March 19, 2007
Preemptive Justice in the Torah
In the book The Minority Report (The Collected Stories of Philip K. Dick, Vol. 4)
The instinctive response is that this is unjust. How can one be convicted of a crime without having done anything? However, in fact, we do already punish some individuals for only thinking or planning on committing a crime; conspiracy to commit murder and reckless driving are some examples where we punish even though nothing happened. In these cases, the behavior exhibited shows that the offender would have committed a greater offense, and so punishment is justified even though nothing was actually done (part of this depends on how you view the function of punishment, but that's a post for another day).
Beyond this, however, a deeper question arises: wouldn't it be possible that, although this person planned on committing a crime, that they would, at the last minute, for some inexplicable reason, decide not to? How can we punish, or hold responsible, someone who might, at the last minute, change their mind?
Of course, this gets into a broader discussion of man's free will, or perhaps his perception of his free will, which is a topic for another time. The question I would like to address here is: what is the Torah's perspective?
I was a bit surprised to find that the Torah, in fact, addresses this topic directly. In Devarim 21:18-21, the Torah states:
18 If a man have a stubborn and rebellious son, that will not hearken to the voice of his father, or the voice of his mother, and though they chasten him, will not hearken unto them; 19 then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place; 20 and they shall say unto the elders of his city: 'This our son is stubborn and rebellious, he doth not hearken to our voice; he is a glutton, and a drunkard.' 21 And all the men of his city shall stone him with stones, that he die; so shalt thou put away the evil from the midst of thee; and all Israel shall hear, and fear.
The famous case of the Ben Sorer, the Rebellious Child. The Mishnah goes to great lengths to show that a case of Ben Sorer is extremely unlikely to ever occur; the parameters for qualification are so specific that the Talmud goes so far as to propose that the whole parsha is simply a thought experiment. But what is the thought?
The Mishneh in the eight chapter of Sanhedrin makes this clear:
בן סורר ומורה, יידון על שם סופו--ימות זכאי, ואל ימות חייב: שמיתתן של רשעים--הניה להם, והניה לעולם; ולצדיקים--רע להם, ורע לעולם.
The Rebellious Child is judged by his future deeds; better for him to die in merit, than to die after committing a crime. For death, for evildoers is a benefit to them, and to the world, while death for a righteous individual is bad for them, and bad for the world.
We see that the purpose of the passage of the Ben Sorer is to teach that, in certain circumstances, we are so certain of the future path of a particular individual, we take preemptive action to prevent it from occurring. If we have enough information as to his background, which will inevitable inform his future actions, the Torah tells us that we can, with certainty, take preemptive measures. In the case of the Rebellious Child, those circumstances are so many and specific to the point that they will never happen, but that's not the point; for some people, the Torah feels, their past completely determines their future actions, with no hope of their exercising free will to change it. In this case, it's better to act preemptively than to let the evil transpire.
As further proof that preemptive justice is the point of the parsha of Ben Sorer, take a look at the last two mishnayos in the eighth chapter of Sanhedrin. The penultimate mishnah uses the same language that was previously used to describe the Ben Sorer: "A tunneling burglar is judged by his future deeds." In this case, as the burglar has gone to so much trouble to break into a house, if confronted by the owner, he won't hesitate to commit murder. One is, therefore, allowed to kill a tunneling burglar without fear of reprisal [this case is interesting in that the burglar is destined to commit murder only if he is confronted; so there is a potential that he will not do anything - yet preemptive justice is still sanctioned]. And the final mishnah lists those the cases where one is allowed to kill another person to prevent them from harming another, the classic example of which is the rodef, one who is chasing another person with intent to kill. Again, the example shows the sanction, in this case, of preemptive action to prevent a crime from being committed.
As strange as it may sound, we see that preemptive justice is sanctioned in specific cases by the Torah. When an individual's past, a combination of his biology and experiences, unfold in specific ways, their future actions are certain, beyond the realm of choice. In these cases, the Torah instructs that it is better to prevent the certain future event from taking place, than to allow events to unfold on their own.
December 22, 2006
The Deathly Hallows
I'm sure you've heard the news about the title for the seventh Harry Potter book's title, Harry Potter and the Deathly Hallows. Penny and I have been covering it quite extensively over on Harry Potter Prognostications, so if you're interested, please do check it out.
