[Avodah] Individual vs. Society

[Rich, Joel via Avodah]

From Nishmat Avraham -I wonder if the wonder is based on the assumption that the whole is equal to the sum of its parts? (that is one could consider the effect on the justice system of a judges decision differently than an jndividual citizen's "rights")

Rav Yonah Emanuel zt"l also commented that he did not know of a source which states that it would be permissible for a Dayan to pass judgment in favor of a litigant who was guilty if he was threatened with his life to do so. He thought that nevertheless it would be difficult to believe that a Dayan would be permitted to pronounce a guilty party innocent even if he was threatened with his life, for if so this would lead to a total collapse of law and order. I wondered why this situation should be any different from any other transgression that is permitted in order to save life. And one is permitted to save oneself by robbing someone else provided that he remunerates him afterwards for his loss. [Choshen Mishpat, Chapter 1, pg. 186.]

KVCT
Joel Rich

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