Mercy in American Law: The Promise of the Adoption of the Outlook of Jewish Law

Kaplan, Yehiel

Journal: Touro Law Review

Volume: 37

Year: 2021

Bluebook Citation: 37 TOURO L. REV. (2021)

Author: Yehiel S. Kaplan: all 4 publications


Abstract

Under Jewish law, mercy and compassion are essential principles to ensure the presence of a just legal system. Not only do mercy and compassion in the law preserve traditional values of human dignity, implementing a more compassionate legal system has practical benefits in both the spheres of legal judgment and of legal punishment. This article will compare the Jewish legal system’s application of these necessary doctrines to how other modern legal systems, including the American legal system, implement mercy and compassion. As a result of this in-depth comparison, this article recommends that the American legal system, and other modern legal systems, should borrow from the Jewish legal system in order to place a greater importance on mercy by focusing more on rehabilitation of the offender rather than demanding strict adherence to harsh punishment policies that only end up doing more harm than good.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.