In my latest post, entitled: How Harry Potter Will End - The Deathly Hallows, I explain how I think the story will end, based on ideas gleaned from the title of Book 7. The religious significance of the theory I'm proposing is fairly obvious, and should not be understated.
August 17, 2006
On Jewish Fiction
A while back I meant to compose a post about the paucity of religious Jewish fiction. I did a little research and found very little in the way of serious, introspective literature that dealt with life as a contemporary Orthodox (or even traditional/affiliated) Jew.
Then I found an article by Yoel Finkelman entitled, "Medium and Message in
Contemporary Haredi Adventure Fiction" (via the now-defunct AJHistory, who also links to a bunch of good reads). I was all in a twitter. I read the article two weeks ago, and was very impressed; I would say that this article is about 40% as important as Rupture and Reconstruction. It provides a very cogent analysis and deconstruction of modern haredi culture by focusing on the kind of literature (and, by extension, popular culture) it supports. In addition, the insight into the idiom of Yair Weinstock is fascinating; when first approaching this subject, I dismissed Weinstock's work as insignificant due to it's pop/pulp nature. After reading this article, I think Weinstock's works are central to understanding modern haredi popular culture (and, if you read the article, you're spared having to read any of it).
Anyway, give the article a read, it provides excellent insight into modern haredi culture, as well as affirms and presents what I have been thinking for a while about the Orthodox Jewish world. Triumphilism be damned. Good stuff.
May 22, 2006
Kosher Magic
Menachem Kellner (with the help of his daughter, Rivka Kellner) has gone and combined two of my favorite topics: Rambam and Harry Potter. At a recent conference they presented a paper entitled, "The Magic of Science and the Science of Magic: Harry Potter and Maimonides." In the paper, the Kellners discuss whether the magic used at Hogwarts is of a scientific or supernatural nature; the upshoot being that Rambam would acknowledge the possibility of the former, and disapprove of the later.
"Nothing in Harry Potter's world is based on anything that is in principle impossible to know," according to the Kellners. "The magic of that world is not supernatural. It is based on aspects of the natural universe of which we humans are simply unaware. There are no occult properties or forces beyond investigation. In principle, there is an explanation for everything, even if Albus Dumbledore [headmaster of the Hogwarts School] himself doesn't always know what it is."
I agree, to some extent, but to characterize the magic of Hogwarts as purely scientific is incorrect. There is no question that JK Rowling's magic is scientific in nature, and does not dabble in the occult or pagan (and pshaw to anyone who says that it does). It manifests itself as a technology, which can be studied and learned to some extent by any individual. But unlike our science and technology, there is an additional aspect to this magic that is not present in our technology. Modern science allows even the most numbskulled of persons to wield unimaginable power, without regard to any personal virtue. The Magic of Potter, on the other hand, is highly correlated to the individual's level of self-awareness and social conciousness. Although the basics of magic can be learned by just about anyone, just as you or I can surf the web or drive a car, the higher levels of magic require expression in one's soul before they can be accessed.
The perfect example: Harry is unable to cast an "avada k'dabra" curse, because he lacks sufficient hatred. In contrast, our science has enabled us to take another's life from a distance, with a bomb or a missle, without manifesting the requisite hatred in our souls; killing someone in cold blood, on the other hand, does. Rowling's magic is scientific, but not mechanical; it is pshchological.
For more, see this post on Harry Potter Prognostications.
If by chance anyone reading this has access to the Kellner's paper, and could arrange an owl to deliver it to me, I would be much obliged.
[via KesherTalk; hat tip SoccerDad]
May 17, 2006
What's Up, Rick Hunter?
The cool thing about Robotech: Harmony Gold wanted to do a mecha/anime show for the US market, but didn't have enough episodes from any single Japanese series to fill up a whole season. So instead they took three seperate series, created a completely new story using the existing moving images as a basis, and retrofit their story on top of the existing footage. The end result is a unique, single continuous and coherent narrative, totally different in meaning than the original component narratives.
And it comes off pretty good. Granted, it's a bit hard to follow at times (OK, so the bad guys are these giant aliens...no wait, they really work for these mind control guys who travel in groups of three...who were really the good guys fighting a race of killer robot alien botantists...), but, to a kid, it makes figuring it all out all the more interesting.
Reminds me of something...can't quite put my finger on it. Oh yeah! What's Up, Tiger Lily! Phew, that was a close one.