Crime, Punishment, and Deterrence: An American-Jewish Exploration
Journal of Law and Religion, 2002
Crime, Punishment, and Deterrence: An American-Jewish Exploration, is a slim volume of the procee... more Crime, Punishment, and Deterrence: An American-Jewish Exploration, is a slim volume of the proceedings of a 1990 conference at the Wilstein Institute in Los Angeles. It consists of nine papers delivered at the conference by a diverse group of Jews who draw on a variety of sources, both Jewish and Western, and who have differing "political and ideological perspectives." (ix) Also included are the discussions following the presentations of the papers. The aim of the conference, as stated in the foreword, was "an exploration of the subject of crime and punishment by legal scholars, philosophers of law, judges, law-enforcement people, rabbis, and others whose views are informed in one way or another by the Jewish tradition and the Jewish experience." (ix) David Sidorsky's opening paper, "Criminal Justice: Some Perspectives from Political Philosophy," is scholarly yet accessible. It describes various theories of justice primarily through examining the opposing viewpoints of liberal and conservatives in the context of liberty and order, equality and hierarchy, legal responsibility and social causation. Of necessity, these opposing positions are presented in a somewhat truncated fashion. Sidorsky, a professor of philosophy at Columbia University, then explains Jewish polarization on issues of criminal justice mainly as a division between the Orthodox community, which favors civic order, and the non-Orthodox, whose emphasis is on liberty and pluralism. This is perhaps a bit facile. Although Sidorsky's generalization may be true, at the same time many Orthodox Jews are liberal while many of their Conservative, Reform and unaffiliated counterparts are at the other end of the political spectrum. Sidorsky also fails to distinguish the various shades of Orthodoxy, and much of what he describes as the belief of Orthodox Jews represents only a narrow segment of that community. Sidorsky concludes that, notwithstanding this polarization, there are enough shared values to permit policy agreement in this area. (17-18)
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