Tuesday, September 22, 2020

Keeping Our Word (Matot 5776)

 https://rabbisacks.org/keeping-word-matot-5776/

 Social institutions in a free society depend on trust, and trust means that we keep our word. We do what we say we are going to do. If we make a vow, an oath, a promise, a verbal undertaking, then we hold ourselves bound by it. This means that we will actually fulfil our commitment unless we can establish that, due to circumstances unforeseeable at the time, we are simply unable to do so.

 If trust breaks down, social relationships break down, and then society depends on law enforcement agencies or some other use of force. When force is widely used, society is no longer free. The only way free human beings can form collaborative and cooperative relationships without recourse to force is by the use of verbal undertakings honoured by those who make them.

8 comments:

  1. “Keeping Our Word (Matot 5776)” Sorry that’s not how I read Mattot “Moses spoke to the heads of the Israelite tribes, saying: This is what the Lord has commanded: If a man makes a vow to the Lord or takes an oath imposing an obligation לאסר אסר [or a prohibition] on himself, he shall not break his pledge; he must carry out all that has crossed his lips ככל היצא מפיו יעשה [lit. come out of his mouth].” (Numbers 30:2-3).
    Yes vows are solemn and binding, but there are circumstances vows can be annulled. Free society means a society with rule of law. See https://www.lawfareblog.com/transcript-attorney-generals-remarks-delivered-and-qa-hillsdale-college
    “But as President Reagan used to remind people, the Soviet Union had a constitution and even included some of these lofty sounding rights. Ultimately, however, those promises are just empty words. Because there was no rule of law in that society to enforce them. The rule of law is the linchpin of American freedom, and the critical guarantee of the rule of law comes from the Constitution's structure of separation of powers.

    When we think about the substance of the criminal law, advocating for clear and defined prohibitions will sometimes mean that we cannot bring charges against someone whom we believed is engaged in bad conduct.

    In short, it is important for prosecutors at the Department of Justice to understand that their mission above all others is to do justice. And that means following the letter of the law and the spirit of fairness. Sometimes that will mean investing months or years in an investigation and then concluding it is without criminal charges. Our job is to be just as dogged in preventing injustice as we are in pursuing wrongdoing. On this score, as in many, Justice Jackson said it best, and I'll close with his words: “The qualities of a good prosecutor are as elusive, and as impossible to define as those which mark gentlemen, and those who need to be told would not understand it anyway. A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power. And the citizens’ safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes. And who, above all, approaches his task with humility.”

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  2. n short, it is important for prosecutors at the Department of Justice to understand that their mission above all others is to do justice
    True if you think justice is defined solely what Trump wants

    https://www.forbes.com/sites/alexandrasternlicht/2020/05/11/2000-former-fbi-and-doj-officials-call-on-barr-to-resign/#19ce7fed171e

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  3. Western society has corrupted itself almost beyond repair in this area. People put their politics first. Look at RBG's supposed last words - don't replace me until after the elections. Now, she may have thought that to be a good idea but as a Supreme Court judge she has no place expressing her wishes for such decisions publicly. Yet folks are acting like she made an official ruling and are outraged that Trump would replace her so quickly.
    Trump himself is a great example of politics over the common good but his opponents are just as bad. Trust has broken down - if I'm a Dem, then I will not trust Trump. If I'm a Republican, I won't trust Biden. Not because either many is untrustworthy (hint: they both are corrupt liars) because because I've put my politics before my common sense. Social relationships have broken down and increased force from both sides will lead to senseless violence after this election.

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  4. saying everyone is corrupt really is no more use than saying only your opponent is corrupt. You stop dealing with facts and use blanket labels to dismiss any need to examine the facts

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  5. The mission above all else for a king is to reign in righteousness with his ministers governing with justice: “Behold, a king shall reign in righteousness, And ministers shall govern with justice;” (Isaiah 32:1).
    See https://www.rev.com/blog/transcripts/donald-trump-speech-2020-un-general-assembly-transcript
    “We are stronger now than ever before. Our weapons are at an advanced level like we’ve never had before, like frankly, we’ve never even thought of having before. And I only pray to God that we never have to use them.”
    Torah thought on האזינו
    “So Jeshurun grew fat and kicked— You grew fat, you grew gross, you became coarse כשית — And he forsook ויטש God who made him And spurned וינבל the Rock of his salvation ישעתו.” (Deuteronomy 32:15).
    דברים פרשת האזינו פרק לב פסוק טו
    וַיִּשְׁמַן יְשֻׁרוּן וַיִּבְעָט שָׁמַנְתָּ עָבִיתָ כָּשִׂיתָ וַיִּטֹּשׁ אֱלוֹקַּ עָשָׂהוּ וַיְנַבֵּל צוּר יְשֻׁעָתוֹ:
    מדרש הגדול דברים פרשת האזינו פרק לב פסוק טו
    שמנת עבית כשית. אלו שלשה דורות שלפני המשיח, שנאמר ותמלא ארצו סוסים וג' ותמלא ארצם כסף וזהב וג', ותמלא ארצם אלילים (ישעיה ב, ז - ח).
    “Their land is full of silver and gold, There is no limit to their treasures; Their land is full of horses, There is no limit to their chariots. And their land is full of idols; They bow down to the work of their hands, To what their own fingers have wrought.” (Isaiah 2:7-8).
    The Malbim comments here that the 3 stages before the Messiah: 1) Jeshurun grew fat, 2) you grew gross, and 3) and you grew coarse כשית. To the Malbim in stage 3 the people are totally ignorant about God, yet, despite that, God keeps helping and strengthening the people. That’s us today !! These are the 3 stages before the Messiah. We are so strong, with Trump, a modern Cyrus the Great, and Israel economically and militarily so strong.
    Hertz Chumash p. 898: “15. Jeshurun. The title of honour for Israel is formed from the root ישר, ‘to be righteous,’ and designates Israel under its ideal character as ‘the Upright One’.”

