[Avodah] birur vs hanhaga in other legal systems

[Micha Berger]

On Wed, Dec 27, 2017 at 09:51:45AM +0000, Rich, Joel via Avodah wrote:
: There's a lot of "Brisker Torah" on the differentiation between
: halachically resolving doubts by birur (clarification/resolution of
: doubt) versus hanhaga (we still have a doubt but must move forward while
: not resolving the doubt)....                        Is anyone aware of
: any parallels to this differentiation in other legal systems?

I think the notion of birur involves the Brisker belief that a chalos
sheim is ontologically a metaphysical reality. So, birur creates a
"thing", not just a step in legal reasoning.

In non-religious legal systems, a legal state is merely a concept to
simplify explaining the law's ruling. The conceptual distinction you
are asking about may be impossible to define.

Tir'u baTov!
-Micha

-- 
Micha Berger             Man can aspire to spiritual-moral greatness
micha at aishdas.org        which is seldom fully achieved and easily lost
http://www.aishdas.org   again. Fulfillment lies not in a final goal,
Fax: (270) 514-1507      but in an eternal striving for perfection. -RSRH