Introduction
J |
ewish statesmanship does not exist
in Israel.а Jews do become prime
ministers, as did Benjamin Disraeli and Pierre Mendes France.а But no sober person expected Jewish
statesmanship from these English and French Jews.а No one expected them to incorporate Jewish laws and principles
into the legislation of their respective countries, or to pursue foreign
policies inspired by distinctively Jewish goals.а These Jews did not think like Jews but like Gentiles.а Much the same may be said of the prime
ministers of Israel.
ааааааааааа
At this point let us define
what is meant by statesmanship in general, and Jewish statesmanship in
particular.
ааааааааааа If statesmanship is
defined as the application of philosophic wisdom to action, then Jewish
statesmanship is the application of Jewish wisdom to action.а Architectonic statesmen such as James
Madison and Alexander Hamilton studied the great philosophers, those who
addressed themselves to such questions as УHow should man live?Ф and УWhat kind
of government is most conducive to human excellence?Фа They employed ancient and modern wisdom in the process of
designing a constitution appropriate to the character and circumstances of the
American people.[1] Although Jewish
statesmen will study the great philosophers, they will delve primarily into the
wisdom of Judaism and ask, УHow should Jews as Jews live?Ф and УWhat kind of
government is appropriate to contemporary Israel and conducive to Jewish
excellence?Фа
ааааааааааа When we consider,
however, the conflicting doctrines of philosophers and the diverse life
experiences of hundreds of Jewish communities during the last two thousand
years, it will beа obviousа thatа
Jewishа statesmanshipа isа
far
beyond the capacity of ordinary politicians.а Still, Jews can ill-affordа
toа leaveа theirа
destinyа inа the hands of political amateurs.а This certainly applies to minuscule Israel
whose neighbors consist of Arab-Islamic dictatorships.а
ааааааааааа
Part
I.а Prerequisites of Jewish
Statesmanship
Jewish statesmanship has three basic
prerequisites:а (1) statesmen possessing
Jewish and secular wisdom; (2) political institutions that enable statesmen to
exercise leadership yet render them accountable to their people; and (3) a people
whose love of freedom is embedded in a tradition that honors moral excellence,
wisdom, and truth.
A.а The
Jewish Statesman
The Jewish statesman is first and foremost an educator whose power is
less political than intellectual and moral. Hence the Jewish statesman must be
well educated in the heritage and history of the Jewish People.а This is a formidable task, since the
knowledge Jews have accumulated during the past four millennia is vast and
unsurpassed.а
ааааааааааа Jews have excelled in
virtually every discipline, especially in the domain of law.а Consider Jewish law (Halakha), but
only so far as concerns the relations between man and man (in contradistinction
to the relation between man and God).а
That we should begin with a consideration of Jewish law in discussing
Jewish statesmanship is appropriate if only because Jewish law is the one thing
that has preserved the Jewish people and their national identity.
ааааааааааа Like other legal
systems, Jewish law has various branches, for example, civil and criminal law,
public and administrative law.а Extant
Jewish legal knowledge includes 7,000 volumes or 300,000 instances of case law
dealing primarily with the social and economic problems of Jewish communities
dispersed throughout Europe and North Africa.а
This enormous body of case law is being organized at two Israeli
universities, and not merely for its historical interest, but for its potential
relevance to contemporary problems.а
(Because case law arises out of factual conditions and resolves existential
controversies, it is by no means subordinate to codified law.)а This repository of legal knowledge will be
available to statesmen.а It will teach
him important principles of Jewish governance.а
ааааааааааа First, Jewish law will
teach him that no one is above the law; indeed, that God Himself is bound to
observe the laws of the Torah (Jerusalem Talmud, Rosh Hashana
1:3a).а Hence our Jewish statesman will
reject the Latin maxim Princeps legibus solutus estЧThe ruler is not
bound by the law.а A relic of this
maxim will be found in modern Israel: УNo act of legislation shall diminish the
rights of the State, or impose upon it any obligation, unless explicitly
stated.Ф[2]
Second, Jewish law will
teach our statesman that the individual must never be sacrificed for the sake
of the state.а Third, Jewish law will
teach him how to secure individual equity while promoting the common good.а
ааааааааааа Fourth, since our
statesman will be learned in Jewish history, he will know that Jewish law is
not static but dynamic, that Judaism reconciles permanence and change.а He will know that Jews survived the
vicissitudes of the past because, thanks to their great Rabbis, they learned
how to adapt to changing circumstances and still adhere to the Torah, mankindТs
first written Constitution.аа
ааааааааааа Fifth, our Jewish statesman
will know that only this Constitution can unite the Jewish People, and not
simply because of the TorahТs world-inspiring wisdom and models of human
excellence.а For the TorahТs
comprehensive and many-faceted system of law can harmonize the social and
economic relations of Jews of diverse ethnic backgrounds by providing them with
proven and venerable methods of resolving their differences.а As Professor Menachem Alon, former Vice-
President of IsraelТs Supreme Court, has written:а Уit is precisely in all the branches of Jewish law other than
marriage and divorce that it is possible ... to arrive at a common language and
understanding among various elements of the people who differ in their
religious and social outlook.Ф[3]а Since a vital objective of Jewish
statesmanship is to promote Jewish national unity, our statesman must be
sensitive to the potentially unifying influence of Jewish law.
