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I like it. Or perhaps they try a attack in VV. |
I was putting IC leader-name instead of IC nation-name. Fixed it! |
Alright, we have made our map claim (on the forum) https://www.tapatalk.com/groups/baradoz/map-claims-t29.html We also made a forum-version of our Factbook https://www.tapatalk.com/groups/baradoz/the-confederacy-of-twelve-israelite-tribes-t428.html . San Lumen and Silpes |
I thought about that, but I don't see a reason why they would attack Acamos since Acamos isn't involved in the railgun project. |
makes sense. |
If there's no objections I'm adding a minor rule change to the map requests, if you're asked to clarify a claim, and no action is made on a reasonable time, the claim is revoked, and you have to make it again. So basically if you make a claim and a request for clarifacation is made but you never respond to the clarifacation request within a reasonable time (a week or so) it's just going to be treated as if the claim was never made. So if you sleep on your claim while there's a pending request, and someone else comes along and claims the same land, you lose. In other words, if anyone is familiar with real estate/propery law, this is a race jurisdiction, and first to record wins possession of the land, and you record by getting put on the map. |
Grangale do you want me to write their arrival in VV? I dont mind doing it. |
Sure, I left it off where Acamo's boarder guards find them. We can do a couple day time skip to get things moving along since one of them was sick and we can have them taken to a medical facility first for a couple of days. |
New #facts in! The Law of Israel
Criminal Law is dictated by the judges of the rabbinic courts, which are deemed to be agents of God, and indeed the word used for such judges in the Bible is often the same as one of the names of God—a name that denotes His aspect of strict justice. The judges themselves are compassionate men of the highest intellectual and moral standing and are very fearful of committing judicial error, seeking to emulate God's justice by taking exquisite care to adhere to the rules, thus assuring that the innocent are not convicted. These rabbinic tribunals are courts of general jurisdiction, with authority to adjudicate both criminal and monetary cases. The rules governing criminal matters are of course stricter, as is true in American law. Thus, for example, only three judges are necessary to hear monetary matters, whereas twenty-three–judge courts are given exclusive authority to adjudicate capital cases. Furthermore, the rabbinic courts deal not only with violations of what would be viewed as religious tenets, such as desecration of the Sabbath and idolatry, but also what we define as common law crimes, such as murder and kidnapping. Thus, in our law there is no distinction between religious law and civil law; all of the law is religious––that is, of divine origin. The rabbinic legal system itself is sui generis and so extreme in protecting both the innocent and the guilty that some argue the safeguards afforded the defendants in criminal cases are merely idealistic and pedagogical, and are never actually implemented or intended to be implemented. Regardless of the validity of this assertion, it is undisputed that the rules constraining the rabbinic courts in criminal cases constitute our normative law. The various evidentiary, procedural, and substantive barriers to imposition of punishment by the rabbinic courts amount to a supercharged Bill of Rights. These barriers serve to make capital punishment or flogging a rarity. This truth is captured in a Mishnah that discusses whether the "Bloody Sanhedrin" was a court that had sentenced one person to death within a seven- or in a seventy-year period. Two Rabbis then assert that, had they been on the court, no person would ever have been convicted or executed. This extreme position prompted one of their contemporaries to warn that the effect would be to multiply murderers in Israel. What, however, is the meaning of the two Rabbis’ extreme statement? Surely they are not asserting that they would simply disregard the law of capital punishment and try to outdo even God’s mercy. How then would these Rabbis have prevented infliction of the death penalty? Later Sages opine that they would have asked the witnesses whether they could swear that the victim was not a treifah––one who is so ill that he would die within twelve months and therefore considered legally dead for purposes of capital punishment law. Moreover, even if a witness could answer that the person was not a treifah, the two Rabbis would then have asked him to swear that there was no wound already present at the point where the blade entered the victim’s body, which, if true, would still render the victim a treifah for whose death the defendant could not be executed. Since it is always possible that the weapon obliterated a preexisting wound, no one could ever be lawfully executed, thus rendering capital punishment more theoretical than real. Leaving aside this admittedly evasive strategy, the obstacles to conviction are formidable. The substantive, procedural and evidentiary safeguards afforded the defendant are, particularly when viewed in their totality, simply breathtaking. The most famous is the two-witness requirement. These witnesses must be competent and must warn the suspect that the conduct in which he is engaging is prohibited, and that, if carried out, will subject him to capital punishment. Furthermore, the suspect must verbally acknowledge receipt of the warning and then proceed to commit the crime completely in the witness’ view. Such eyewitness testimony is the only valid method of proof. This means that circumstantial evidence, no matter how convincing, and confessions, no matter how voluntary and trustworthy, are irrelevant in establishing guilt. Moreover, if there are discrepancies between the witnesses, even as to relatively minor matters, their evidence is excluded. The twenty-three judges who hear the capital cases interrogate the witnesses rigorously, inquiring even with respect to the most tangential facts, such as whether the stems on a fig tree, the situs of the crime, are thick or thin. The judges then discuss the case overnight, seeking any possible basis for