“The Road of Payback” and Rabbinic Judaism

摘要

In Anger and Forgiveness , Martha Nussbaum argues against the claim that the suffering of the wrongdoer restores, or partially restores, what was damaged by the wrongdoing. Making this mental mistake sets a person on “the road of payback,” and following this path is normatively problematic. What contribution can the canonical writings of Judaism, the Talmud and Midrash, make to the case against payback, when these writings reflect the view that a single deity establishes a divine justice in the world, such that ultimately the good are rewarded and the bad punished? This article argues, in light of recent research into rabbinic law and judicial process, as well as rabbinic theology of divine justice, that several components of these sources can help to meet the challenge. The texts recommend particular subjective states in the context of the human judiciary procedure and in consideration of divine justice, which do not intend “the suffering of the wrongdoer.” Rabbis seek authority, control over uncertainty, and a correct judicial procedure in their legal processes. Regarding the human relationship to the deity, rabbis both prescribe reverence and protest questionable divine acts based on their own ethical standards.