Judaism’s Contribution to English Legal Theory

July 18 2016

During the ongoing debates over “Brexit,” members of the British legal establishment have inclined toward skepticism about their country’s membership in the EU on the grounds that European law threatens to replace or preempt English common law. Ofir Haivry, reflecting on a similar debate that took place 400 years ago, notes the surprising influence of Jewish legal theory:

[E]arly in the 17th century . . . schemes to codify English law were inspired by figures like Thomas Hobbes and the Dutchman Hugo Grotius, proposing to replace traditional laws with new universal theories based on . . . reason and natural rights. . . .

John Selden, the foremost common lawyer of his generation . . . [argued, to the contrary,] that universal moral principles can really be upheld only within particular legal systems fitted to the disposition and character of a nation.

As the model for his approach, Selden offered the Jewish legal tradition of the seven fundamental Noahide principles that, according to the Talmud, all the descendants of Noah (that is, all of humanity) were commanded to observe. Nations were free to devise laws according to their wishes and necessities, as long as they did not transgress these basic principles. Selden pointed out that the continued adherence of the Jewish nation to talmudic law in the centuries since the destruction of their state by the Romans proved the benefit of this approach. For the Jews, scattered around the world and with no central government, had long lost all political attributes of a nation but one—they still adhered to their traditional national law.

A nation defined by its particular laws and customs was, for Selden, the essence of England, too, and this idea has endured among common lawyers ever since.

Read more at Standpoint

More about: Common law, England, European Union, Hugo Grotius, Jewish law, John Selden, Seven Noahide Laws, Thomas Hobbes

Donald Trump’s Plan for Gaza Is No Worse Than Anyone Else’s—and Could Be Better

Reacting to the White House’s proposal for Gaza, John Podhoretz asks the question on everyone’s mind:

Is this all a fantasy? Maybe. But are any of the other ludicrous and cockamamie ideas being floated for the future of the area any less fantastical?

A Palestinian state in the wake of October 7—and in the wake of the scenes of Gazans mobbing the Jewish hostages with bloodlust in their eyes as they were being led to the vehicles to take them back into the bosom of their people? Biden foreign-policy domos Jake Sullivan and Tony Blinken were still talking about this in the wake of their defeat in ludicrous lunchtime discussions with the Financial Times, thus reminding the world of what it means when fundamentally silly, unserious, and embarrassingly incompetent people are given the levers of power for a while. For they should know what I know and what I suspect you know too: there will be no Palestinian state if these residents of Gaza are the people who will form the political nucleus of such a state.

Some form of UN management/leadership in the wake of the hostilities? Well, that might sound good to people who have been paying no attention to the fact that United Nations officials have been, at the very best, complicit in hostage-taking and torture in facilities run by UNRWA, the agency responsible for administering Gaza.

And blubber not to me about the displacement of Gazans from their home. We’ve been told not that Gaza is their home but that it is a prison. Trump is offering Gazans a way out of prison; do they really want to stay in prison? Or does this mean it never really was a prison in the first place?

Read more at Commentary

More about: Donald Trump, Gaza Strip, Israeli-Palestinian Conflict