[Avodah] What would a Torah government look like

[Michael Makovi]

> Lulei demistafina, I would say that midinei adam there is no chiyuv
> misah for certain crimes, when there is no Sanhedrin. Part of the
> point of hasroas eidim is that the person gives away his life. If
> there is no Sanhedrin there is no true giving of permission to be
> judged for death. It could be that even if Moshiach came tomorrow,
> such people could not be given misah. However, that might not apply to
> talmidei chachamim who don't require hasraah.

I've read in a few places that even after the churban, in Bavel and
Spain and other places, we kept doing executions in exceptional cases,
lest people brazenly sin, knowing that the law cannot do anything.

I see no reason why we can't apply this today. The only question is,
how often can one do this before he's obviously simply garbage-ing the
laws of edim, hatra'ah, etc., and everyone knows that the law's been
annulled in all but name.

Mikha'el Makovi