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Correspondence

January 1972

Exchange with R. Riemer about R. Lamm's Writings on Jewish Law and Human Rights (1972)

Jewish Law & Secular Law

1. R. Riemer to R. Lamm

1. R. Riemer to R. Lamm (Jan. 24, 1972)

1. R. Riemer to R. Lamm (Jan. 24, 1972)

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Exchange with Lawrence Kobrin about Project on Talmud and Contemporary Legal Issues (1976)

Dear Rabbi Lamm: This letter is addressed to you in your role as consulting editor for Ktav on the law and ethics series. It is intended to furnish some specific examples of a line of inquiry in public discussion which we have occasionally discussed in general terms, but without specific illustration. While I am not exactly certain as to the appropriate method for following up these ideas, I wanted to share them with you. The pedagogy of Talmud is, for a variety of reasons, frequently "self-centered", in the sense that it is presented as an all inclusive and self-contained system, rather than as a jurisprudential effort to deal with ongoing business, human relations, or similar problems. The refinements of textural analysis and logical deduction frequently exclude any consideration of the actual application of legal rules to practical business for fact situations. The text of atonement and the practice of the authors of Responsa literature demonstrate that this was not the original intention of the masters of halacha. Presumably, it is only contemporary divorcement of halachic literature from practical application that leads to this result.As a result, the teaching of Talmud may frequently be unnecessarily difficult. For, if the student must be convinced that some particular discussion is important for its own sake, it might be easier to engender interest in thought where a discussion was related to a contemporaneous problem, still posed in courts and legal literature.Some recently reported decisions of the New York Court of Appeals (the highest court in this state), all of them coincidentally by a narrowly divided court, relate or may be considered analogous to matters discussed extensively in the Talmud. The fact that these problems are still current serve to demonstrate that the jurisprudential problems posed in the Talmud are still very much with us and that the solutions found there may be helpful in dealing with contemporary life, however commercial and compl…
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Exchange with R. Riemer about R. Lamm's Writings on the Intersection of Halacha and American Law (1972)

Dear Norman: Just a note to say that in view of all the recent developments in connection with wire tapping – the Supreme Court decision last week, the Ellsberg case, etc. – I wonder if you want to update your essay on the halachic parallels to the 4th amendment. The subject is now very much in the headlines, and therefore your article is of great interest. You needn’t do much to update it – you ought to say something about Senator Irvin’s findings – that the army has prominent civilians under surveillance, and perhaps the scandal of the recent attempt to bug the democratic headquarters – plus whatever you want to do in the Jewish sources. Look at it again and let me know. I never heard anything from Dr. Menachem Brayer, whom you suggested that I write to. If you know him, do you think you could remind him or ask him to respond to my invitation. The book is taking shape nicely – an essay by Heschel on God in search of man, an article of protest by Yitzchak Greenberg on the halacha and the ethics of legislation, have come in, and a few more promising things seem to be on the way. Any additions you may know of that can combine work on current issues from a halachic perspective will be much appreciated. Do you know a Yechtel Poupko who tells me that he has material on property, on education, and on labor relations from a halachic perspective? Do you think he can do a good essay? All good wishes for briyut haguf vihanefesh, friend, and let’s continue to be in touch. Kol tov, Jack
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Exchange with Reuben Gross about "The Fifth Amendment and Its Equivalent in the Halacha" (1966)

Dear Father Crehan: I was enormously delighted by your letter. I did not know that in this busy city of ours there was anyone left with his humor intact! The Tradition magazine was sent to you at my request, but the solicitation for a subscription was automatic and certainly not by my request. Please, therefore, do not consider the tragic choice between Life and Tradition. My colleagues tell me that Tradition should reinforce Life and not supplant it... All best wishes. Cordially yours, Rabbi Norman Lamm
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