- For our wives
- Introduction: Why Study Jewish Ethics?
- Jewish Ethical Theories
- Ethical Theory and Practice in the Hebrew Bible
- Ethical Theories in Rabbinic Literature
- Ethical Theories in Jewish Mystical Writings
- Ethical Theories among Medieval Jewish Philosophers
- Spinoza and Jewish Ethics
- Mussar Ethics and Other Nineteenth-Century Jewish Ethical Theories
- Ethical Theories of Hermann Cohen, Franz Rosenzweig, and Martin Buber
- Ethical Theories of Mordecai Kaplan and Abraham Joshua Heschel
- Ethical Theories of Abraham Isaac Kook and Joseph B. Soloveitchik
- Ethical Implications of the Holocaust
- Ethical Theories in the Reform Movement
- Ethical Theories in the Conservative Movement
- Ethical Theories in the Orthodox Movement
- Ethical Theories in the Reconstructionist Movement
- Feminist Jewish Ethical Theories
- Postmodern Jewish Ethical Theories
- Topics in Jewish Morals
- Jewish Bioethics: The Beginning of Life
- Jewish Bioethics: The End of Life
- Jewish Bioethics: The Distribution of Health Care
- Jewish Bioethics: Current and Future Issues in Genetics
- Jewish Business Ethics
- Jewish Sexual Ethics
- Jewish Environmental Ethics: Intertwining Adam with Adamah
- Jewish Animal Ethics
- Jewish Ethics of Speech
- Jewish Political Ethics in America
- Jewish Political Ethics in Israel
- Judaism and Criminal Justice
- Jewish Ethics and War
- BIBLICAL SOURCES: RABBINIC AND SELECTED MEDIEVAL CITATIONS
- SUBJECT INDEX
Abstract and Keywords
This chapter explores Jewish criminal justice, first discussing the rationales that make punishment moral and not just an exercise of sovereign power. It then addresses capital punishment, decreed for thirty-six different offenses in the Torah but made virtually inoperative by the Rabbis. Next, the chapter turns to what makes a defendant criminally liable, describing the conceptions of causation, joint offenders, criminal intent, and defences in Jewish law; with that as a foundation, it asks whether there is anything like a victimless crime in Jewish law. Finally, it describes the lessons that Western criminal justice can learn from both the content and the processes of Jewish criminal law.
Laurie L. Levenson is the David W. Burcham Chair in Ethical Advocacy at Loyola Law School, where she teaches evidence, criminal law, criminal procedure, and ethics. She also serves as the Director of Loyola’s Center for Ethical Advocacy. She served for eight years as an Assistant United States Attorney in Los Angeles. She received her J.D. in 1980 from UCLA School of Law and her undergraduate degree from Stanford University in 1977. She was Chief Article Editor of the UCLA Law Review and a clerk for the Honorable Judge James Hunter, III, of the U.S. Court of Appeals for the Third Circuit. She has authored over a hundred articles and nine books. She recently contributed an article on capital punishment to Jewish Choices, Jewish Voices: Social Justice (edited by Elliot N. Dorff and Danya Ruttenberg). Finally, she is an international commentator on high-profile cases and criminal justice.
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