[Avodah] Tzeni'us and gender roles
David Riceman
driceman at att.net
Mon Jul 20 04:39:52 PDT 2009
Chana Luntz wrote:
> The only reason why the girl would have standing, is because of this
> peculiarity of halacha, which seems to link malkos to civil litigation (this
> is not the only place I have seen it, although I cannot think of where else
> off the top of my head at the moment). Ie a plantiff can sue to get the
> defendant whipped. Not allowed in common law legal systems of course, where
> you have to pursuade the public prosecutor to prosecute - precisely because
> it is considered that the criminal system should not be a mechanism for
> victim revenge.
You are biased by chronology; common law used to have criminal
prosecutions initiated by private parties (not only in Colonial America
but also in England). See
http://law.jrank.org/pages/1863/Prosecution-History-Public-Prosecutor.html
and the pages following it. He says that several (US) states retain
this right, but doesn't enumerate them.
David Riceman
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