other Mitzvah-commandment. Jews are not commanded to run after keeping Kosher or run after eating Matzo on Passover. Only with regard to treating others in the right manner must one actively pursue this goal. The prophet Micah also informs us exactly what God wants from each Jew: to do justice and kindness as one walks modestly with God. According to the commentaries, this refers only to the commandments that pertain to our goodness and how well we treat our fellow man (Micah 6:8 with Ibn Ezra commentary).

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DEUT849 (Continued from [[LEV692]] Leviticus 19:18 love BLOCH 68). "Fearful and faint-hearted" men were among those who were exempted from serving in the army. In the opinion of one rabbi, the "fearfulness" was not based on cowardice but rather on an awareness of one's sinful life. (Deuteronomy, Sifre 112). This insightful comment reflects a true appreciation of the real intent of the Pentateuch, the exclusion of the rowdy element which is likely to lower the moral standard of an army. This aim was clearly spelled out in [this verse].

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DEUT848 “Justice, justice shall you pursue” (Deuteronomy 16:20) rings through the ages as one of the Torah’s major principles. The biblical prophets rail against the people for their failure to achieve justice, and they issue clarion calls for reform that have shaped the conscience of Western civilization for thousands of years. “Justice, justice shall you pursue” appears after several verses in the Torah that demand the institution of courts located in all regions where the people dwell, that prohibit bribes, and that warn against prejudice and judgement. By mixing procedural concerns (like the placement of courts in convenient places) with substantive issues (like the prohibitions against bribes and prejudice), the Torah indicates its awareness that the two are inextricably intertwined, that procedure affects substance and substance demands certain procedural rules. No human being can always know whose cause is right, for only God is privy to the sum total of every person's actions and intentions. Nevertheless, the Torah obligates us to establish courts to dispense justice as well as we can, and it specifies procedural rules to help us do that well. So, for example, at least two witnesses are required to establish a fact in court in order to forestall collusion. (Deuteronomy 17:6 and 19:15). To accentuate its prohibition of false testimony, the Torah includes it in the Decalogue, announced amid thunder and lightning at Mount Sinai. (Exodus 20:13. See also Exodus 23:1-2 and Deuteronomy 5:17). Moreover, a twenty percent fine is levied against witnesses who knowingly lie in a civil case, (Leviticus 5:20-26) and full retribution is required of those who testify falsely in a criminal case. (Deuteronomy 19:15-21). A judge’s acceptance of bribes is roundly condemned, “for bribes blind the clear sighted and upset the pleas of those who are in the right.” (Exodus 23:8 and Deuteronomy 16:19). Each person is to be judged for his or her own actions exclusively, (Deuteronomy 24:16), a principle assumed without question in modern Western societies but very much at odds with the practice of many societies in ancient, medieval, and even modern times, in which relatives were punished for the crimes of their family members. The Torah insists that neither rich nor poor may be favored: You shall not be partial in judgment: hear out low and high alike. Fear no man, for judgment is God’s.” (Deuteronomy 1:17; see also Exodus 23:2-3, 6) The alien, too, is to be treated fairly: “Decide justly between any man and a fellow Israelite or stranger.” (Deuteronomy 1:16). The rabbis of the Talmud and Middle Ages added many more procedural rules to ensure impartial treatment. For example, one litigant may not be required to stand while the other is sitting, both parties to the case must wear clothing of similar quality, judges must understand the languages spoken by the people before them, and people related to each other or to the litigants may not serve as witnesses, and neither may those engaged in illegal or immoral activities. (B. Shavuot 30a, T. Sanhedrin 6:2, B. Ketubbot 46a, and M.T. Laws of Courts 21, esp. pars. 1-2.) Through rules such as these, procedural justice is strengthened and made reality.

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DEUT857 Tzedek means justice, as in the famous verse, “Justice, justice shall you pursue” (Deuteronomy 16:20). The Torah's division of justice includes both procedural and substantive elements. That is, it demands that in court we ensure fairness by following specific procedures in judging people (“procedural justice”), and in society generally we must guarantee that there is a substantial safety net so that the poor, orphans, and widows get what they need to live, receive an education, and find a mate (“substantive justice”).

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