The 17th-Century Statesman and Philosopher Who Found in the Talmud the Key to England’s Political Future

A jurist, scholar, political thinker, and member of parliament, John Selden (1584-1654) played an important role in Britain’s political and religious development during one of its most tumultuous periods. His erudition extended not only to Latin and Greek but also to Hebrew, Aramaic, and Arabic, and his systematic study of the Talmud and other rabbinic works informed much of his political thought. Reviewing Ofir Haivry’s recent John Selden and the Western Political Tradition, Noel Malcolm writes:

As Haivry shows, Selden’s political career, with its apparent shift from radical oppositionist to conservative critic of parliamentary innovations, followed a consistent set of principles. Selden was one of the leading English thinkers who developed a fully constitutional theory of the exercise of political power: [to him,] apparently exceptional areas of decision-making, such as the royal prerogative, or emergency powers justified by “reason of state,” had to be enclosed within a legal framework, and the final guarantor of that framework was . . . parliament itself. Yet the constitution was what it was, with the king’s distinct authority interlocking with parliamentary power; for parliamentarians to appropriate royal rights was just as bad as the king imposing taxes without their consent.

The principle that, legally and politically, we must accept that things are what they are—and not what our a-priori theorizing would prefer them to be—marks Selden down as a conservative; for Haivry, indeed, he is the unacknowledged founder of an English conservative tradition, as important as Burke but writing more than a century earlier. . . .

An important focus [in the book] is on Selden’s engagement with Jewish legal traditions. . . . On the face of it, the connection is problematic, as the Jewish nation had a very different history and culture from the English one. We could expect Selden to have become—as he did—an expert on Anglo-Saxon law in order to understand long-term English developments; but why the laws of the Talmud?

Part of Haivry’s answer is that to Selden, the Jewish tradition offered an exceptional case-study in how a complex legal system can be maintained, changing and developing incrementally all the while, over a huge length of time. In this sense it was just an exemplary model for English Common Law, rather than an influence. But, more importantly, Selden also believed that talmudic writers had preserved a fundamental set of natural laws, known as the “Precepts of the Sons of Noah,” which—Noah being the ancestor of the entire human race after the Flood—formed the basis of all legal and political systems.

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More about: Christian Hebraists, England, History & Ideas, Philosophy, Political philosophy, Talmud

Israel Should Try to Defang Hamas without Toppling It

Feb. 22 2019

For the time being, Hamas has chosen to avoid outright war with the Jewish state, but instead to apply sustained, low-intensity pressure through its weekly border riots and organizing terrorist cells in the West Bank. Yet it is simultaneously engaged in a major military build-up, which suggests that it has not entirely been deterred by the previous three Gaza wars. Yaakov Lappin considers Jerusalem’s options:

In recent years, the Israel Defense Force’s southern command, which is responsible for much of the war planning for Gaza, identified a long-term truce as the best of bad options for Israel. This is based on the understanding that an Israeli invasion of Gaza and subsequent destruction of the Hamas regime would leave Israel in the unenviable position of being directly in charge of some two-million mostly hostile Gazans. This could lead to an open-ended and draining military occupation. . . .

Alternatively, Israel could demolish the Hamas regime and leave Gaza, putting it on a fast track to a “Somalia model” of anarchy and violence. In that scenario, . . . multiple jihadist armed gangs lacking a central ruling structure would appear, and Israel would be unable to project its military might to any single “return address” in Gaza. This would result in a loss of Israel’s deterrent force on Gaza to keep the region calm. This scenario would be considerably worse than the current status quo.

But a third option, in between the options of leaving Gaza as it is and toppling Hamas in a future war, may exist. In this scenario, the IDF would decimate Hamas’s military wing in any future conflict but leave its political wing and police force in place. This would enable a rapid Israeli exit after a war, but avoid a Somalia-like fate for Gaza with its destructive implications for both Israelis and Gazans. . . .

On the one hand, Hamas’s police force is an intrinsic support system for Gaza’s terrorist-guerrilla forces. On the other hand, the police and domestic-security units play a genuine role in keeping order. Such forces have been used to repress Islamic State-affiliated cells that challenge Hamas’s rule. . . . Compared to the alternative scenarios of indefinite occupation or the “Somalia scenario,” a weakened Hamas might be the best and most realistic option.

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More about: Gaza Strip, Hamas, Israel & Zionism, Israeli Security