評論
打印
Second, as I just mentioned, the history of Jewish law in nearly all areas including those to which I will refer in order to build a case about torture has a fundamentally domestic orientation the 613 commandments that are found by Jewish tradition in the Torah, whether they deal with the inter-human or the relation to the divine are directed to the Jewish people exclusively. The rest of the world is traditionally considered subject only to the 7 laws,
第二 像我剛才提到的在幾乎所有的領(lǐng)域里幾乎所有的613條戒令在對虐待的問題上都有一種對內(nèi)的導(dǎo)向它們都是基于《舊約》形成的 以此為依據(jù)處理希伯來各族間或者人與上帝之間的關(guān)系世界上其他民族通常被認(rèn)為只需要服從七條戒律
The moral laws that are sort of naturally intuit able that according to the Hebrew bible are incumbent upon the whole human race since the flood.
道德上的戒律在希伯來圣經(jīng)中道德上的戒律在希伯來圣經(jīng)中被認(rèn)為是自洪水以來
Moreover even the inter-human realm of the law deals primarily with issues that arise between Jews and other Jews, and the history of Jewish legal interpretation has taken place within a relatively enclosed Jewish society. This means that in order to apply Halakha to situations that involve conflicts between Jews and some outside enemy a universalistic assumption has to be made one has to assume,
施加于全人類的戒律處理人際間關(guān)系的法條也首先涉及的處理人際間關(guān)系的法條也首先涉及的是猶太人之間的沖突還有其他希伯來民族 對猶太法的詮釋也只是在猶太社會內(nèi)部進(jìn)行的 這就意味著要把哈拉卡應(yīng)用到涉及猶太人和外來敵人的沖突上就必須做出
In other words, that it is possible to map the domestic law, more or less directly onto cases of conflict between societies that there's not some whole other law or ethics that applies to battlefield violations with outsiders.
具有普遍適應(yīng)性的假設(shè) 我們必須假定有可能把一個民族的法律直接應(yīng)用到?jīng)]有整套的涉及外來戰(zhàn)爭侵略
This assumption, while necessary to allow a Jewish legal voice to participate in the conversation at all, should by no means be accepted uncritically as legally valid. I'll come back to that later.
法律和倫理的社會這個假設(shè) 既是應(yīng)用猶太法的必要之舉 但是絕不能被看做在法律上就是可行的 等一下我會再深入這個話題
