[Avodah] Court System Models

Michael Makovi mikewinddale at gmail.com
Sun Jan 20 09:44:01 PST 2008


> In this weeks coming parsha, we see an interesting (and well known)
> difference when comparing Yitro's advice to Moshe.
> Yitro: All big things come before Moshe, all small things are handled by the
> regular judges.
> Moshe's Implementation: All hard things come before Moshe, all simple things
> are handled by the judges.
>
> It just occured to me this week that the US court system is almost exactly
> Yitro's advice. The more high-profile (and big) a court case is, the higher
> it gets pushed in the courts until it could reach the supreme court.
> Contrast this with the Halachik process, where the average person asks their
> rabbi who, if he doesn't know the answer ask his rav etc.
>
> Kol Tuv,
> ~Liron Kopinsky

I must be slow. What exactly is the difference? Big -> Moshe, small -
judges. Hard -> Moshe, easy -> judges. What's the difference? Big =
hard, small = easy, no?

Same with Supreme Court. You start at the lower court, and if you
appeal then you go higher up (roughly equivalent to case where the rav
doesn't know the answer and you go up to next court; here, it is not
that the rav says he doesn't know, but you say he doesn't know;
different but roughly equivalent).

Mikha'el Makovi



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