[[Image:LegalSystemsOfTheWorldMap.png|thumb|right|300px|World distribution of major legal traditions]]
The Imperative of Legal System for Noahides includes the requirement to set up courts of Justice, and to refrain from any action that would lead to an unjust court decision. Just what are the implications of the Noahide imperative on Justice (Dinim) is the subject of dispute among major authors. On the one hand, authorities like [[Maimonides]] says: "They are obligated to set up judges and magistrates in every major city to judge according to the above six laws, to warn the nation [regarding their observance]"<ref>Mishneh Torah, Laws of Kings 9:14</ref> which seems to imply that the courts need only uphold the first six laws. Other authorities like [[Nachmanides]] disagree, and envision an entire legal system. Still other authorities give the national courts complete freedom to legislate anything as long as it doesn't contradict the seven laws, see Rabbi Yaakov Anatoli below.
 
All agree however that the following two aspects are implied: (a) that courts shall be established and (b) that any act which contributes to an unjust court decision shall be prohibited. That these two aspects are involved derives from the Talmudic remark to the effect that justice has reference to both (a) required acts of commission and (b) prohibited acts.
The consensus of halacha today is not like [[Maimonides]], but that the non-Jews are free to set up their own system of laws as long as they don't disagree with the [[Seven Laws|seven basic laws]]. The consensus of halacha today is that the existing national court systems are at least in part Noahide courts; that failing to uphold all seven noahide laws does not invalidate the national court as a Noahide court; that Noahides can fulfill their requirement of the [[Imperative of Legal System]] through these courts. The major disagreement among ''poskim'' today is if there is any value to the judgments of these national courts beyond their utilitarian value.
Noahide Law is a legal system that encompasses, and is the root of all proper religion and society. Noahide Law does not recognize a distinction between [[religion and state]] in terms of law, but contains them both. Most national courts have broken, to various degrees, with any sense of divine sanction for Law, and any attempt to approximate of Divine Law. This is slowly being replaced with a utilitarian, popular law, where legality is defined by majority vote of the population.
 
The legal systems of the world can be divided into three major systems or approaches. They consist of [[civil law]], [[common law]] and [[religious law]]. However, each country (see [[state law]]) often develops variations on each system or incorporates many other features into the system. Despite the usefulness of different classifications, every legal system has its own individual identity.
==Legal System in Jewish Law (for Noahides)==
Changes - Wikinoah English

Changes

Jump to: navigation, search

Imperative of Legal System

No change in size, 10:41, 16 March 2007
no edit summary
3,464
edits

Navigation menu