This book breaks new ground in the study of Judaism, in philosophy, and in comparative ethics. It demonstrates that the assumption that Judaism has no natural law theory to speak of, held by the vast majority of scholars, is simply wrong. The book shows how natural law theory, using a variety of different terms for itself throughout the ages, has been a constant element in Jewish thought. The book sorts out the varieties of Jewish natural law theory, illuminating their strengths (...) and weaknesses. It also presents a case for utilising natural law theory in order to deal with current theological and philosophical questions in Judaism's ongoing reflection on its own meaning and its meaning for the wider world. David Novak combines great erudition in the Jewish tradition, the history of philosophy and law, and the imagination to argue for Judaism in the context of current debates, both theoretical and practical. (shrink)

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, he presents a powerful challenge to (...) prevailing liberal and conservative positions on rights and duties and opens a new chapter in contemporary Jewish political thinking.For Novak, "covenantal rights" are rooted in God's primary rights as creator of the universe and as the elector of a particular community whose members relate to this God as their sovereign. The subsequent rights of individuals and communities flow from God's covenantal promises, which function as irrevocable entitlements. This presents a sharp contrast to the liberal tradition, in which rights flow above all from individuals. It also challenges the conservative idea that duties can take precedence over rights, since Novak argues that there are no covenantal duties that are not backed by correlative rights. Novak explains carefully and clearly how this theory of covenantal rights fits into Jewish tradition and applies to the relationships among God, the covenanted community, and individuals. This work is a profound and provocative contribution to contemporary religious and political theory. (shrink)

Leading contemporary Jewish thinker David Novak has here compiled ten of his essays on a variety of issues in Jewish ethics. Drawing constantly on classical Jewish tradition, Novak also looks at a wide range of modern critical scholarship on the ancient sources. He aims to point out certain common features of Jewish and Christian ethics and the normative implications of this overlapping of traditions; he assumes the reality of a "Judeo-Christian ethic," while refusing to minimize the doctrinal differences between the (...) two traditions. The essays address such major normative issues in social justice as ecology, war and peace, the treatment of minorities, and the approach to AIDS patients. This combination of theoretical reflection and practical application, along with careful and detailed analysis of classical Jewish texts, makes the book a welcome contribution to contemporary ethical theory and normative ethics as well as a work of original Jewish theology. (shrink)

In his 2001 book, With the Grain of the Universe, Stanley Hauerwas has made an extended case for Karl Barth as the model for how to do Christian ethics, and for Reinhold Niebuhr as the model for how not to do it. Though Barth's closer and deeper theological connection to the Christian tradition appeals to a Jewish traditionalist by analogy, nevertheless, Niebuhr's approach to social ethics, based as it is on a version of natural law, is of greater appeal. That (...) is because it is more philosophically arguable in a secular society and culture, and because it is more politically effective there. It is what made Niebuhr a more effective opponent of Nazism than was Barth. Also, Niebuhr's version of natural law is not a christianized version of Stoic natural law teaching but, rather, a profound use of the biblical prohibition of idolatry, having heretofore unnoticed affinities with rabbinic developments of that prohibition. (shrink)

Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a (...) rejection of Christian (or any other monotheistic) ethics, no matter how otherwise universal. Yet this essay argues that Jewish ethics that prescribes norms for all humans, and that is knowable by all humans, actually constitutes a wider moral universe than does Kantian ethics, because it can include non-rational human objects and even non-human objects altogether. This essay also argues that a totally egalitarian moral universe, encompassing all human relations, becomes an infinite, totalizing universe, which can easily become the ideological justification (ratio essendi) of a totalitarian regime. (shrink)

Many studies written about the Jewish-Christian relationship are primarily historical overviews that focus on the Jewish background of Christianity, the separation of Christianity from Judiasm, or the medieval disputations between the two faiths. This book is one of the first studies to examine the relationship from a philosophical and theological viewpoint. Carefully drawing on Jewish classical sources, Novak argues that there is actual justification for the new relationship between Judaism and Christianity from within Jewish religious tradition. He demonstrates that this (...) new relationship is possible between religiously committed Jews and Christians without the two major impediments to dialogue: triumphalism and relativism. One of the very few books on this topic written by a Jewish theologian who speaks specifically to modern Christian concerns, it will provide the groundwork for a more serious development of Jewish-Christian dialogue in our day. (shrink)

With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the constitution (...) of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition. (shrink)

This essay presents and analyzes the recent work of four prominent contemporary Jewish ethicists: Eugene Borowitz, David Novak, Byron Sherwin, and Walter Wurzburger. These authors are united in their affirmation of covenant as the central category of Jewish moral obligation and their concern to construct a Jewish ethic out of the classical sources of Judaism. Yet, as an individual analysis of their books will show, they adopt markedly different views of the authority of traditional Jewish law , the respective roles (...) of individual and community in moral deliberation, and the degree to which changing historical circumstances alter moral truths. (shrink)

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

The second volume of The Cambridge History of Jewish Philosophy provides a comprehensive overview of Jewish philosophy from the seventeenth century to the present day. Written by a distinguished group of experts in the field, its essays examine how Jewish thinking was modified in its encounter with modern Europe and America and challenge longstanding assumptions about the nature and purpose of modern Jewish philosophy. The volume also treats modern Jewish philosophy's continuities with premodern texts and thinkers, the relationship between philosophy (...) and theology, the ritual and political life of the people of Israel and the ways in which classic modern philosophical categories help or hinder Jewish self-articulation. These essays offer readers a multi-faceted understanding of the Jewish philosophical enterprise in the modern period. (shrink)

