NCJ Number
184946
Date Published
1999
Length
14 pages
Annotation
This chapter compares a "minimalist" conception of moral law with the "maximalist" conception found in Jewish law.
Abstract
Under the "minimalist" view, an extensive system of laws can seem to be an unwarranted intrusion into the lives of individuals, minority groups, or subject populations. Law is viewed as necessary, but it should be kept to a minimum, defined as the prevention of harm to others. The law should not endeavor to prescribe the details for behavior in a society, particularly when that society consists of diverse ethnic groups whose moral values stem from differing cultures and subcultures. Under the "maximalist" conception of law set forth in the Bible, law is born out of the responsibility of humanity to reflect in its behavior the divinely revealed values for human life and behavior. Humans thus have the responsibility under God's direction to construct a society on the foundations of compassion, righteousness, and justice. Within such a society, parents and teachers become the instruments for instructing youth in the requirements of the law and for monitoring their growth in complying with the law. What has happened in contemporary western societies is that a moral consensus has broken down, such that the connection between law and morality has become problematic. A "minimalist" view of the law is believed to be the only recourse for preventing excessive conflict between citizens and the framers and administrators of the law. The only way to rebuild a moral consensus is by framing a common commitment to the common good through debate and education. Without a collective moral code, law alone is not sufficient.