The Torah of Character: Devarim: Cognitive Bias

Abstract

Sefer Devarim is also known in Hebrew as Mishneh Torah and in Greek as Deuteronomy. All three terms reflect the essential function of the book: Moses’ repetition and elucidation of the Bible’s laws and narratives. One of Moses’ first reiterated mandates is the creation of a network of judges. Moses reflects on his previous inability to adjudicate for the entire people and the subsequent tiered judicial system. The judges were charged: “Hear the disputes among your people and judge fairly, between one person and another” (Deut. 1:17), and “Do not show partiality in judgment: listen equally to the small and the great. Do not be intimidated by any man, for judgment belongs to God” (Deut. 1:18).

While the verses note explicit corruption, the sages are sensitive to subtler perversions of justice. Echoing the teaching of the Men of the Great Assembly in Ethics of the Fathers (1:1), one midrash teaches, “If a similar case comes before you one, two, or three times, do not say: I've already ruled on this several times; rather be deliberate in judgment.” What judicial distortion is this midrash cautioning against?