[Avodah] torah government

[Eli Turkel]

> As for the topic of enforcing mitzvos bein adam laMaqom or mitzvos shim'iyos... I think the advisability and permissability is sorely curtailed by tov sheyihyu shogegin.

Though mutav sheyihyu shogegin doesn't apply to explicit d'oraitot.

This raises the  interesting question
Des bet din have any flexibility in applying these laws given the
social climate.
The gemara already states that the sanhedrin left lishkat hagazit 40
years before the churban to avoid giving out death punishments. R.
Akiva implies that death punishment basically never occurred.
Hence, I would guess that bet din could not enforce certain laws if
they felt that enforcement would create more harm then good in todays
society
-- 
Eli Turkel