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.

Read more at Standpoint

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

 

It’s Time for Haredi Jews to Become Part of Israel’s Story

Unless the Supreme Court grants an extension from a recent ruling, on Monday the Israeli government will be required to withhold state funds from all yeshivas whose students don’t enlist in the IDF. The issue of draft exemptions for Haredim was already becoming more contentious than ever last year; it grew even more urgent after the beginning of the war, as the army for the first time in decades found itself suffering from a manpower crunch. Yehoshua Pfeffer, a haredi rabbi and writer, argues that haredi opposition to army service has become entirely disconnected from its original rationale:

The old imperative of “those outside of full-time Torah study must go to the army” was all but forgotten. . . . The fact that we do not enlist, all of us, regardless of how deeply we might be immersed in the sea of Torah, brings the wrath of Israeli society upon us, gives a bad name to all of haredi society, and desecrates the Name of Heaven. It might still bring harsh decrees upon the yeshiva world. It is time for us to engage in damage limitation.

In Pfeffer’s analysis, today’s haredi leaders, by declaring that they will fight the draft tooth and nail, are violating the explicit teachings of the very rabbis who created and supported the exemptions. He finds the current attempts by haredi publications to justify the status quo not only unconvincing but insincere. At the heart of the matter, according to Pfeffer, is a lack of haredi identification with Israel as a whole, a lack of feeling that the Israeli story is also the haredi story:

Today, it is high time we changed our tune. The new response to the demand for enlistment needs to state, first and foremost to ourselves, that this is our story. On the one hand, it is crucial to maintain and even strengthen our isolation from secular values and culture. . . . On the other hand, this cultural isolationism must not create alienation from our shared story with our fellow brethren living in the Holy Land. Participation in the army is one crucial element of this belonging.

Read more at Tzarich Iyun

More about: Haredim, IDF, Israeli society