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  6. https://draft.blogger.com/blog/post/edit/7309929059139673041/664334521227023014

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  7. This is the Hebrew Malbim:
    מלבי"ם דברים פרשת האזינו פרק לב פסוק טו
    עם כל הטובות האלה וַיִּשְׁמַן יְשֻׁרוּן וַיִּבְעָט. דרך השוכח טובה בעת טוב לו, תחלה מכיר טובה ובועט במזיד, ואח"כ שוכח העבר לגמרי: ועז"א תחלה ויבעט בזדון, ואח"כ שָׁמַנְתָּ עד כי עָבִיתָ בעב הענן והחשך, כָּשִׂיתָ ושכחת לגמרי אל מוציאך ממצרים. ויטוש נגד שני הדברים (פסוק ו) נגד העבר שכח אלוה עשהו שבראו, ונגד הטובות שעודו מקבל עתה. וַיְנַבֵּל צוּר יְשֻׁעָתוֹ שמושיע גם עתה:
    Translation:
    With all these favors “So Jeshurun grew fat and kicked.” The way (commonly) one forgets favors (from God) at times that are good for him. At first (Jeshurun) recognizes the favor (thank you God), (but later when times are good for him) he (Jeshurun) kicks intentionally (I don’t need you God anymore). Then he (Jeshurun) forgets the past completely as in verse 6 (“Do you thus requite the Lord, O dull and witless people? Is not He the Father who created you, Fashioned you and made you endure!” (Deuteronomy 32:6)). Regarding the past (history of Jewish people), he (Jeshurun) forgets God who made him and created him. Regarding favors he (Jeshurun) still receives (from God) currently: “And spurned וינבל the Rock of his salvation ישעתו” that (God) saves (favors) him (Jeshurun) currently.”
    Beautiful. Common for a person in deep trouble/sorrows to pray to God. If God answers his prayers and saves him, common, to say thank you God. Then when all continues well, common to forget the earlier trouble/sorrow and the miracles of God saving him, common to deny God and to say God has nothing to do with affairs of this world.
    The old joke. A man is struggling to find a parking place and prays to God, please dear God, let me find a parking place and I promise to lay tefillin in the morning. Just then someone pulls out. The man immediately says: never mind God, I managed myself. (Ha ha).
    No, we must not be like that man. We must always thank God. We always pray to God and we always must follow Torah.

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  8. Thanks KA for the uptics. Allow me my letter today to NYS Court of Appeals:
    "3.See http://nycourts.gov/whatsnew/pdf/September21-CJ-Message.pdf
    A number of cases were resolved before a jury could be seated as a result of settlements and plea bargains and we have been working to
    make sure that there are back-up cases standing by and ready to go to
    trial in order to avoid down time in our trial parts and out of respect for
    the time of prospective jurors who have reported to our courthouses
    for service. The resolution of cases before trial is a normal and
    expected outcome, and it is a reminder of the importance of trial
    capacity in the effective management of our dockets. When lawyers
    and clients know that we have judges ready to try their cases, they are
    incentivized to carefully assess the strengths and weaknesses of their
    cases and they often enter into settlements and plea bargains rather
    than undergo the risk and expense of trial. That is how our system
    works -- that is how our system has always worked -- and that is why
    our efforts to responsibly re-establish jury trials are so critical and
    important to our ability to manage our caseloads and deliver timely
    justice.
    4.Susan and TIAA should know that NYS Court of Appeals is ready and willing to grant my appeal. Susan and TIAA should know that SCOTUS is ready and willing to grant my petition. Susan and TIAA have an incentive to assess strengths and weaknesses of their case. Susan and TIAA may want to enter into a settlement with me rather than undergo the risk and expense of proceedings at NYS Court of Appeals and SCOTUS. I only ask for TIAA to pay me 100% of my pension from here on.
    5.If the Court grants my motion for reargument dated September 11, 2020 that had a return date September 28, 2020 this will give further incentive to Susan to settle. If Susan agrees that for TIAA to pay me 100% of my pension from here on, I'll move to close all proceedings in NYS Court of Appeals and at SCOTUS. All Susan has to do is contact TIAA. TIAA will prepare legal papers for her to sign that I owe no more child support or whatever.
    6.See https://www.wsj.com/articles/a-triumph-for-peace-is-a-humiliation-for-the-peace-industry-11600900809
    The inability of Israel's treaties with Egypt and Jordan to bring about normalization was a direct result of the failure of those agreements to address the core of the conflict---not settlements or Jerusalem's status, as the peace industry believes, but the refusal to recognize a Jewish people indigenous to the Middle East and endowed with the right to self-determination in its homeland.
    7.Aranoff v Aranoff continues without end. Why? Not because I still owe money for child support or whatever. I say it's because of Susan's inability to recognize that I married Yemima May 9, 1993 under Israeli law and we have three daughters and live together as a normal family.”

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