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VERSE: Ex23-03a

RASHIS COVERED: Ex23-03a Ex23-01a Ex23-01b Ex23-02a
                Ex23-02b Ex23-02d Ex23-02e Ex23-02f

======== THE 5 COMPONENTS OF A JUST JUDICIAL PROCESS ============

 BACKGROUND
 ----------
 Ex23-01:03 discusses judicial process. It is interesting
 that the phrases in the Biblical verses all seem to be saying
 the same thing: JUDGE PROPERLY.

 The principle of CONTEXT requires us to interpret a sequence
 of 3 or more phrases as listing all components of a process
 EVEN IF THE WORDS/PHRASES must be twisted(a little)

 The justification for this method of interpretation is the
 literary principle of CLIMAX/CONTEXT which REQUIRES an
 interpretation listing components

 THE TEXT Ex23-01:03
 -------------------
 * Dont review worthless hearings;
 * dont participate with evil witnesses.
 * Dont follow a majority for evil
 * dont follow blindly the majority.
 * Dont honor the poor in their case
 Before we continue: Are these phrases saying the same
 thing or do you see separate ideas in them?

 THE RASHI
 ---------
 As we shall see below many of these phrases have clear and
 unambiguous meaning. A few seem ambiguous and Rashi interprets
 them as corresponding to the 5components of the judicial process
 * The contentions of the LITIGANTS,
 * the WITNESSES/TESTIMONY,
 * the RULES for DECISION,
 * the deliberation of JUDGES,
 * SOCIETAL considerations.

 Here is the LIST
=================================================================
VERSE   TEXT OF VERSE                  INTERPRETATION  COMPONENT
======= ============================== =============== =========
Ex23-01 Dont review a worthless report Hear both sides Litigants
Ex23-01 Dont join wicked witnesses     No false witnes Witnesses
Ex23-02 Dont follow a bad majority     Majority of 2   Decision*1
Ex23-02 Dont echo a majority           Independence*2  Judges
Ex23-03 Dont honor the poor            Dont acquit him Society*3

NOTES
=====
*1 The Torah literally says
   -----------------------------------
   Dont follow a majority for evil
   -----------------------------------
   Following the principle of CLIMAX and CONTEXT this was
   interpreted as follows
   --------------------------------------------------------
   Dont follow a (simple) majority for conviction(of evil)
   --------------------------------------------------------
   Hence the law
   --for convictions you need a majority of at least 2
   --for acquitals it suffices to have a majority of 1

*2 Younger judges should not VOTE ALONG PARTY LINES but
   rather should defend the case as they see it. I have
   called this part of the judicial process INDEPENDENT JUDGES.

*3 eg Do not say: The litigant is poor..if we take money from
    him we will have to give him charity Anyway...so let me
    acquit him).

    I have called this component the CONSIDERATION OF SOCIETY
=================================================================

RASHI RULE USED: EXAMPLE8
---------------------------------------------------
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Volume 11 Number 6


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