UNITED STATES
Social Science Research Network
Steven H. Resnicoff
DePaul University College of Law
June 1, 2012
Rutgers Journal of Law and Religion, Vol. 13, No. 2, 2012
Abstract:
Jewish law requires a person to exert one’s energies and expend one’s financial resources to prevent the commission of interpersonal crimes and to protect or rescue victims of such crime. By contrast, American law generally permits a person to watch another bleed to death without offering any assistance at all. Most Jewish law courses place great emphasis on this difference, and commentators frequently cite it as proof of Jewish law’s moral superiority.
However, with respect to the tragedy of child sexual abuse, the systems seem to have switched roles. American law imposes a variety of affirmative duties on individuals and organizations to protect prospective victims. These obligations include conducting fingerprint-based criminal background checks on employees and reporting reasonably suspected or reasonably believed child abuse to public authorities.
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