Torah Study > Chapter 3: Mishpat vs. Tzedek > Text 2
Leaving aside your personal opinions about capital punishment, what
distinction do you think the Torah is making between premeditated
and accidental killing?
How does the text understand an individual’s responsibility for any
damages caused?
Based on your reading of this text, what is your understanding of the term mishpatim? What principle of law or social value is expressed through the Torah’s instructions?
The Torah here indicates that there is an important distinction between
a premeditated murder and an accidental killing. At first glance, the outccome
of one’s actions do not appear as significant a factor in determining
punishment as does the motivation behind those actions. If one kills uninttentionally, then the system provides a form of protection—a designated
area of refuge. In contrast, a planned murder is severely punished.
The text expresses the idea that a person is responsible for the outcome
of his or her actions—an eye for an eye—regardless of motive or any other
circumstances.
Mishpatim then can be understood as powerful principles of law which apply uniformly for all individuals to uphold a standard of justice and fairness in the world. A person’s personal circumstances or socio-economic status does not give them any special consideration. Mishpatim represent the idea of retributive justice or “equal justice under the law.”
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Do you agree with this approach to justice?
Do you think it reflects an enlightened ideal or a primitive
perspective?
What might alternative approaches look like?
Is there a place for mishpat in the way contemporary society is
organized?
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