acquittal. As the convicted defendant is being led to the execution site, which must be at a distance from the court, officials shout out the defendant's name and crime and ask if any persons have information that would exculpate him. Moreover, even at this late stage, the condemned as well may ask to be returned to court to offer an argument in favor of acquittal. Substantive barriers to conviction likewise abound. There is no accomplice liability, no matter how much assistance the actor may have rendered to the principal. Crimes are strictly defined; murder, for example, requires intent (not recklessness) and premeditation, and is governed by extremely stringent rules of causation. Thus, if the accused ties up his victim so that he will die of starvation, that is viewed as an indirect killing that is not punishable by the rabbinic courts. Penal provisions must be explicitly stated and may not be expanded by logical deduction to cover other offenses that are analogous. These substantive restrictions apply not only to malum in se wrongs such as murder, but also to offenses that are, so to speak, malum prohibitum. For example, the law of the stubborn and rebellious son in Deuteronomy 21:18–21 illustrates the substantive limitations placed on a "statutory offense" whose sanction of death by stoning seems unduly harsh and disproportionate. Talmudic law requires, inter alia, that the "wayward and rebellious" boy be between the ages of thirteen and thirteen and six months, that he eat and drink a certain amount of meat and wine, that he steal money from his parents to buy that amount of food and drink, that the parents not be lame, mute, deaf, or blind, and that they consent to their child’s execution. Indeed, these many restrictions led one Sage to conclude that there "never has been a stubborn and rebellious son…and never will be." Given these and numerous other safeguards, our law makes it almost impossible for the rabbinic courts to condemn an innocent person. Indeed, the breadth and depth of these limitations make even the conviction of the guilty in that forum an unlikely prospect. At the same time, our jurisprudential system does include escape valves that facilitate convictions in certain limited circumstances. In the rabbinic courts themselves the rules can be relaxed temporarily in times of emergency and in the case of certain repeat offenders who, although factually guilty, have previously escaped conviction because of a "technical loophole." These exceptions notwithstanding, it is clear that our normative law operative in the rabbinic courts makes the judicial system a criminal defense attorney’s dream tribunal and a prosecutor’s worst nightmare. Thus, notwithstanding these formidable strictures making it almost impossible to convict, the rabbinic courts are not helpless in the face of widespread lawlessness. The rabbinical courts are empowered to suspend certain procedural guarantees and, in circumscribed situations, to mete out punishments not ordinarily allowed by law. These powers exist in two contexts. First, the courts can take such action in times of emergency, when there is a substantial threat to the community as a whole, as when there is widespread or general public disregard of the law and severe remedial action is required. Faced with such conditions, the rabbis are authorized to dispense with evidentiary safeguards, and to mete out punishments, including the death penalty, that were not otherwise prescribed for given misconduct. The wrongdoers on whom such punishment is imposed are not necessarily habitual offenders; nor are the offenses necessarily the most serious ones. Although there are a few recorded instances of the exercise of the emergency authority, its use is related primarily to losses of ordination authority, which result in the inability of the rabbinic courts to impose criminal sanctions without resort to the exigency jurisdiction. All in all, this emergency exception is of limited duration, confined to extraordinary situations, and subject to other restrictions as well. As Maimonides, the renowned twelfth century commentator, codifier, and philosopher, noted, "Whatever measure [the court] adopts is only a temporary one, and does not acquire the force of the law, binding for all time to come." Second, in specified cases involving murderers and certain repeat offenders, procedural irregularities and enhanced punishments are also permitted in rabbinical courts. Rather than emphasizing general societal breakdown, the focus in the two Mishnahs applicable to this exception is on the individual wrongdoer who may otherwise escape punishment because of certain procedural defects. In such cases, the court is empowered to imprison the malefactor, give him bread and water to shrink his intestines and then feed him barley bread "until his stomach bursts." The first Mishnah deals with an habitual offender who has repeatedly committed transgressions punishable by extinction through an act of God; he is punished by the worldly tribunal because "he has abandoned himself to death," with the court merely hastening that process. The Mishnah applies this punishment to those who have been flogged twice for their misdeeds, thus establishing procedural regularity with regard to the prior convictions. The Gemara, however, extends the punishment to a transgressor who escaped prior sanctions because he remained silent in the face of a warning that he was about to commit a punishable offense. Our law requires that a defendant explicitly acknowledge receipt These exceptions, however, are limited by time and context. Excluding these limited exceptions, our normative law seeks to make conviction a rarity notwithstanding the possible danger to the social order. Why does the law do that? The talmudic Sages give us rules, but generally not rationales, other than God's inscrutable Will. Nonetheless, working backward inductively from the law's results, we can formulate various hypotheses to explain the extremes of making acts criminal while at the same time making it almost impossible to punish the transgressors. We can conjecture that life is precious and holy, and should be taken only when the defendant's acts publicly demonstrate total disregard for God's law and utter contempt for His rules, as well as the lives and souls of others; or