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Jewish Parallels Not surprisingly,a lot of similarity According to Torah,the disobedient son is to be stoned But rabbinic scholars read into the text so many conditions That it is argued that it never has happened or will happen Both systems face the same problems When God is the legislator,how do you resolve disagreements Initially,the Great Sanhedrin could resolve disputes by majority vote When that no longer existed,whatever authorities were accepted-reputation,like the mufti For a while,the heads of the Babylonian academies Later scholars such as Maimonides Communal authorities claimed some power to legislate,like the non-figh courts When God gets it wrong,how do you fix the error? Interpret around things you don't like Or find excuses for additional legislation outside the religious law Consider the parallels with U.S.constitutional lawJewish Parallels • Not surprisingly, a lot of similarity • According to Torah, the disobedient son is to be stoned • But rabbinic scholars read into the text so many conditions • That it is argued that it never has happened or will happen • Both systems face the same problems • When God is the legislator, how do you resolve disagreements • Initially, the Great Sanhedrin could resolve disputes by majority vote • When that no longer existed, whatever authorities were accepted—reputation, like the mufti • For a while, the heads of the Babylonian academies • Later scholars such as Maimonides • Communal authorities claimed some power to legislate, like the non-fiqh courts • When God gets it wrong, how do you fix the error? • Interpret around things you don’t like • Or find excuses for additional legislation outside the religious law • Consider the parallels with U.S. constitutional law
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