[Avodah] rape

[Eli Turkel]

<<where do you see that 'the Ran's theory is innovative, and not
necessarily the consensus view'  >>

The Ran's view is very controversial because it implies the need of
a system beyond halacha. Why learn choshen mishpat or
meschet Sanhedrin if the king will set up his own laws.
This is precisely the reason many achronim object to dina
de-malchasa and seek to limit its application to taxes or other
direct needs of the government but not as a way of governing.

My personal experience is that many modern rabbis have a
dual attitude to the Ran. When asked all sorts of modern
questions they answer, based on the Ran, that we can get
around problems that Mordechai Cohen mentions. At the same
time they feel very uncomfortable about actually introducing any
new legislation

-- 
Eli Turkel