that our law is a symbol of divine perfection, in that it never permits the conviction of an innocent person––with only one possibility of legal error which is authorized in order to preserve the distinction between man and God; or that punishment inflicted by man is of necessity imperfect, and therefore to assure perfection in this arena, God opts to punish most transgressors Himself; or that the rules precluding easy conviction comprise a resolution of the tension between the need to put a value on human life, which has meaning and purpose, by declaring that the murderer’s life is forfeit, and at the same time, given the fallibility of human justice, making it difficult to take even that life away; or that condemnation of only the manifestly guilty assures complete respect for all the laws; or that obedience to these rules allows people to exercise their faith in God by adhering to laws that defy human logic, and seemingly permit murderers and other wrongdoers to proliferate; or that lax rules would result in greater judicial error, which in turn would lead to divine punishment for judges, God’s agents for dispensing justice in the world; or that the Whatever the rationale or rationales, and here we must bow to enigma, it is clear that our normative law is sui generis, an extraordinary criminal justice system that Contents (Part I) 1 The 10 Commandments, Coveting & Actus Reus 2 Prohibition Against Self-Incrimination —A Biblical Sources —B Mishnaic Era Sources 3 Lex Talionis v. Rex Legis 4 Mitzvot —A God —B Torah —C Signs & Seasons —D Prayers & Blessings —E Love & Brotherhood —F Poor & Unfortunate —G Treatment of Gentiles —H Marriage, Divorce, & Family —I Forbidden Sexual Relations —J Times & Seasons —K Dietary Laws —L Business Practices —M Employees, Servants & Slaves —N Vows, Oaths & Swearing —O The Sabbatical & Jubilee Years —P The Court & Judicial Procedure —Q Injuries & Damages —R Property & Property Rights —S Criminal Law 5 Mitzvot, Continued 6 See Also The Ten Commandments, Coveting & Actus Reus The Ten Commandments The Ten Commandments also known as the Decalogue, The Ten Commandments, from which we believe all of the 613 commandments of Israelitic law are derived, can be categorized in several ways. They reflect three types of precepts—those of the heart, tongue, and hand (act). The first five commandments deal with the relations between man and God (all of the first five have God's name in them), and the second with relations between man and man. In the first two commandments God refers directly to Himself in the first person, and in the other eight he refers to Himself in the third person. Further, they are divided into positive obligations and negative rules, and are arranged on two tablets. They also appear in two places in the Torah: Exodus 20:2–14, and Deuteronomy 5:6–18. The two versions of the verses are not identical and thus provide a rich source for commentary. The last admonition––do not covet––is called the "most puzzling of all the Ten Commandments, which is a prohibition applying to the sphere of thought and feeling." On its face, the offense of coveting is a completely mental crime, without a trace of actus reus. It is even less than an omission, which, under certain circumstances, can be There is of course another completely mental crime in the Ten Commandments—the first one which simply says "I am the Lord your God, Who delivered you from the land of Egypt, from the house of slavery." It is framed as a statement rather than an order. Many traditional commentators, however, interpret it as a positive commandment to believe in God. Thus, while it is a mental crime––a precept of the heart––it is an affirmative obligation, whereas the admonition against coveting is a negative commandment. Nonetheless, the First Commandment, to believe in God, is not as moving as much as the prohibition against coveting because it is natural for the Giver of the Law Who performed miracles and redeemed the Israelitic people from slavery, to demand belief in His existence and power. As with coveting, it is a completely mental offense, addressed to the hidden mind, heart and soul. Thus, mental crimes introduce and end the Ten Commandments, which in Hebrew are called the Aseret Ha Dibrot, literally, the ten statements, or words, or sayings. As we shall see, however, despite their seeming polarity, there is a strong connection between the two. Israelites are constantly asked to examine their behavior as well as thoughts that may ultimately lead to harm, and, therefore, as the old joke goes, we all suffer from varying Furthermore, just as in other legal systems, the defendant must commit an act, the whole act––attempts are not cognizable. Words are not considered an act unless the words themselves are prohibited, such as inciting people to worship idols. Given that backdrop, the prohibition against coveting seems even more disparate. Yet there is a value in prohibiting this mental offense. It is the ultimate deterrence to bad acts, and indeed it is argued that all crimes stem from coveting. If one must root out the fantasy, thought, wish, desire or intent, the likelihood of turning the thoughts into fixed plans and then into actions such as theft or robbery or murder or rape becomes much less likely. Still, the lack of actus reus and the legal apparatus that would be needed to enforce this law makes for some uneasiness. But as it turns out, however, the concerns about the lack of actus reus for coveting is not as dangerous as it seems. In Deuteronomy 7:25 God told our Israelite people that when they occupy the Holy Land, we should burn the graven images of other gods, and admonished that "you shall not covet and take for yourself the silver and gold that is on them, lest you be ensnared by it." Since the word "covet" is followed by the action of "take for yourself," commentators argue that the word covet in the Ten Commandments is similarly circumscribed. In accordance with this view, the Sefer Ha Hinnuch, a thirteenth century commentary on the commandments, notes that the ban on coveting is not "truly, finally broken until some action is taken about it." That does not, however, completely solve the problem. Recollect, that the Decalogue is given twice. Thus the prohibition against coveting is written once in Exodus 20:14 and