[Avodah] Rosh Hashanah 32b There's Hope For Everyone
Rich, Joel
JRich at sibson.com
Tue May 27 02:53:10 PDT 2008
I suspect that the answer will vary depending on the specific
situation. We are not necessarily opposed to "doing away with human
intervention", but rather that some situations have rules which must be
followed. And in some situaitons, those rules are more flexible than in
other situations.
To put it another way: No, our ultimate goal is emphatically NOT
to uncover the "truth". Rather our goal is to follow the rules, wherever
they may take us.
Akiva Miller
This was the point of my posting the excerpt from Judge Posner's book.
I would extend R' AM's statement to that in some places the rules are
extremely flexible (or there is very little precedent on point) and we
or the posek, consciously or unconsciously, use what we might call lev
hatorah, based on learning, personality, experience and general
worldview , to reach a decision (or in fact legislate rather than judge)
(or say that halacha has no opinion - but this seems extremely rare
these days)
KT
Joel Rich
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