Q&A: Is the statement “Everything is justiciable” relevant to Jewish law? What is Jewish law’s attitude toward this statement?
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Is the statement "Everything is justiciable" relevant to Jewish law? What is Jewish law’s attitude toward this statement?
Question
Answer
This statement has several different meanings; Professor Yedidia Stern pointed out three such meanings in his booklet published by the Israel Democracy Institute. If we are talking about a principled right to judge anything, that is certainly true in Jewish law. If it does not deal with something, that is because of choice, not because of an essential, built-in limitation within it. But of course, once there is a legal system or a system of Jewish law, one can judge only what is included within it and not something outside it. That is true both in secular law and in Jewish law.