once in Deuteronomy 5:18. The Hebrew word used for covet in Exodus 20:14 is tachmod. In Deuteronomy 5:18 the commandment reads: "And you shall not covet (tachmod) your fellow's wife, you shall not desire (titaveh) your fellow's house,…." Some commentators note the distinction and ascribe different meanings to the two words. Desire is in the heart, whereas covet requires an action. This is learned from biblical sources. We have already noted that covet in Deuteronomy 7:25 is followed by the word "take," connoting action. The meaning of the word titaveh in Deuteronomy 20:18 is learned from Deuteronomy 12:20: "when your soul desires (titaveh) meat." Maimonides follows this distinction in his book The Commandments. In the volume dealing with negative commandments, Maimonides gives two separate commandments dealing with the issue of wanting what others have. In commandment 265, entitled "Planning to Acquire Another's Property," he says: "By this commandment we are forbidden to occupy our minds with schemes to acquire what belongs to another of our brethren…. The prohibition applies only to putting the desire into practice…. [T]his negative commandment forbids us to scheme in order to acquire anything belonging to our brethren which we covet, even if we buy it and pay its full price." On the other hand, in commandment 266, entitled "Coveting Another's Belongings," he says, "By this prohibition we are forbidden to set our thoughts to covet and desire what belongs to another, because this will lead us to scheming to acquire…. The first, (#265) prohibits the actual acquisition of what belongs to another; the second (#266) forbids us even to desire and covet it." The upshot is that, according to Maimonides and many other commentators,there is a prohibition against mere desire, without a need for an act. In light of the strictness of our criminal law, why do we take this position? A modern commentator on the 613 commandments, Rabbi Chill, follows Maimonides and also breaks the sin of coveting into two categories. In the first scenario, the person desires another's possessions, but he is merely daydreaming or fantasizing. That violates the commandment in thought but not act. In the second case, there is coveting, but the actor attempts to talk the owner into giving up his possessions, or even to use undue influence to persuade the owner to sell the article. That is a violation of the sin of coveting in deed. If the covetor goes on to steal the article, he is guilty of three offenses: "envy in thought, envy in deed, and theft." Another commentator argues that the difference between the words tachmod and titaveh is that the latter refers to desire regarding an object without having seen it, whereas tachmod applies to one whose desire is stimulated by seeing the object. On the other hand, the Sefer Mitzvot Gadol says flatly that tachmod and titaveh "mean the same thing." The latter's difficulty is if one accepts that there is a difference between tachmod and titaveh, it means that wanting someone's house is worse than wanting someone's wife, which is somewhat problematic. On the other hand, they are not absolute synonyms. Torah scholars spend their lives parsing words and even letters in the Torah to derive the true meaning. Why should the Torah use two different words unless it sheds some light on what God is trying to communicate? Therefore, there must be a reason for God to prohibit mere naked desire of another's goods. One possible answer is that given by Maimonides—to prevent the progression from thought to scheme to action. Maimonides claims that mere desire will lead to coveting and then to robbery. In Maimonides's Code on the Mishnah Torah he also makes the above distinction, but then goes on to note that if the owner resists the covetor's attempt to rob him, the covetor will then be led to bloodshed. In this view, God is creating a fence around the Torah prohibitions against evil acts, pushing the fence far back, beyond attempts or conspiracy. Many rabbinic laws, perhaps in imitation of God, are promulgated for the same reason. For example, the Torah prohibits certain activities on the Sabbath. The Rabbis then decreed that one is not permitted to handle objects which, if used for its purpose, will result in violating the Sabbath. So one cannot handle a pencil or pen because one might come to write with it and thus desecrate the Sabbath. Another reason is to provide proof that the Torah comes from God. It is clear that violation of a "thought crime" cannot be punished by the human courts. Judgment must then be up to God, since He would not impose a law which cannot be enforced. We know that God can judge guilt to a hair's breadth, unlike the human courts, and will not over or under punish us. As Rabbi Samson Hirsch noted, the prohibition against coveting is itself proof that the Torah comes from God. Human kings and rulers can only punish deeds, that which is seen, but God can read our most intimate thoughts and therefore the prohibition against coveting is there to tell us of God's omniscience. What God prohibits, God can punish. He leaves deeds to the human courts and thoughts to Himself. The commandment against coveting has yet a deeper thrust. When God tells us not to covet, it is incumbent upon us to try to root out the envy we feel. We can do this by physical means, such as banging our heads against a wall, or running around and screaming to get rid of the idea, or we can do it intellectually, by reasoning and exercising faith in God who decreed that we should not have that which we want, thus creating a connection between the First and Tenth Commandments. If one believes in God, he will not transgress any of His commandments. Being covetous is thus a sign of a lack of faith in God. Furthermore, by prohibiting coveting, God demonstrates that humans have control over their feelings and emotions and intellect, not just their acts, and can sanctify their Thus, God's determination to prohibit coveting creates a new class of commandments: We may…speak not only of commandments devoted to the relation between man and his fellow man, and those between man and God, but also of those devoted to man and himself, his inner moral perfection, a catharsis of emotion and attitudes. That being the case, the lack of actus reus is not as problematic as