אישיות, אשמה ומוסר: עבריינות חוזרת במחשבה היהודית

The issue of recidivism is a central concern within the conflicting paradigms of retributive and utilitarian penal theories. In the present article this issue is examined by delving into sources within Jewish thought, with a specific focus on literature from Eastern Europe in the 19th century (Musar movement). Within this corpus, a multitude of criminological and legal perspectives regarding recidivism are presented, highlighting the dynamic interplayand inherent tension among various inclinations along the spectrum of determinism and free will. There are three rationales supporting the implementation of stringent measures against recidivists in Jewish thought. Firstly, recidivism may indicate a heightened degreeof culpability vis-à-vis individuals lacking a criminal history, as it serves as evidence of rejection of societal norms and values. Secondly, it may indicate an inherent immorality of the recidivist. Thirdly, it may signify a moral failure resulting from the recidivist's in ability to repent following the commission of the initial offense. Despite the differential assumptions and objectives underpinning religious and liberal-legal discourses, theproposed analysis holds the potential to make valuable contributions to the ongoing discourse within Jewish thought through the integration of legal and contemporary criminological perspectives. Moreover, such an analysis may even engender a reevaluation and critique of prevailing legal and criminological frameworks through the lens of religious modes of thought.