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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

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic