Allowing justice to be twisted by emotions of sympathy for the unfortunate is no less corrupting than bending toward the rich and powerful out of a sense of awe or admiration, or in hopes of personal advancement. In both cases, feelings block the scrupulous application of rules of logic and fairness. In both cases, Jewish tradition suggests that the judge (or any other government official) has been, in effect, bribed.

On this point, leaders of the liberal Jewish establishment would no doubt object to the whole line of scripture-based reasoning, making the point that the Hebrew word for justice – “tzedek” – is directly related to the colloquial term for charity – “tzedaka.” This linguistic point has allowed many generations of Jewish fundraisers to make the pitch that for us, charitable giving isn’t a matter of special kindness or generosity, but an obligation of simple justice. As the Book of Deuteronomy (16:20) famously and resonantly declares: “Justice, justice shalt thou pursue.”

Actually, the better translation for this celebrated phrase (“Tzedek, tzedek teerdof” in Hebrew) would be “Righteousness, righteousness you should pursue.” When the book of Leviticus bans bias toward the poor as a “perversion of justice” the word used isn’t “tzedek” (best rendered as “righteousness”) but rather “Mishpat” (best rendered as “law” or “judgment”). Righteousness constitutes a personal goal for each individual – and very much includes charitable giving, and acts of loving-kindness for the impoverished and powerless. “Law” (or “judgment”) on the other hand describes an expression of organized society or governmental authority, which should treat all society’s members, rich and poor alike, in a non-prejudicial and neutral manner.

This distinction between personal obligations and official policy brings important implications for current controversies. As individuals, we should never try to look on Bill Gates and a homeless beggar as equally deserving of our sympathy or generosity. At the same time, twisting the law or administrative policy to favor the beggar in a dispute with Bill Gates would require the same abandonment of impartiality as privileging the Software Sultan over the pauper.

Does this mean that a system of progressive taxation constitutes the blurring of justice and charity that the Bible decries? The answer is almost certainly yes, and helps explain why so many conservatives yearn for a system of flat taxes or consumption taxes to replace the current nightmare of the IRS. This doesn’t mean that Mr. Gates would ever pay the same tax bill as our imaginary homeless gent--- if they both paid 10%, Mr. Microsoft would still pay vastly more in precisely the same ratio that he earned vastly more. But a system under which top earners get slammed with a 39.6% rate (as they will if Obama lets Bush tax cuts lapse, as promised) and struggling householders pay nothing, but actually get checks from the government totaling thousands of dollars (through the Earned Income Tax Credit and other scams), very clearly represents a society organized to favor the poor in a way that violates unbiased justice.

At a time when the outspoken religious left wants to claim scriptural sanction for its redistributionist schemes, when President Obama searches for a judge who will follow her compassionate heart rather than the Constitution, it’s appropriate to recall the timeless and necessary Biblical separation between public justice and private compassion.