Question: There are two legal systems in the world now. One originated in ancient Rome and is called codified law, and the entire list of crimes with maximum and minimum sanctions are clearly established in it. The second system is what is called judicial precedent, when a certain case once took place in history and the judge makes a decision based on it. But neither system is successful because crime is growing all the time. Why does crime continue to grow despite the fact that the legal system is evolving?
Answer: I understand lawyers. They are trying to somehow put society in order with the help of laws, restrictions, punishments, and rewards. This is the system of governance of society where it transcends the framework it set for itself.
However this is all temporary and conditional because we are changing the framework too. What used to seem like a great crime is now considered the norm. Whatever is accepted by society as something ordinary you can no longer treat as a special crime. The principle of Roman law does not work today at all. We cannot take their directions and treat a modern person according to them.
Look at how all values, attitudes to life, and attitudes to misconduct change from generation to generation. Therefore this whole system, of course, also needs constant change. But if we were in some kind of general consensus, we would understand which changes to accept as the norm and which not to accept.
Once it was believed that if someone spat at a distance of five meters from me, he insulted me. I would challenge him to a duel, kill him, and everyone would think I am a hero. Now there is no such framework. Who sets the framework for each level, for each person?
Besides, by nature we are completely different in our inherent properties. What is easy for one person to accomplish can be very difficult for another and vice versa.
There are people who try to fulfill the social framework and want to be on good terms with others. And this framework, this code, exists within them.
This is not so for the others. It is very difficult for them to agree with this. They have such an inner excitement that they do not feel others existing on par with them, but only below them.
The attitude to the world, to life, is so different for everyone that the establishment of a legal code and system of punishments does not take into account the person himself. No matter how hard a judge tries, he cannot perceive it. He does not understand the inner essence of a person, his natural inclinations, his genes, and does not take into account his upbringing and what happened to him during his formation. This is why we do more harm than good in this system.
Yet there is no solution. Kabbalah says if we want to evaluate a person correctly, we should evaluate him only through his soul. And who can do it?
Until our world reaches the spiritual level, when we all begin to feel the connection between each other in our souls, it will be uncorrected and ugly, and we will disfigure it more and more with the help of this supposedly just system of governance, the system of reward and punishment.
From KabTV’s “Close-Up, Presumption of innocence” 4/27/10