Re: shutdown for shabbat?

In <c7s515p7ilrvrs7lv3co930ae4be7upe9r@xxxxxxx> Yisroel Markov <ey.markov@xxxxxxxxxxxxx> writes:

It bothers me. This is a bit of a special case, though - AIUI, the
initial conclusion, that electricity was halakhically fire or
something very similar (both used to produce light and heat), was made
when nobody knew much about its nature. Since then, AFAIK most rabbis
conclude that it is not fire; however, leaving light switches and such
alone has already become a prominent feature of an O Shabbat (and a
prominent point of difference with C and R!), so now they're looking
for other possible reasons it may be forbidden. (The idea seems to be
that if you raise enough possible objections, each of which seems to
be only somewhat valid, together they will amount to enough of a doubt
to opt for the stricter course.)

How do you know it's a special case? It's perhaps simply a RECENT case,
such that it's possible to see how the conclusion was pre-supposed. No
reason to assume this isn't how it's always worked.

I mean, you among others argue that halacha is a legal system, but that's
not how legal systems work. Judges don't say "well, I really feel that guy
is guilty, so I'm going to figure out a way to convict him on something."
(at least I hope they don't)

You should read Alan Dershowitz. I think it was in "The Vanishing
American Jew" that he reminisced about a judge for whom he clerked in
his youth. Sometimes the judge would see no immediate justification to
order a pre-trial release, so he'd tell young Alan to prepare "a writ
of rachmones."

Or, in other words, here's the exception that proves the rule.

What you're describing isn't a legal system, it's a "cultural
conservation" system - which is perfectly fine, in fact maybe it's even
better. Just don't call it a legal system.

IMHO it's still a legal system, albeit a broken one. (Among other
reasons, because there's no way to discipline a runaway judge.)

To me, a functional cultural conservation system is infinitely superior to
a broken legal system. I can find no justification for adhering to broken
laws.

--s
--

.

Relevant Pages

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