Covenantal Rights: A Study in Jewish Political Theory
Covenantal Rights is a groundbreaking work of political theory: a comprehensive, philosophically sophisticated attempt to bring insights from the Jewish political tradition into current political and legal debates about rights and to bring rights discourse more fully into Jewish thought. David Novak pursues these aims by presenting a theory of rights founded on the covenant between God and the Jewish people as that covenant is constituted by Scripture and the rabbinic tradition. In doing so,...
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"This will be a reference point for all those seeking a profound Jewish consideration of issues in political theory for years to come. It will be read with profit not only by those interested in the Jewish political tradition, but also by moral philosophers, students of Jewish theology, and anyone concerned with the contemporary debate on religion and public affairs."--Alan Mittleman, Muhlenberg College"In preparing this book, Novak has had the insight, grace, and fortune to construct one of those concepts that reorganize and recenter academic debates in a given field. Here it is the concept of 'covenantal rights,' which he offers as an alternative to both liberal natural rights theory and neo-conservative communitarianism The book reflects the depth and breadth of Novak's research and thinking both inside and outside the Jewish tradition."--Peter W. Ochs, University of Virginia
Preface ix Abbreviations Used in Text xiiiIntroduction 3 Individuals and Societies: Rights and Duties 3 Autonomy and Personal Claims 12 The Political Dilemma of Modern Jews 25 Haim Cohn and the Secularization of Jewish Law 32Chapter I. God and Human Persons 36 God's Absolute Power 36 Power as a Right 40 Negative Commandments 44 Positive Commandments 50Chapter II. Human Persons and God 56 Dependence as the Primary Human Claim on God 56 Prayer: Cognitive or Emotive? 60 God's Commandments as Human Rights 65 The Human Right to God's Justice 71Chapter III. God and Covenanted Community 77 The Immediacy of the Community 77 Election and Covenant 84 General Covenantal Claims on the Community: Justice 86 Specific Covenantal Claims on the Community: Compassion 90 Specific Covenantal Claims on the Community: Public Worship 94 The Most Specific Covenantal Claim on the Community: Martyrdom 96Chapter IV. Covenanted Community and God 99 Covenantal Faithfulness 99 Specific Jewish Covenantal Claims 105 Legal Authority as a Communal Right 108Chapter V. Between Human Persons 117 Personal Mutuality 117 What Is Hateful to You 119 Retaliation 121 Self-Interest and Self-Love 122 Rights and Self-Interest Alone 131 The Love of Neighbor 142 Who Is Your Neighbor? 147Chapter VI. Covenanted Community and Human Persons 153 The Covenanted Community 153 Community and Normative Generality 158 Familial Duty 166 According to Nature 172 Exceptions to the Norm of Procreation 176 The Lethal Claims of the Community 179Chapter VII. Human Persons and Covenanted Community 187 The Contemporary Importance of Individual Rights 187 The Right to Protection from Harm 187 The Right to Public Assistance 192 The Right to Social Inclusion 196 Individual Rights against Society 204 Naboth's Vineyard 205 The Right of Eminent Domain 209 The Issue of Public Violence 214Bibliography 219 Index 233
