American and Jewish Law

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"Jewish and American law alike regard an infant as indistinguishable from a competent-if-unconscious person, and hold that even its parents can be liable for wrongs done to it. American law not only purports to limit the options of citizens, but to provide sanctions and even prior restraint. More remarkable still, American law appears not to recognize the problem of scarcity of resources.

Jewish and American law have in common that both have been built up over generations by following precedent--stare decisis--rather than by any intent to create a rational society (as in a constitutional convention): thus, even if the precedents are in harmony, it is always debatable what is the law of which the decisions are the evidence. Therefore, both bodies of law have difficulty with the issues raised by modern medical technology, ,,, "

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