Torah as the Basis of Modern Ideas about the Judiciary: Introduction to the Topic

Abstract

The diversity of relationships between people determines the multiplicity of types of social norms that regulate interactions in human society. Various systems of social regulation – such as customs, morality, religion, law – throughout the history of mankind are also in constant mutual influence. Their relative importance is fluid, social norms have a constant impact on each other, often experiencing transformations from one type to another. In light of this, the influence of religious institutions on the formation of secular law and the secular system of public, including judicial, power deserves serious study. The Torah, the main holy book of the Jewish people, the basis of Judaism (the oldest and most enduring monotheistic religion in history), which had a significant influence on the formation of Christianity and Islam, is the source of many well-known and established legal ideas. In particular, the Torah contains many provisions concerning the values of justice, the principles of organization and the exercise of judicial power. In fact, all the fundamental principles of justice that have become widespread in the modern world – the institutional organization of the judicial system, the staged nature of legal proceedings, the principles of fair justice, accessibility of court, impartiality of judges and many others – are enshrined in the Torah (and detailed in other sacred Jewish texts) as Divine commandments obligatory for people to fulfill. The article concludes that the study of the Jewish religious heritage can strengthen the significance of the values and principles of justice as the fundamental basis for the existence and functioning of human society.