[Avodah] Torah government

[Arie Folger]

RET wrote:
> Do be more theoretical there is a basic difference in outlook between
> secular law and halacha. Halacha looks at the rules given in the
> gemara and SA and fits cases into the given law. Secular starts with
> what is necessary for a good economy. If current law does not properly
> control some new process then congress or parliament will simply
> change the law for the new circumstances. Thus, congress can decide if
> patents cover software or not. In halacha one has no choice and the
> outcome theoretically depends on some extension of some teshuva based
> on a gemara. Whatever comes out is it whether good or bad for the
> economy is irrelevant

It seems to me that two quite dissimilar concepts are being unnecessarily 
combined into one. There are basic dinei mamonot, for which halachah is a 
given. These are the major principles. However, there exists legislative 
power in the community (kahal) and/or 7 tovei ha'ir, which were mentioned. We 
may argue about whether a secular government has, either partially or 
entirely, the power of 7 tovei ha'ir. It is, however, unquestionable that 
there exist bodies that can introduce decrees according to the needs of 
society, including economic rules according to the economy's need. A good 
example is copyrights enacted through a cherem by IIRC Va'ad Arba' Aratzot, 
which continued to be enforced long after that body was disbanded.

Patents and other IP rights could likewise be legislated letovat hatzibbur. 
Many other economic rules, too.

KNLAD.

KT,
-- 
Arie Folger
http://www.ariefolger.googlepages.com