Democracy

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An Almost Democracy

COMMENTARY

In ancient Israel, even the king was subject to the same laws as everyone else, reflecting early democratic principles. Rabbi Jonathan Sacks' commentary on Deuteronomy explores the egalitarian nature of biblical law and its implications for kingship.

Third, and again unique to ancient Israel, the king had no special legislative powers. He did not make the law; he, like everyone else, was subject to it. The result of all these factors was that biblical Israel was what Walzer calls an “almost democracy.”

Covenant and Conversation; Deuteronomy; Renewal of the Sinai Covenant, Shoftim, Uneasy Lies the Head That Wears a Crown 24

The Halakhic Legitimacy of Israeli Law

JEWISH THOUGHT

The principle of 'dina de-malkhuta dina' (the law of the State is law) has profound implications for the legitimacy of Israeli law in defining Jewishness. Eliezer Berkovits explores the halakhic legitimacy of Israeli law through the interpretations of medieval commentators Rashbam and Ran, ultimately affirming democratic ideology in Israel.

Another possible argument for the halakhic legitimacy of Israeli law defining Jewishness is the talmudic principle of Sh’muel that says dina de-malkhuta dina, the law of the State is law. There are actually two trends in the interpretation of the principle. One is found in the commentary of the Rashbam (see Bava Batra 54b), according to which the law of the State is valid law because it is freely accepted by the people; it is an expression of the will of the citizens, and would certainly apply to the democratic legislation of Israel…

Unity in Judaism, Unity in the Midst of Plurality 28

From Moses to Modern Democracy

JEWISH THOUGHT

The Jewish contribution to democracy is rooted in the principles and political vision inherited from Moses and the prophets. Rabbi Jonathan Sacks' reflections in the Haggadah connect the ancient story of Passover to contemporary values and democratic participation.

That prayer has begun to be answered. In Israel, Jews have recovered sovereignty and reentered the mainstream of history. In the Diaspora, wherever they live in pluralist, liberal democracies, they have both a vote and a voice. Inescapably, after a lapse of eighteen centuries, Jews have reentered the political arena. They can do so in two ways: by defending Jewish interests, or by articulating Judaic principles. With regard to the first, there is no essential difference between Jews and any other religious or ethnic group. Each fights for its rights and defends its space…

The Jonathan Sacks Haggadah; Essays, The Story of Stories 20

Democracy and Equality

SECOND TEMPLE

Philo of Alexandria offers a unique perspective by favoring democracy as the best form of government, emphasizing its alignment with Jewish values of equality. Philo contrasts democracy with ochlocracy (mob rule) and highlights its characteristic of honoring equality, a view not commonly found in classical Greek philosophy.

§ 176. The best of constitutions, democracy. Philo several times speaks in this way of democracy (De Agr. 45, De Conf. 108, De Abr. 242, De Spec. Leg. iv. 237, De Virt. 180). In three of these places he contrasts it with ochlocracy, or mobrule, while in De Conf. he gives as its ruling characteristic that it honours equality. He does not seem to have got this view, at any rate of the name democracy, from the schools. Neither Plato nor Aristotle speak of it with such favour…

On the Unchangeableness of God, Appendix 43

The Challenges of True Democracy

COMMENTARY

Establishing and maintaining a true democracy is a complex and historically rare achievement that requires long-term societal development and education. Rabbi Jonathan Sacks, in his commentary on the Book of Numbers, draws parallels between biblical narratives and contemporary issues, offering profound insights into the challenges of democracy.

People still forget this. There have been wars in the twenty-first century – in Afghanistan and Iraq, for example – that were undertaken in the name of democracy and freedom. Yet that is the work not of war, but of education, society-building, and the slow acceptance of responsibility. It takes generations. Sometimes it never happens at all. The people – like the Israelites, demoralised by the spies’ report – lose heart and want to go back to the predictable past, not the unseen, hazardous, demanding future. That is why, historically, free societies are so rare…

Covenant and Conversation; Numbers; The Wilderness Years, Sh'lach, Time as a Factor in Politics 32

The Necessity of Community Consent

TALMUD

The appointment of a leader in a community requires the consent of the people. The Babylonian Talmud, in tractate Berakhot, recounts the process of appointing Bezalel, emphasizing the necessity of community consultation and agreement.

With regard to Bezalel’s appointment, Rabbi Yitzḥak said: One may only appoint a leader over a community if he consults with the community and they agree to the appointment, as it is stated: “And Moses said unto the children of Israel: See, the Lord has called by name Bezalel, son of Uri, son of Hur, of the tribe of Judah” (Exodus 35:30). The Lord said to Moses: Moses, is Bezalel a suitable appointment in your eyes? Moses said to Him: Master of the universe, if he is a suitable appointment in Your eyes…

Berakhot 55a:11

The Sovereignty of Torah in Governance

COMMENTARY

In any form of Judaic governance, the Torah's authority supersedes that of any ruler. Rabbi Jonathan Sacks, in his commentary on Leviticus, explores the primacy of Torah law over political leadership in Jewish history.

The Jewish people has experienced many forms of political leadership – elders, judges, kings, community councils, and currently, in the State of Israel, a democratically elected parliament. There may or may not be an ideal form of political leadership in Judaism – depending on the much-debated question as to whether the command in Deuteronomy to appoint a king is an obligation, a permission, or a concession. There are, however, constraints within which any form of Judaic governance must work. One is the overarching sovereignty of the Torah: the priority of right over might…

Covenant and Conversation; Leviticus; The Book of Holiness, Vayikra, The Sins of a Leader 7

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