[Avodah] halachic attitude to the convicted
Rich, Joel
JRich at sibson.com
Mon Nov 23 11:36:27 PST 2009
>> But that requires a determination that the person actually does pose
>> such a threat, not merely that he has been convicted of a crime which
>> has been put into a category of "crimes that affect public safety".
>> Labels don't change reality.
> Actually, depending on one's understanding of DMD, I would say they do
> - i.e. if the King decides it is, it may well be.
What conceivable translation of the word "dina" would yield such a result?
--
Zev
AND:
According to you, when would you have a legitimate case of Pidyon Shevuim?
It would seem clear throughout history (at least anecdotally) that many of the leaders of the jewish people have not taken this approach. The stories that float around of this rabbi going to seek the release of X prisoner or that rabbi seeking a stay of execution of Y prisoner.
AND:
Let me then be the first to bring "The Emperor's New Clothes" into the halachic discussion. The King can decide many a thing, but still cannot change reality. He cannot wily-nily decide to bump people off as "threats". Sanhedrin would not allow it.
KT,
MSS
__________________________________________________
The theories of DMD are broad and have been discussed here many times. AIUI if the King were to determine that crossing in the middle of the block had led to too many needless deaths that it needed to be punishable by 30 days in jail so as to keep an orderly safe, society, the broader definition of DMD (i.e. that it is not just limited to monetary issues) would put it into the category of "crimes that affect public safety" even though many might think it is not such an important issue. Thus the labeling by the appropriate authority changed the "reality" from the day before the promulgation.
KT
Joel Rich
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