it would appear to the traditional notions of other criminal legal systems. Prohibition Against Self-Incrimination Two legal precepts expressed in the first five books of the Old Testament (also known as the Torah or Chumash) are the textual source of the rule in Israelitic law barring self-incriminating testimony. According to Deuteronomy 19:15: One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth; at the mouth of two witnesses, or at the mouth of three witnesses, shall a matter be established. This provision is interpreted literally, and constitutes the exclusive method fordetermination of guilt in criminal proceedings. Taken by itself, however, the verse still allows the possibility that a confessing defendant could be counted as one of the two witnesses required to convict. That possibility was ruled out by a somewhat surprising source. Deuteronomy 24:16 the other biblical foundation for the Talmudic prohibition against confessions, provides: The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers; every man shall be put to death for his own sin. Read literally, this verse would seem to be concerned solely with preventing conviction based on consanguinity. Rashi the master commentator on the Torah and the Talmud, tells us, however, that, on the authority of the oral tradition, the Sages interpreted the law as also relating to the exclusion of testimony by relatives. The Rabbis went on to ask, who is closer to a person than himself? And they concluded that the accused was his own kinsman and that his own confession was consequently precluded in criminal matters. Taken together then, these two passages from Deuteronomy afford a Scriptural basis for the proposition that the testimony of the accused could not be included in determining whether there were the prescribed number of witnesses necessary to establish guilt. Therefore, even if there was one witness or other evidence corroborative of the defendant's guilt, his confession remained inadmissible. Perhaps the most striking aspect of this examination of sources is that such an important rule of law is left to be deduced rather than being explicitly stated in the Torah. A subsidiary question is why the rule against self-incrimination is derived from the broad requirement of two witnesses to convict and the more specific prohibition against testimony by kinsmen. Why the bar against confessions was left to be deduced is ultimately unknowable. It is part of the larger question of the basis for the division between Written and Oral Law The question why the self-incrimination prohibition was derived in part from the two-witness rule––or, stated another way, why the two-witness rule is explicit and the prohibition implicit––can be answered both logically and philosophically. The two-witness requirement is a broad law of general applicability, a basic prerequisite for criminal conviction. It is a positive enactment that is at the core of the Jewish system of criminal justice. The prohibition against self-incrimination, on the other hand, is a more specific evidentiary provision, precluding admissibility of a particular type of testimony. While admittedly reflecting a basic philosophical view concerning the extent to which the individual is required or permitted to assist the government in its prosecution of him, it is ultimately a negative command on which the rest of the system is not logically dependent. Although both the two-witness rule and the bar against inculpatory statements may be viewed as means of assuring reliability in the fact-finding process, the reliability effected by the two-witness rule is all-embracing, whereas the trustworthiness attained by virtue of the prohibition against confessions relates to its more limited context. Thus, while the overarching two-witness rule provides a framework within which the privilege easily rests, the two-witness rule could not have been derived from the bar against inculpatory statements. At the same time, the two-witness rule, as interpreted by the rabbis, defined society's expectations of its members' obligations in the criminal process, but perhaps on an even more fundamental level than the prohibition against confessions. Using the two-witness rule as a springboard, the Sages made it extremely difficult to convict anyone of a crime and thereby affirmed the sanctity of each individual's life, no matter how evil his conduct might appear. Accordingly, although the no-confession precept does not flow inexorably from the two-witness rule, its derivation is neither strained nor illogical. It may be harder to ascertain the appropriate connection between the prohibition against confessions and the kinsmen testimonial rule. To be sure, once one accepts the validity of the kinsmen rule, it is not irrational to assert that the prohibition against self-incriminating statements is an extension of it. Presumably the same grounds for regarding a kinsman's testimony as inadmissible would apply to the ultimate kinsman, that is, the accused himself. Indeed, both the kinsmen rule and the prohibition arguably share The question then is why a relative's testimony is made inadmissible. The argument that kinsmen are barred from testifying because of their natural bias in favor of the accused is belied by the rule's prohibition of such testimony both for and against the defendant. Furthermore, the Mishnah's specific rejection of a similar rule of disqualification for unrelated friends and enemies of the suspect suggests that prejudice of the witness either in favor of or against the defendant may not have been the underlying rationale for disqualification of kinsmen. On the other hand, the kinsmen prohibition may reflect a basic distinction in this regard between relatives and friends—a view that, unlike bias based on friendship, family prejudices in either direction are simply too deep-seated to be overcome. Moreover, friendship is subjective, and in a small community or tribal setting, it might encompass so many people that few would remain eligible to testify if all friends are barred, whereas consanguinity is an objective criterion whose application can be more easily contained. Testimony of a friend has a limited social impact, for the most part affecting only a particular relationship, while testimony by a relative may disrupt an entire