From
Conservative
Judaism, Vol. 41(3), Spring 1989 @1989 The Rabbinical
Assembly
The Halakhic Process: A Systemic Analysis, by Joel Roth. New
York: Jewish Theological Seminary, 1986, 398 pages.
…In chapter 10, dealing with the language of the
halakhic responsum, the author reveals for the first time his identity (he
calls it "the third group") vis-à-vis Orthodoxy and Reform. While the
reviewer would have like to see ethics as a criterium
for the decision-making of this third group, Rabbi Roth sees "ethical and
moral issues" as proper subjects for halakhic analysis" (p. 311).
This means that ethics is not recognized by the author as a supreme principle
but as a datum which may or may not be taken into consideration by the halakhist. He warns the readers that concepts like
"justice," "righteousness," "uprightness,"
"morality" and "propriety" have no precise, objective
meaning or application (p. 314). As a result he would probably see the halakhah
as superior to moral feeling. The reviewer would admit that error is human, but
would apply the principle mentioned by the author pp. 83 ff.): ein lo la-dayyan ella mah
sheeinav ro-'ot….