Q&A: A Comment
A Comment
Question
Hello and blessings,
My name is A., and I read the third book of the trilogy.
In the chapter on the two legal systems of nature and of the king, you cited the Ran's words about the king's legal system.
I wanted to note that this also appears quite explicitly in Maimonides:
The Laws of Murderer and Preservation of Life, 2:4:
And all these murderers and the like who are not liable to execution by a religious court—if the king of Israel wishes to kill them under the law of kingship and for the maintenance of the social order, he has the authority to do so. And likewise, if a religious court sees fit to kill them as an emergency measure, if the circumstances require it, they have authority according to what they see fit.
More power to you
Answer
Obviously a king can kill. That isn't a matter under dispute. But it seems to me that only the Ran presents a systematic framework of dual law, and identifies the law of the king with a universal legal system rather than a halakhic one. Quite a bit has already been written about the difference between the Ran and Maimonides on these matters.