family unit. However that may be, the traditional teaching is that the rule barring familial testimony is a decree, that is, a law whose rational basis cannot be discerned by human beings. That the transcendent rule against self-incrimination is left to inference, and was ultimately derived in part from a law based on divine fiat is, depending on one's point of view, either sublimely reassuring or intellectually disquieting. The Torah teaches, moreover, that while a person is unique, he or she is not an isolated organism adrift in the mass of humanity, but rather a link in a genetic chain that transmits character and characteristics. Natural human egocentricity might nonetheless lead us to think that the family-based kinsman rule would be inferred from the individualistic prohibition against self-inculpatory statements. Such a deduction, however, would be quite difficult to make. The opposite derivation, which reasons from the kinsman rule to the prohibition by way of the intermediate thought that a person is most closely "related" to himself, is simpler, albeit not easy. This way of tracing the linkage between family and self—between the rule against kinsmen's testimony and the prohibition against self-incrimination—may also be seen as a means of reinforcing the biblical teaching that who you are depends at least in part on who your forebears were. Thus, the seemingly paradoxical derivation may be designed to help us view ourselves from this broader familial perspective. What may therefore initially be regarded as no more than a series of antiquated and hyper-technical rules revolving around consanguinity, may upon reflection be understood as delineating the relationship of the individual to the family, and as providing the source of one of the most fundamental rules defining the individual's relationship to the state. We may ask one final question about these biblical roots of the prohibition: Why is it necessary to derive the prohibition against confessions from two verses rather than one? To the extent that the two-witness requirement is based on reliability concerns, the ban against confessions, like its source in the two-witness rule, reflects an interest in the trustworthiness of the fact-finding process. At the same time, although the kinsmen rule may also have a reliability aspect, it manifests privacy concerns as well, and the self-incrimination law may likewise reflect a privacy value. Thus, the multiplicity of sources suggests a multidimensional facet to the ban on confessions. Taking this hypothesis a
A number of texts from the early Mishnaic, or tannaitic, period (redacted approximately 200 C.E.) shows that the law precluding confessions was already entrenched at that time. Two of these sources have as their focal point the criminal justice process. They describe the respective roles of witnesses, judges, the judges' disciples, and the accused at the trial. According to these texts, after the testimony has been completed, if the judges do not immediately acquit the accused, they begin their deliberations. During this stage witnesses are not permitted to speak either for or against the defendant. If one of the judges' disciples wishes to speak on behalf of the defendant, he and his statement are received graciously by the judges. If the accused says, "I wish to argue on my own behalf," he is heard. If, however, the accused wishes to speak against himself, he is silenced with a rebuke. Only judges may speak both for and against the defendant. Since the person charged is not allowed to make a negative statement, these texts arguably provide support for a prohibition against self-incriminating testimony. Because, however, all parties are discussed together in this context, these two sources alone leave it unclear whether the inability of the defendant to speak against himself stems independently from the prohibition against self-incrimination or from a more general rule governing procedure during the deliberative process and authorizing only judges to speak against the accused at that stage, or whether it is derived from both. Two other Mishnaic sources refer explicitly to the bar against self-inculpatory statements in criminal cases, but do so in the framework of debates concerning civil litigation. In a discussion about the status of admissions in civil cases, the Sages asked: "Or shall we say that just as in capital cases a person's confession cannot be used as a basis for his conviction, so too in monetary cases? [No.] The Torah teaches that if a person admits he injured another's foot, he must pay." The point of this somewhat oblique passage is that even though many court procedures applied in both criminal and civil cases, the Rabbis have determined that the prohibition against self-incrimination is not within this category; consequently, one who admits injuring another person is thereby liable to pay compensatory damages. In concluding that the prohibition against confessions does not apply in this civil context, the above statement suggests that the rule precluding self-inculpatory statements in criminal cases is well established. Similarly, in examining whether the testimony of a single witness can require a defendant to take an oath in a civil case, another tannaitic text states, almost as an aside, Another affirmation, albeit indirect, of the rule barring confessions in criminal matters appears in an early tannaitic discussion of admissions in cases involving fines. In such proceedings, for example, an action against a thief to recover a multiple of the value of the stolen goods, a confession generally renders the defendant immune from liability for the fine. On the other hand, an admission of indebtedness in a garden-variety civil monetary proceeding, such as an action on a promissory note, is treated as a binding concession of liability, the tannaitic maxim being that admission of an obligation is equivalent to the testimony of one hundred witnesses. Criminal cases thus appear to occupy the middle ground in the tannaitic legal world. The effect of confessions in civil cases involving monetary compensation is to render the defendant absolutely liable, whereas with regard to penalties the effect is generally the opposite, namely, immunization. It is only in criminal proceedings that the admission of the accused