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Answer: [Some of the basics of the matter of adjudication in secular court are discussed in, among other places, Living the Halachic Process V:I-2.]
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
333 - Trying on Tefillin at Night
334 - Is Partial Compliance to Choshen Mishpat Helpful?
335 - Moving Kugel into a Cholent Pot – Revisited
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There are practical differences (some certain, some possible) between these elements, with each one applying to cases the other might not. The matter of taking money in an unauthorized manner might not apply when: 1. Both sides prefer the secular courts and thereby authorize the other side to receive the "fruits" of their ruling. 2. The side that won checked responsibly with halachic experts (including by telling all of the arguments the other side could raise) that he deserves the court’s award. The matter of preferring another judicial system may not apply if: 1. There is no beit din available to adjudicate (see Living the Halachic Process V:I-2). 2. From the perspective of one litigant, he had no choice because the other litigant refused to go to beit din.
If one has already received a favorable ruling from a secular court, is he allowed to accept the award without further investigation? The matter of disgracing the Torah has already occurred – in some cases he or both sides were at fault; in other cases, the other side forced him. The question is, in each of the scenarios, what to do about the money which he might have or might not have been awarded in beit din. See opinions on the matter in Techumin vol. XXV, p. 249-253 and Eretz Hemdah’s position paper from 5774.
Would it make a difference if the specific matter is something in which the secular courts follow Choshen Mishpat? As long as the system is based on a different judicial authority, the problem of disgrace remains. The Shulchan Aruch (CM 26:1) rules that one is not allowed to go to a non-Jewish court even regarding a topic in which their laws are identical to Halacha. The Tzitz Eliezer (XII:82), in expounding on a letter by Rav Tzvi Pesach Frank, says that the situation is not better and is, in some ways, worse regarding Jewish courts that adopt a non-Jewish system. In such cases, the matter of taking money not coming to the litigant is less likely to be a problem. On the other hand, those who are not trained in Halacha cannot be trusted to implement its rules correctly. Rav Yaakov Ariel (Techumin vol. I, p. 319-328) argues that accepting certain rulings based on halachic sources (what Israeli academia calls Mishpat Ivri) does not remove the halachic and philosophical problems of going to a secular court. On the other hand, purposely and increasingly adopting elements of Choshen Mishpat would (if it occurred) lessen the sting of rejecting Torah-based justice.
In summary, there are small gains when secular law adopts halachic laws and principles, but it does not remove or dramatically alter the halachic and philosophical problems of adjudicating before their courts.
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
