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words might find a receptive audience has by definition violated this prohibition. This is not the case with torts, where the prohibition attaches to the actual damage that one does to another”: cited in Rakover(note 57, above), p. 31, note 8.
80.7bid. jp. 32. 81. 1bid., p. 311. 2.1bid., p. 310.
83.“One example,” because others make the same sort of interpretive move. See Norman Lamm (note 57, above, at pp. 296-298), who cites the fundamental principles of modesty(tz'niyuf) and that man is created in the divine image (b’tzelem elohim) as the conceptual grounding for the specific provisions that protect the individual from the trespass of others.
84. Let me cite a few examples of this phenomenon. A philosopher notes that gossip is not, in the main, malicious and that it“is engaged in for pleasure, not for the purpose of hurting someone”, Aaron Ben-Ze’ev. “The Vindication of Gossip,” in Robert F. Goodman and Aaron Ben-Ze’ev , eds., Good Gossip(Lawrence, KS : University Press of Kansas , 1994), p. 11-24. A legal scholar argues that gossip “increases intimacy and a sense of community among disparate individuals and groups”; Diane L. Zimmerman(note 43, above), p. 291. An anthropologist defends gossip as a form of communication that, precisely because it is conducted out of earshot of the person talked about, enables people to discuss their neighbors in such a way as to avoid fights and open conflict; Karen Brison, Just Talk: Gossip, Meetings, and Power in a Papua New Guinea Village(Berkeley : University of California Press , 1992), p. 11.
85. A few examples will have to suffice. Robert Gordis speaks of“abiding principles of Jewish law, especially k vod bab riyot, in his The Dynamics of Judaism(Bloomington: Indiana University Press , 1990), pp. 121-126. Elliot N. Dorff discusses the relationship between“moral norms” and halakhic decision in For the Love of God and People(Philadelphia : Jewish Publication Society , 2007), pp. 211-243. Moshe Zemer builds a great deal of his approach to halakhah upon these principles; see the first section of his Evolving Halakhah(Woodstock , VT : Jewish Lights, 1998). Eliezer Berkovits , the noted Orthodox theologian , was also a creative(and to my mind progressive) halakhic thinker; see his Hahalakhah: kochah v'tafkidah(Jerusalem : Mosad Harav Kook, 2006), especially at pp. 112158. Louis Jacobs charts the relationship between halakhah and the ethical principles(including that of derekh eretz or“good manners”) in his magisterial 4 Tree of Life (Oxford : Oxford University Press , 1984), pp. 182-199. Joel Roth considers the influence of“ethical data” upon halakhic decision in The Halakhic Process: Systemic Analysis(New York : Jewish Theological Seminary , 1986), pp.