Whether one is a Republican or a Democrat, it is easy to cast a callous eye at Senate Judiciary Committee confirmation hearings for Supreme Court nominee Sonia Sotomayor and view it as no more than political theater and partisan grandstanding. In spite of my own personal need to be as cynical as is humanly possible, I do occasionally take a step back and reflect on just how extraordinary it is to live in a nation with an independent judiciary. Whether or not we agree with a Presidential nomination or a particular Supreme Court decisions, the fact that these nine individuals are empowered by our Constitution to make rulings that stand independent is a great gift that we should never take for granted. In countless countries across the globe the judiciary is no more than a strong-arm carrying out the policies of oft corrupt regimes. Chinese parents are deemed criminals for seeing the truth about children lost in an earthquake; Iranian protesters are arrested and die in prison for speaking out against a rigged election; A recent report on the Russian judicial system speaks of “telephone justice" -- an official calling and telling a judge how to rule.
For over three thousand years justice has been at the core of our Jewish tradition. “Justice, justice shall you pursue, that you may live, and inherit the land which the Lord your God gives you. (Deut. 16:18-20)
As we begin each day with the morning Shaharit service we are reminded of this extraordinary heritage. We read from the pages of Pirkei Avot 1:18:
“Rabban Shimon ben Gamaliel taught: The world rests on three principles: On justice, on truth and on peace – as it is written: “With truth, justice and peace shall you judge in your gates.”
Gamaliel’s restatement of the text from Proverbs places justice first within this trilogy of core human values. Can truth or peace exist without justice?
In our prayers we recall the Holy Temple in Jerusalem, but are reminded in Proverbs 21:3: “To do what is right and just is more desirable to G-d than sacrifice.” Countless generations of injustice and oppression have been pursued and perpetuated around the world since those words were uttered. For 3,000 years we have been called to pursue justice.
In preparing this D’var Torah I pondered that Hebrew has a number of terms to express the concept, or concepts of “justice”. “Din” refers to the exact quality of laws – one might say “the letter of the law”. “Mishpat” can be interpreted as the act of judging. Finally, “Tzedek” refers to a larger sense of social justice. These multiple terms reveal a keen cultural awareness of the complexity of justice. In the act of judging, the exact letter of the law must be balanced with the quality of “Rachamim” - compassion. Through these judgments we seek to advance a greater good.
From a Psalm for Tuesday (Psalm 62)
Champion the weak and the orphan;
Uphold the downtrodden and destitute
Rescue the weak and the needy;
Save them from the grip of the wicked