The second volume of The Cambridge History of Jewish Philosophy provides a comprehensive overview of Jewish philosophy from the seventeenth century to the present day. Written by a distinguished group of experts in the field, its essays examine how Jewish thinking was modified in its encounter with modern Europe and America and challenge longstanding assumptions about the nature and purpose of modern Jewish philosophy. The volume also treats modern Jewish philosophy's continuities with premodern texts and thinkers, the relationship between philosophy (...) and theology, the ritual and political life of the people of Israel and the ways in which classic modern philosophical categories help or hinder Jewish self-articulation. These essays offer readers a multi-faceted understanding of the Jewish philosophical enterprise in the modern period. (shrink)

There is no more satisfying philosopher to read than Aristotle. That is because he presents a more coherent and comprehensive system of thought than that of any philosopher who ever came after him. The best example of this unity of his thought is that no philosopher either before or after him has ever integrated ontology and ethics as thoroughly as did Aristotle. Even though we do not any longer call him “the philosopher,” as the medievals did, there has probably been (...) more written about him than has been written about any other philosopher. For that reason, any new book about Aristotle has the very difficult task of saying something new and significant about his philosophy. Yet, Richard Bodéüs has performed that difficult task well in this very important new book about one of the most misunderstood aspects of Aristotle’s thought: his theology. Indeed, this is the best book I have ever read about Aristotle’s theology, and the role of theology in Greek thought both before and after him. It will, no doubt, be the criterion of discussion about this indispensable topic for Aristotelian scholarship for many years to come. (shrink)

In the Jewish tradition there are those who simply identify divine justice with the specific divine commands, which is a theological version of legal positivism. This paper argues for another view in the Jewish tradition, viz., divine justice or divine wisdom is the rationale of the specific divine commands, thus making them more than arbitrary decrees. As the rationale of the specific divine commands, divine justice functions as a criterion of judgment that prevents irrational interpretations and unjust applications of the (...) specific divine commands. This approach is a theological version of natural law. (shrink)

In Defense of Religious Liberty contains David Novak’s vigorous—and paradoxical—argument that the primacy of divine law is the best foundation for a secular, multicultural democracy. Novak presents his claim, which will astound both liberal and conservative advocates of democracy, in political, philosophical, and theological terms. He shows how the universal norms of divine law are knowable as natural law, that they are the best formulations of the human rights of life, liberty, and the pursuit of happiness, and that their assertion (...) includes an explicit recognition of God as cosmic lawgiver. Furthermore, Novak maintains that the seemingly disparate ideas of divine command, natural law, and human rights can be integrated into one overall political theory. Novak reveals this integration at work in the classical texts of his own Jewish tradition, as well as in the canonical philosophical tradition of the West, from Plato to the Stoics to Grotius to Kant. He also convincingly makes the case that those who reject any legitimate role for religion in discussions of public morality inevitably substitute arbitrary human power for divine command, arbitrary positive law for natural law, and arbitrary governmental entitlements for human rights that exist prior to the establishment of the state. Novak concludes that religious traditions like Judaism, precisely because they incorporate the doctrines of God the cosmic lawgiver, natural law, and human rights, provide the most coherent ontological foundation for democracy in today’s world. (shrink)

This book is a thorough reworking of the author's 1971 dissertation at Boston University, thus reading like a well-crafted monograph. It is the first such work devoted to the thought of Wild, an important and influential American philosopher in his day but now largely forgotten. Kaufman attempts to show the significance of Wild's thought, especially for the current philosophical interest in the realm of interpersonal relations. Indeed, Wild was one of the first American philosophers to appreciate the work of Emmanuel (...) Levinas, who is the subject of much current philosophical attention. The book presents a lucid portrayal of Wild's philosophical development, with a constant eye to its present relevance. (shrink)

In his learned and insightful reading of the eighteenth-century German–Jewish philosopher Moses Mendelssohn, Gideon Freudenthal clearly wants to rescue him from total irrelevance. For Freudenthal claims that “Mendelssohn’s philosophy of Judaism—and of religion in general—can be defended and, in fact, still deserves contemporary interest” (12). But does Mendelssohn’s philosophy deserve the interest of philosophers who are interested in what is still significant in the present first for themselves and then for everybody else; or perhaps it deserves the interest only of (...) historians of ideas who are interested only in what was significant in the past for those who lived then? (Let it be assumed that a philosopher .. (shrink)

Diskin Clay’s Platonic Questions is a bold attempt to represent the essential trajectory of Plato’s unique way of philosophical writing in order to induce the reader to imitate Plato. Nevertheless, the question Clay’s readers need to ask him is whether we can read Plato, at this point in history, having enough in common with his vital philosophical concerns to be able to imitate the way he philosophized in his dialogues? Clay’s bold project calls for such a bold question.

Barth and Niebuhr seemed to be wary of natural law because each of them thought that the “natural” in natural law means that natural law has to be rooted in natural theology. However, natural law today is more cogently formulated without any natural theology at all. “Natural law” means that law can be derived from the twofold character or nature of human personhood: the capacity for a communal relationship with other humans, and the capacity for a covenantal relationship with God, (...) both of which continually overlap in human life. The natural or external world only provides the backdrop for these human capacities; it does not determine them. (shrink)