| 翻訳と辞書 |
| Capital and corporal punishment in Judaism ： ウィキペディア英語版 |
Capital and corporal punishment in Judaism
The Jewish tradition describes certain forms of corporal punishment and capital punishment for certain crimes, while cautioning against the use of such punishments.
==Capital punishment in classical sources==
The harshness of the death penalty indicated the seriousness of the crime. Jewish philosophers argue that the whole point of corporal punishment was to serve as a reminder to the community of the severe nature of certain acts. This is why, in Jewish law, the death penalty is more of a principle than a practice. The numerous references to a death penalty in the Torah underscore the severity of the sin rather than the expectation of death. This is bolstered by the standards of proof required for application of the death penalty, which has always been extremely stringent (Babylonian Talmud Makkoth 7b). Because the standards of proof were so high, it was well-nigh impossible to inflict the death penalty. The ''Mishnah'' (tractate Makkoth 1:10) outlines the views of several prominent first-century CE Rabbis on the subject:
A Sanhedrin that puts a man to death once in seven years is called destructive. Rabbi Eliezer ben Azariah says that this extends to a Sanhedrin that puts a man to death even once in seventy years. Rabbi Akiba and Rabbi Tarfon say: Had we been in the Sanhedrin none would ever have been put to death. Rabban Simeon ben Gamaliel says: they would have multiplied shedders of blood in Israel.
The Sanhedrin stopped issuing capital punishment either after the Second Temple was destroyed in 70 CE or alternatively, according to passages in the Talmud and New Testament, in 30 CE when the Sanhedrin were moved out of the Hall of Hewn Stones. Other sources such as Josephus and other passages in the New Testament disagree. The issue is highly debated because of the relevancy to the New Testament trial of Jesus.〔https://www.jewishvirtuallibrary.org/jsource/judaica/ejud_0002_0004_0_03929.html〕 Ancient rabbis did not like the idea of capital punishment, and interpreted the texts in a way that made the death penalty virtually non-existent. The idea of killing someone for a crime they commit is frowned upon in the Jewish tradition.
The 12th-century Jewish legal scholar Maimonides stated that "It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death." Maimonides argued that executing a defendant on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof, until we would be convicting merely "according to the judge's caprice." Maimonides was concerned about the need for the law to guard itself in public perceptions, to preserve its majesty and retain the people's respect.〔Moses Maimonides, ''The Commandments, Neg. Comm. 290'', at 269-271 (Charles B. Chavel trans., 1967).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Capital and corporal punishment in Judaism」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|