Article by Irene Merker Rosenberg and Yale L. Rosenberg
In this article Professors Irene and Yale Rosenberg analyze capital punishment under Jewish Law, focusing on the four biblical death penalties: stoning, burning, beheading, and strangulation. To modern sensibilities these methods of execution may appear barbaric, especially as compared to death by lethal injection. As with most of Jewish Law, however, one cannot read the Bible without reference to the Talmud. The Talmud makes it clear that because of various evidentiary, procedural, and substantive barriers it is almost impossible to impose the death penalty.
The Talmudic discussions of the death penalties reveal that the Sages stressed the need for a ‘favorable death,‘ one that would not unnecessarily prolong the death agony nor subject those undergoing execution to indignity. Finally, the authors compare the Jewish Law of capital punishment with that of the United States. They conclude that although Jewish Law seems harsher, it prevents innocent people from being executed and emphasizes the sanctity of life.
About the Author
Irene Merker Rosenberg. Royce R. Till Professor of Law, University of Houston Law Center. B.A. College of the City of New York, 1961; LL.B. New York University School of Law, 1964.
Yale L. Rosenberg. A.A. White Professor of Law, University of Houston Law Center. B.A. Rice University, 1959; LL.B. New York University School of Law, 1964.
Citation
78 Tul. L. Rev. 1169 (2004)