Q&A: A Small Note Regarding the Slippery Slope (Mentioned in the Interview for the 70 Deeds Project)
A Small Note Regarding the Slippery Slope (Mentioned in the Interview for the 70 Deeds Project)
Question
A small note regarding the slippery slope—there is an article in the Harvard Law Review that argues against the slippery slope argument, and also a ruling by Aharon Barak. I referred to this article and to Barak’s ruling in my own ruling, and these points were also brought in my post on the subject. The ruling and the post are attached.
Answer
Two comments. Maimonides is disputed on this point (Tosafot disagrees with him and holds that clear circumstantial evidence is sufficient).
One should distinguish between two situations (it seems to me we once spoke about this, following an article by Eli Rubinstein on the slippery slope—as I recall, he brought the rule that one does not enact a decree upon a decree): 1. When the boundary is unclear, there is a great danger of sliding toward the problematic side. 2. When the boundary is unclear, it may be that already here and now I am doing something problematic without noticing. For example, it is not clear to me whether Maimonides is talking about 1 or 2.