The tannaim and amoraim greatly restricted the practical applications of biblical punishments. At the same time, they invented alternative punishments that have no roots in biblical mandates, thereby demonstrating that they are not opposed to the notion of punishment itself. This dissertation examines the rabbinic criminal punishment as it is developed in the tannaitic literature and Talmudim, focusing on rabbinic power-conferring rules that permit punishment against Torah law and createa special royal jurisdiction as well as three specific punishments of rabbinic origin: kipah, rabbinic lashes, and the ban.
An examination of these punishments reveals that the rabbis of the talmudic period created a system of punishment that grants individual judges discretion over which punishment to impose, if any, thereby shunning the mandatory sentencing that characterizes biblical punishments. Punishments vary from locality to locality and are dependent on the identity of the offender. Rabbis may also have preferred rabbinic punishments over biblical punishments because their implementation required little bureaucratic or administrative power
Halakhah in the Making offers the first comprehensive study of the legal material found in the Dead Sea Scrolls and its significance in the greater history of Jewish religious law (halakhah). Aharon Shemesh's pioneering study revives an issue long dormant in religious scholarship: namely, the relationship between rabbinic law, as written more than one hundred years after the destruction of the Second Temple, and Jewish practice during the Second Temple. The monumental discovery of the Dead Sea Scrolls in Qumran led to the revelation of this missing material and the closing of a two-hundred-year gap in knowledge, allowing work to begin comparing specific laws of the Qumran sect with rabbinic laws. With the publication of scroll 4QMMT-a polemical letter by Dead Sea sectarians concerning points of Jewish law-an effective comparison was finally possible. This is the first book-length treatment of the material to appear since the publication of 4QMMT and the first attempt to apply its discoveries to the work of nineteenth-century scholars. It is also the first work on this important topic written in plain language and accessible to nonspecialists in the history of Jewish law.
Drawing on his twenty-five years of groundbreaking research on moral psychology, social psychologist Jonathan Haidt shows how moral judgments arise not from reason but from gut feelings. He shows why liberals, conservatives, and libertarians have such different intuitions about right and wrong, and he shows why each side is actually right about many of its central concerns.
In this subtle yet accessible book, Haidt gives you the key to understanding the miracle of human cooperation, as well as the curse of our eternal divisions and conflicts. If you’re ready to trade in anger for understanding, read The Righteous Mind.