is not made dispositive. It is rather, in a sense, completely disregarded. The accused who confesses is neither immunized nor found guilty on that basis; instead, if there is sufficient extrinsic evidence—two witnesses—he could be convicted notwithstanding his confession. One way to explain the differing evidentiary rules in civil, criminal, and fine proceedings is as a function of the varieties of judicial authority under our law. In cases in which a court has to determine ab initio whether liability exists, it is exercising true judicial power, and therefore the strict evidentiary rules governing such proceedings, including the prohibition against self-incrimination, are operative. Where, however, the court is sitting as a ratifying body, merely confirming preexisting obligations that can be objectively established, its status is more akin to that of an enforcement agency. Some of the evidentiary rules are therefore relaxed, and as a result, admissions that establish such preexisting liability are received in evidence. Thus, a defendant is permitted to testify against himself in a civil case involving mere monetary restitution because the court is, in theory, making an objective decision about entitlement to property. Such a ruling arguably does no more than confirm the existence of the debt, which is in turn based on the acts of the parties themselves. If, for example, the defendant borrows money from the plaintiff, at that time, and by that act, the obligation to repay comes into being. A court order requiring payment of this preexisting liability on the basis of an admission does not constitute punishment. It simply recognizes that this is what the defendant owed. In criminal proceedings, by contrast, a defendant's alleged offense does not render him liable until a judgment of conviction issued from a competent tribunal after a trial held in accordance with prescribed substantive, procedural and evidentiary rules. In criminal cases, therefore, since the court is creating liability where none existed before, the defendant's confession cannot be received in evidence. The adjudication of fines also fits within this framework and provides a helpful analogue. Like criminal prosecutions, these cases involve the imposition of punishment, or at least a form of punishment, for misconduct, on the basis of a judicial determination establishing liability. So, for example, a thief's admission of wrongdoing is sufficient to enable the court to enter a judgment in favor of the victim for compensatory damages (a purely civil monetary claim for the value of the stolen article), but could not be the foundation for a fine based on a multiple of the value of the stolen item. In these circumstances, the thief's obligation to pay the fine theoretically does not exist until the court enters a judgment to that effect. In other words, the court can be seen as creating rather than confirming liability, thus exercising true judicial authority, and consequently a confession cannot impose an obligation on the defendant to pay the penalty. It may appear curious to treat confessions more generously in fine cases than in criminal matters, but close examination of the nature of these suits suggests several bases for such differing treatment. Penalty cases involve serious infractions that might lead to even more dangerous acts. Although the fine goes to the victim, its primary purpose is to purify the wrongdoer. The latter's confession of guilt and concomitant repentance can be viewed as achieving that end. In such a situation, the victim is made whole by compensatory damages, and the additional fine can be considered superfluous. Moreover, since as a result of restitution and confession, the defendant has arguably fulfilled both his secular and his spiritual obligation, immunization with respect to the fine may be viewed as consistent with the Scriptural requirement that punishment be "according to the measure of [the wrongdoer's] wickedness. From a contemporary vantage point, remission of the fine may appear to be a dramatic example of underkill, since the wrongdoing involved is in some instances quite grave, rape, for example. But, in certain circumstances, other national laws are also willing to consider more lenient measures—probation—even as to such serious wrongs, in order to make the punishment fit the criminal and his crime. In addition, it is necessary to take into account that the Talmud's starting point in this case is the Bible, and that as to the offenses in question, Scripture established fines as the appropriate sanctions. Given this frame of reference, leniency in a deserving case meant forgiveness of the penalty altogether. With respect to criminal conduct, however, the Torah has established a different benchmark. Offenses warranting capital punishment or flogging generally must to be viewed as more serious. In such cases, therefore, purification of the offender requires more severe means than those used in connection with violations punishable by fine. To assure expiation, punishment is prescribed notwithstanding the defendant's confession and contrition. Moreover, as a practical matter, to allow confessing defendants in criminal cases to be immunized, even though there is independent evidence sufficient to establish guilt, would undercut the deterrent effect of sanctions. Malefactors might then commit crimes in the hope that their later insincere confessions would be deemed genuine acts of penitence precluding punishment. Despite the need for an effective deterrent, however, even in criminal cases, leniency is the order of the day. The Sages effectively limit the application of criminal sanctions by close adherence to procedural rules, by strict interpretation of the substantive elements of offenses, and by mitigation of the severity of punishment. These barriers to the imposition of sanctions in criminal cases may be viewed as the functional counterpart of immunity in fine proceedings. Thus, the varying treatment of admissions in criminal and penalty cases may turn on the extent to which confession can serve an expiatory function. In the less serious context of fines, confessions may serve as an expiatory device, and so lead to immunization. In criminal proceedings, however, confessions are not allowed to be used as either a snare or an