Audio Roundup 2021:27

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by Joel Rich

R’Dr. C. Soloveitchik – Collected Writings III

        If halakhah is to regulate the office no less than the home, it must come to grips with an alien reality and give it recognition in its thinking.  Both modern Orthodox and most chareidi communities have no need for any work on ‘Hoshen Mishpat’ similar to the Mishnah Berurah on ‘Orah Hayyim’, for halakhah stops at the office door.  In their personal life they live lives of scrupulous religiosity; in their business affairs they live like pagans, by the law of the Gentiles.  That they do so is understandable; less understandable are those who take their paganism as a mark of purity.  Seder Nezikin exists for them as a beautiful world of theory not as a regulative system.  One does not sully this pure world with the dross of daily affairs.  Living in an open society in a modern democratic state, such a bifurcation between the public and private spheres is possible, and the force of ‘Hoshen Mishpat’ is entirely optional.

Thoughts?


R’Dr. C. Soloveitchik -Angle of Deflection

        To avoid a simplistic sociology of law, anyone claiming that a jurist’s through has been influenced by outside forces or inner ambiguities must be able to point to some obvious flaw in the thinker’s argument, measurable deflection from the expected line of reasoning that indicates that something impinged upon the mind of jurist and diverted his thought from its normal course.

I’ve thought this way but love the term!


Please direct any informal comments to [email protected].

About Joel Rich

Joel Rich is a frequent local lecturer on various Torah topics in West Orange, NJ and supports his Torah listening habits by working as a consulting actuary.

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