Judaism and Human RightsMilton Ridvas Konvitz Areligion or a culture like Judaism, at least three thousand years old, cannot be expected to be all of one piece, homogeneous, self-contained, consistent, a neatly constructed system of ideas. If Judaism were that, it would have died centuries ago and would be a subject of interest only to the historian and archaeologist. Judaism has been a living force precisely because it is a teeming, thundering, and clamoring phenomenon, full of contrary tendencies and inconsistencies. Although there are no words or phrases in Hebrew Scriptures for "human rights," "conscience," or "due process of law," the ideals and values which these concepts represent were inherent in the earliest Jewish texts. This volume begins with four essays on the concept of man's being born "free and equal," in the image of God. The underpinning of this concept in Jewish law is explored in Section 2, entitled "The Rule of Law." Section 3, "The Democratic Ideal," traces the foundations of democracy in the Jewish teachings in the Bible and the Talmud, which in turn influenced the whole body of Western political thought. Relations between man and man, man and woman, employer and employee, slave and master are all spelled out. Section 4 presents essays analyzing man's freedom of conscience, and his God-given rights to dissent and protest. Section 5 deals with aspects of personal liberty, including the right of privacy. Section 6, entitled "The Earth is the Lord's," deals with the Jewish view of man's transient tenancy on God's earth, his obligations not to destroy anything that lives or grows, and to share the earth's bounty with the poor, the widowed, and the orphaned. Section 7 delivers an analysis of the "end of days" vision of Micah and man's continuing need to strive for peace and not for war. The volume concludes with three new essays, dealing with contemporary issues: "In God's Image: The Religious Imperative of Equality under Law"; "The Values of a Jewish and Democratic State: The Task of Reaching a Synthesis"; and "Religious Freedom and Religious Coercion in the State of Israel." This enlarged edition is accessibly written for a general and scholarly audience and will be of particular interest to political scientists, historians, and constitutional scholars. |
From inside the book
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... legislation violated the Basic Law : Human Dignity and Freedom , that the Knesset had adopted in 1992. ( I shall discuss this Basic Law at a later point . ) As a result of this very significant , remark- able decision , men and women in ...
... law with respect to personal status , touching such matters as marriage , divorce , inheritance , and burial , was ... Basic Law . Each chapter shall be submitted to the Knesset [ for ratification ] INTRODUCTION TO THE TRANSACTION EDITION 3.
... Basic Laws were enacted , of which the most important one for our concern with human rights in Israel is the Basic Law ... Basic Law just mentioned , protected civil liberties and fundamental human rights , judicial decisions protected such ...
... basic human rights in the State of Israel . It is important to note that the Court did not void the law on which the ban had been based , but held the ban to be in violation of the law — the law as interpreted in light of the ...
... Basic Law shall not be infringed save where provided by a law which accords with the values of the State of Israel , which was intended for a fitting purpose , and only to the extent necessary . 9. The rights conferred by this Basic Law ...
Contents
27 | |
33 | |
55 | |
Many Are Called and Many Are Chosen | 75 |
The Rule of Law | 85 |
Editors Note | 87 |
The Bible and the Rule of Law | 89 |
Kingship under the Judgment of God | 92 |
Editors Note | 215 |
The Good Life | 216 |
The Right of Privacy | 225 |
There Shall Be No Poor | 234 |
The Earth Is the Lords | 247 |
Editors Note | 249 |
Man as Temporary Tenant | 251 |
Do Not Destroy | 259 |
The Rule of a Higher Law | 99 |
The Democratic Ideal | 115 |
Editors Note | 117 |
Judaism and the Democratic Ideal | 119 |
Foundations of Democracy in the Scriptures and Talmud | 140 |
Democratic Aspirations in Talmudic Judaism | 145 |
Freedom of Conscience | 157 |
Editors Note | 159 |
Conscience and Civil Disobedience | 161 |
Freedom of Religion Absolute and Inalienable | 179 |
The Right of Dissent and Intellectual Liberty | 190 |
Life Liberty and the Pursuit of Happiness | 213 |
Ecology and the Jewish Tradition | 265 |
Pursuit of Peace | 275 |
Editors Note | 277 |
The Vision of Micah | 278 |
Human Rights in an Israeli Context | 289 |
Religious Freedom and Religious Coercion in the State of Israel | 291 |
The Religious Imperative of Equality Under Law | 335 |
The Task of Reaching a Synthesis | 353 |
Contributors | 419 |
Index | 421 |