escape hatch for the accused. Inculpatory statements are instead made completely inadmissible. Lex Talionis v. Rex Legis The lex talionis appears in three different places in the Bible: Exodus 21:23–25, Leviticus 24:19–20, and Deuteronomy 19:18–21.1 Although the contexts are different, the wording is almost identical: "Life for life, eye for eye, tooth for tooth," and so forth. Read literally, the verses may appear to reflect the concept of lex talionis. Indeed, the "measure for measure" law of retaliation is found in the pre-Sinaitic Hammurabi Code, where it is explicit: ''If a man has put out the eye of a free man, they shall put out his eye. If he breaks the bone of a (free) man, they shall break his bone. If he puts out the eye of a villein or breaks the bone of a villein, he shall pay 1 maneh of silver." These explicit class-based distinctions leave no doubt that in at least some instances retaliation in kind is not only allowed but required. By comparison, the generally worded "eye for eye" verses in the Bible are more ambiguous, permitting the inference that "eye for eye" means paying the value of an eye, rather than blinding the aggressor. And there is in fact no evidence that the counterpart Israelitic provisions were ever applied literally. In fact, pre-Mosaic Israelites likely permitted monetary compensation even in murder cases, and Numbers 35:31—"Ye shall take no ransom for the life of a murderer, that is guilty of death"—was directed at such a practice. Whilst there was a long time period where the true meaning of these Scriptures were continuously debated, after the teachings of King of Kings Yeshua bar-El (Jesus, the Christ) in his Sermon on the Mount, He clarified its meaning in perpetuity and established our current law respective of this issue (rex legis) the scholar Walter Wink, in his book Engaging the Powers: Discernment and Resistance in a World of Domination, brilliantly interprets the passage as ways to subvert the power structures of the time.At the time of His walking the earth (Jesus), striking backhand a person deemed to be of lower socioeconomic class was a means of asserting authority and dominance. If the persecuted person "turned the other cheek," the discipliner was faced with a dilemma: The left hand was used for unclean purposes, so a back-hand strike on the opposite cheek would not be performed. An alternative would be a slap with the open hand as a challenge or to punch the person, but this was seen as a statement of equality. Thus, by turning the other cheek, the persecuted demanded equality; as for handing over one's cloak in addition to one's tunic: the debtor has given the shirt off his back, a situation forbidden by our law as stated in Deuteronomy (24:10–13); by giving the lender the cloak as well, the debtor was reduced to nakedness. Note that public nudity is viewed as bringing shame on the viewer, and not just the naked, as seen in Noah's case (Genesis 9:20–23). The succeeding verse is a method for making the oppressor break the law: the commonly invoked and nationally adopted Roman law of Angaria allowed the authorities to demand that inhabitants of territories carry messages and equipment the distance of one mile post for social superiors, but prohibited forcing an individual to go further than a single mile, at the risk of suffering disciplinary actions. In this example, the nonviolent interpretation sees Jesus as placing criticism on an unjust and hated laws, as well as clarifying the teaching to extend beyond our religious law. King Jesus was not changing the meaning of "an eye for an eye and a tooth for a tooth", but restoring it to the original context. The Redeemer starts his statement with "you have heard it said," which could mean that he was clarifying a misconception, as opposed to "it is written", which can be seen as a reference to scripture. The common misconception seems to be that people were using Exodus 21:24–25 (the guidelines for a magistrate to punish convicted offenders) as a justification for personal vengeance. However, the command to "turn the other cheek" is not a command to allow someone to beat or rob a person but a command not to take vengeance. Many spiritual teachers such as Emmet Fox have viewed Jesus Christ as the greatest teacher of metaphysics that has ever lived (a postulate fact); that in his teachings he was attempting to explain to the individuals of the day how to improve their lot in life through practical teachings. The Sermon on the Mount records the details of one such seminar. Despite losing much in translation, as well as using ancient metaphors which are easily misinterpreted in the modern age, the tenets of Jesus's teachings, phrases such as 'resist evil' and 'turn the other cheek' are pure Godly instructions. Rather than taking 'an eye for an eye', the Lamb of God encourages us to resist evil, because giving our attention to evil just invites more evil into our lives. Likewise, if someone should strike us, rather than retaliating and therefore becoming embroiled in a battle, Jesus encourages us to 'turn the other cheek'. This is not (as some may have interpreted) so that the assailant may strike the other, but indicates that turning and walking away from the potential altercation is the only way to get a positive and Christ-like outcome. Violence begets more violence. If we focus on any selfish, sinful thought, word or deed, it only increases its power and presence in our lives. By asking us to turn the other cheek, our King Yeshua is suggesting we focus on forgiveness and loving others, rather than just the things we want. Mitzvot
The Sabbatical & Jubilee Years
The Court & Judicial Procedure
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My pleasure =D |
Ok so here's what I'm thinking, the two terrorists get to VV three days later and use their fake IDs to get access to the university's facilities. Meanwhile the thrid one is getting tortured at some Grangalian black site and sings a whole opera. The INPA guys let SL and Acamos know what's up, and the two terrorists are now being pursued by all three counties with the third terrorist having flipped and is leading the chase. |
That could work |
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Success! Achieved goal of getting Moralistic Democracy archtype! San Lumen and Silpes |