The One Who Is More Violent Prevails—Law and Violence from a Talmudic Legal Perspective

@article{David2006TheOW,
  title={The One Who Is More Violent Prevails—Law and Violence from a Talmudic Legal Perspective},
  author={Joseph David},
  journal={Canadian Journal of Law \& Jurisprudence},
  year={2006},
  volume={19},
  pages={385 - 406}
}
  • Joseph David
  • Published 1 July 2006
  • Law
  • Canadian Journal of Law & Jurisprudence
How are we to distinguish between law and violence? On what grounds is the former legitimized while the latter is condemned? This modern question sheds light on the essential concepts of law and order and their social value. My task in this paper is to trace the roots of this question in the Jewish jurisprudential tradition by focusing on a unique norm, established sometime during the 5th to the 6th century, in which violence become a legitimized norm when a case could not be determined by… 
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