Exchange with Reuben Gross about "The Fifth Amendment and Its Equivalent in the Halacha" (1966)

1. Reuben Gross to R. Lamm (1966)

1. Reuben Gross to R. Lamm (Jan. 1, 1966)

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The Fifth Amendment Equivalent in the Halachah (1956)

The wide public attention focused on the Fifth Amendment in the recent past, and the vehemence with which it has been both attacked and defended, have prompted students of Jewish law to examine its equivalent in traditional Halakhah. A comparison of the principle of self-incrimination, as embodied in Constitutional Law and in the Halakhah, is revealing on the level of both theory and practical consequence. The embattled Amendment, with its provision that "no person . . . shall be compelled in any case to be a witness against himself", is certainly one of the most fundamental and advanced principles of Anglo-American jurisprudence.The wide public attention focused on the Fifth Amendment in the recent past, and the vehemence with which it has been both attacked and defended, have prompted students of Jewish law to examine its equivalent in traditional Halakhah. A comparison of the principle of self-incrimination, as embodied in Constitutional Law and in the Halakhah, is revealing on the level of both theory and practical consequence. The embattled Amendment, with its provision that "no person... shall be compelled in any case to be a witness against himself”, is certainly one of the most fundamental and advanced principles of Anglo-American jurisprudence. Two great legal thinkers, Dean Griswold and Supreme Court Justice Douglas, writing separately, have recently referred to it in identical terms: an old friend and a good friend. Its significance in our whole tradition of liberty cannot be overrated. The law against compelled self-incrimination dates back to the 12th century, and achieved real prominence and effectiveness when it was upheld by the House of Commons in “Freeborn John” Lilburne’s quarrels with the infamous Star Chamber in the 17th century. It became part of the United States Constitution as the Fifth Amendment in 1791. The Amendment has been invoked, questioned, attacked and defended in the past, but it was the Communist issue that, amid heated controver…

Jewish Law & Secular Law

Exchange with Karl Menninger about Article on the Fifth Amendment and Halacha (1956)

I take the liberty of sending enclosed for your perusal a reprint of an article I recently published and which you might find of interest. It concerns a comparative study of the principle of self-incrimination in Constitutional Law and Talmudic Law, and an explanation of the latter from the point of view of psychoanalysis. As you will notice, I have quoted from or referred to your works a number of times. May I be favored with a reply containing some of your comments and reactions? Thank you most kindly. Sincerely, Rabbi Norman Lamm

Jewish Law & Secular Law

Letter from R. Isaac Klein about Article on the Fifth Amendment and Halacha (1956)

Dear Rabbi Lamm: Let me congratulate you upon your fine study published in the last issue of Judaism. I am happy to learn that the day by day duties of the rabbinate have not completely displaced your inclination to study. Keep it up. Very few rabbis manage to pay proper attention to both. May I also use this opportunity to thank you for your telegram congratulating me at the occasion of my receiving life tenure. It was very thoughtful of you and I appreciate it very much. Regards to your charming rebbitzen and to your entire flock. Rabbi Isaac Klein

Jewish Law & Secular Law