Parashat Shofetim 5770
“Tzedek, tzedek tirdof” – A Matter of Law and Order
Ever notice how many television shows are dedicated to “pursuing justice”? Perhaps one of the longest-running shows was Law & Order, which experienced a 20-year run of apprehending villains in the first half of the show and then prosecuting them in the second half of the show. Not only did it introduce a new vocabulary to its television audience that is just as familiar as sports terminology, it has also played into our desire to punish certain segments of society for their belief that the law does not relate to them in the same way that it does for others. The original show had become so successful over the years, there are any number of spinoffs that are continuing to entertain those of us who want to see “the scum of the earth” get their “just rewards” in life.
Among those whom the writers admired most in their weekly scripts were “the rich people,” according to Stanley Fish in an Op-Ed piece in the New York Times (on August 2, 2010). He wrote that Law & Order hated rich people because “they are arrogant, they are condescending, they consume conspicuously, and worst of all, they believe they are above the law. … Time and again wealthy people manipulate the system by getting well-connected friends to intervene in cases or by hiring high-priced lawyers who know how to put up procedural road blocks forever.”
According to Mr. Fish, the rich are not the only targets that this popular show has aimed its sights on. Children of rich folks, who attend private schools, consider themselves just as privileged as their parents, justifying their cruel behavior towards the poor and the indigent as something that the psychiatrist can explain away with a diagnosis and a few sessions that will lead to a cure. Doctors who mistreat their patients and violate their trust as well as their personal privacy fare no better in numerous episodes. Even clergy have their difficulties coming clean in various scripts, both priest and rabbi! Then there are the bankers, and the CEOs, and other business types who hold themselves in such high esteem as they carry out their day-to-day schemes on how to cheat others, defraud the public, betray our trust, and endanger others with their practices.
So, who’s left? The show praises the men in blue and the detectives who represent the common folk as they come to work each day prepared to battle the streets of New York, which isn’t quite Gotham City or the universe as a whole, but certainly qualifies as being close enough! They spend their time as heroes, ridding our cities of bad people in the same way that a soldier takes down the enemy with such grit and determination that sometimes you need to get dirty. In a sense, they are sometimes given a free pass on their actions, as well as the lawyers who work for the District Attorney’s office despite the fact that the higher-ups may need to address the political agendas of an even higher authority, disrupting the balance of justice in the courtroom.
In his astuteness of what is happening in this television drama, Mr. Fish notes that “McCoy’s bending of the rules is forced on him by the ever rising tide of corruption and influence; the legal system is always in danger of being overwhelmed; and in order to save it, he reasons, one must violate its principles of fairness, impartiality, and transparency.”
What I admire most, however, is the complexion of the jury pool, which, in contrast to the perpetrators, was composed of hard-working, lower economic class men and women who knew the value of a day’s work. We can always count on them getting the verdict right, by the end of each episode.
Our Torah portion for today begins with the words, “You shall appoint magistrates and officials for your tribes … and they shall govern the people with due justice. You shall not judge unfairly; you shall show no partiality; you shall not take bribes …” (Deuteronomy 16:18-19). It points us in a slightly different direction than the one that I have just described at rather great length. We are told by Moses as he speaks to the younger generation, that they need to be especially careful when rendering a decision on public matters, to not let themselves be fooled by a person’s wealth nor their poverty. Justice NEEDS to be blind. Yet, we all realize that in all practicality that justice is not always blind to the truth. Sometimes, it is difficult for us to set aside our prejudices between rich and poor.
The next verse hints at that possibility when Moses says, “Tzedek, tzedek tirdof” and we speculate what he meant to say to us about what is fair and equitable in our world. The word “tzedek,” meaning “Righteousness” or “Justice,” is mentioned twice when once is all that is necessary. If the Torah rarely repeats itself, there must be a hidden message in the Torah.
According to some interpreters, the two words refer to the double world that the majority of us live in when it comes to handing out justice. During the High Holidays we appeal to God who is the executer of both “din and rachamim” – “judgment” and “mercy.” God is both objective in His evaluation of our behavior when it comes to the merits of our case before the Heavenly Tribunal, as well as being compassionate and understanding when it comes to handing out our decree, being merciful in our evaluation. What is expected of us is that we, too, will be like God when handing out verdicts. While the people who are involved with the justice system are never blindfolded to both the perpetrators and the victims, perhaps this is a blessing of humility in our ability to be fair and equitable while overcoming whatever prejudices we may hold to certain “groups.” This plays into the fact that all people are created in the image of God, and that image comes in various colors, as well as numerous economic groups, and certainly national origins. Favoritism, whether it is towards the elite and their powers of influence, or towards the poor who draw our sympathy, should never have a place in any legal system if it is to be held accountable to what is right and just!
As we enter the second week of Elul, let us ponder how our decisions and judgments may have been swayed in the past year, because of things we heard or things that we saw – that caused our heart and mind to go astray – and evaluate how we might be more fair and equitable in the coming year when judging others as well as judging ourselves. May the world be as just with us as we are merciful to others. May we live with peace and security knowing that we share with others a world where there is both law and order to our universe.
