[Avodah] Dispute Resolution
JRich at sibson.com
Thu Jan 17 09:53:51 PST 2013
Jewish Jurisprudence contains a number of methods of "commercial" dispute resolution (whose initial source is unclear) when an unambiguous verdict is unattainable Of particular interest to me are shuda d'dayna (judicial discretion) and kol d'alim gvar (might makes right) which are applicable in differing specific factual circumstances. The differences in how the Rishonim understand these concepts is breathtaking - IIUC shuda runs from the judge should do his best to mirror his best guess at equity, to HKB"H doesn't care what the result is and the judge can do whatever he wants and feel good about it . Similarly IIUC kol runs from its judges absenting themselves (and the litigants can arm wrestle till the cows come home) to a one time reflection of a court action based on assuming the "right" person will win. So let's start with an easy question. When HKB"H commanded the nations in dinim (courts), did he give them direction in dispute resolution or just say you figure it out any methodology you like?
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