ABSTRACT

This chapter argues that the different Rabbinic sources do indeed present a coherent position on the duty of deference to legal authority. The dilemma posed by erroneous rulings has significant social and existential implications. The rebellious elder is convicted for issuing a directive contrary to the ruling of the High Court, thereby undermining its authority. The scope of the obligation to obey court rulings can also be viewed from another perspective: the type of ruling and the nature of the error involved. The chapter examines how the principles in the context of rulings of the High Court in Jerusalem apply in the context of halakhic rulings issued by lower courts. It looks at two categories of unambiguous and objective error that invalidate legal rulings: mistakes relating to facts and mistakes relating to law. The erroneous rulings discussed in mHorayot are legal errors, that is errors in interpreting or applying the law.