The 17th-Century Statesman and Philosopher Who Found in the Talmud the Key to England’s Political Future https://mosaicmagazine.com/picks/2018/02/the-17th-century-statesman-and-philosopher-who-found-in-the-talmud-the-key-to-englands-political-future/

February 1, 2018 | Noel Malcolm

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.

Read more on Standpoint: http://standpointmag.co.uk/node/7055/full