Law and order are the hallmarks of a functioning democratic society. The idea that someone who has suffered damage or hurt can receive fair redress through an equitable system of established justice is central to the concept of a free society that grants individual rights to its citizens. But dictatorships also provide law and order for those who live under their rule—and perhaps rather too much of it. It is in this contrast that we find an eternal contest between an ordered and properly functioning society and respect for an individual’s inherent freedoms and rights.
Anarchy and dictatorial rule are literally poles apart. The Torah addresses this issue while allowing for a great deal of human and national choice in the matter. The general tenor of Jewish tradition is to be wary of big and powerful government. Avot teaches us not to make ourselves known to government, adding that the nature of government is to demand, albeit in a seemingly benign manner, much from the individual. Thus government appears friendly and helpful when it is for its own benefit to do so—but it may be unavailable to help the individual who is hard pressed and in need of outside help. Even so, Pirkei Avot also stresses the necessity for government and the requirement to pray for its success and welfare, for otherwise civilized life could not exist. As in all matters of human existence, the Torah here demands from us a good sense of proportion, wisdom and sophistication in dealing with government and society. The Torah does not lay down absolute rules, but rather establishes general parameters for righteous judicial systems and equitable standards of law enforcement.
The Torah is clear in its condemnation of
corruption and bias, especially in judicial and legal matters. The poor and the
wealthy, the scholar and the unlettered, the well-connected and the unknown—all
are to be equal before the eyes of judges and the law. The Torah defines true
justice as being the pursuit of righteousness and fairness by just means. No
unjust means can be condoned, even in the pursuit of apparently righteous
causes.
The Torah abhors every form of corruption in all forms, basing its attitude on recognition that corruption is a natural state of being for humans. We are all somehow corrupted by our past experiences and our pre-set worldviews. It is interesting to note that, for example, the outcome of many cases brought before the United States Supreme Court is almost always predictable, given that the individual justices reflect strongly held views held before they hear an appeal. They are certainly not corrupt in the criminal sense of the word, but in the world of the Torah they are certainly not free from the taint of corruption. The Torah demands an open mind, a listening ear, flexibility of thought and an understanding of human nature and of the ways of the world from those who would serve as judges of other humans. These qualities are not found in abundance, but they are to be searched for and respected in Jewish life and law. True and absolute justice may be unattainable in this world, but the concept of true justice must always be present in all matters of Jewish law and life.
Shabbat shalom, Rabbi Berel Wein