ааааааааааа Sixth, and as will
shown later, Jewish law provides a rational and ethical foundation for
representative government.а However, to
avoid the mischievous tendency of apologists to assimilate Judaism to
democracy, the Jewish statesman will assimilate democracy to Judaism.а Accordingly, he will derive freedom and
equality, democracyТs two cardinal principles, from the TorahТs conception of
manТs creation in the image of God.а
This will provide these two ethically neutral and indiscriminate
principles of democracy with the ethical and rational constraints.
ааааааааааа Finally, although our
statesman will be educated in Jewish wisdom, he will have learned from such
masters of Jewish law as Maimonides and the Vilna Gaon that thorough knowledge
of the Torah requires veridical secular knowledge.а It follows that УJewish identityФ is not a sufficient condition
for Jewish statesmanship.а IsraelТs
religious parties have УJewish identity.Фа
However, because of their long dependence on secular parties, they lack
the breadth of vision and spiritedness required for Jewish statesmanship.а Regrettably, the narrowness and timidity of
Israeli politics have infected them.а
Without denying the accomplishments of the religious parties, too often
they use Torah for politics rather than politics for Torah.а The Jewish People require statesmen who
strive for the unity of thought and action prescribed in the Torah.а Exemplary personal character, however,
is not a sufficient prerequisite for Jewish statesmanship.а Which leads us to a discussion of political
institutions.
B.а
Political Institutions
Jewish statesmanship requires for its efficacy well-designed political
institutions.а Jews possess the ability
to flourish under political institutions far superior to those existing in
Israel.а This is why the present writer
has drafted a Constitution appropriate to the character and circumstances of
IsraelТs Jewish population.[4]а Although this Constitution and its rationale
have been published elsewhere, we may nonetheless appreciate the need for
constitutional reform simply by examining the inherent flaws of IsraelТs
existing political institutions.а This
will explain why Jewish statesmanship does not exist in Israel today.
ааааааааааа Political institutions
are not morally neutral mechanisms.а
They can influence the character and conduct of those who make the laws
and policies of a state.а Although even
the best-designed political institutions cannot ensure wise and virtuous
leadership, how institutions are designed can either restrain or liberate
egoism, the bane of good government.
ааааааааааа Egoism is as old as
Adam.а In Israel, however, egoism wears
not even a fig leaf. Egoism has been institutionalized in this country in two
basic ways.а First, IsraelТs
parliamentary system of proportional representation with a mere 1.5% electoral
threshold fosters what may be termed Уegocentric pluralism.Ф This low threshold
encouraged 33 (of 56 registered and mostly single-issue) parties to compete in
the May 17, 1999 parliamentary elections! Several established parties
fragmented.а In fact, no less than 29
MKs from the 14th Knesset switched allegiance to rival parties.а The motive of almost all of these
politicians is not ideological: their object is to obtain a safe place on the
lists of other parties. And so, thanks primarily to IsraelТs low parliamentary
electoral threshold, parties have become havens for job seekers.а
Some ten or more parties
typically win seats in IsraelТs 120-member Knesset.а Since no party has ever won a majority in that assembly, several
parties must join to form a Government, and they do so, said David Ben-Gurion
Уnot on the basis of a common program but merely to divide up the positions of
influence and the national budget.Ф[5]
ааааааааааа This egocentric
pluralism in the Knesset splinters the Government, whose cabinet ministers are
normally drawn from the Knesset.а Prime
Minister NetanyahuТs initial cabinet, which took office in June 1996, consisted
of seven political parties, each with its own agenda.а Given such a cabinet, statesmanship of any kind is
virtually impossible.а Indeed, in
December 1998, most members of NetanyahuТs cabinetЧfour had previously resigned
for diverse reasonsЧsupported the KnessetТs multipartisan bill for early
elections.а
Incidentally, lest it be
thought that IsraelТs Knesset is, in practice, a powerful institution, it
should be noted that no Labor- or Likud-led Government has ever been toppled by
a Knesset vote of no confidence.[6]а The Knesset is dominated by the medley of
party leaders who head the cabinet ministries.а
Because cabinet ministers appoint the directors of some 100 public
corporations, each ministry is a veritable fiefdom.а This egocentric pluralism undermines national unity and national
purpose.а It enfeebles Jewish national
consciousness and leaves no vista for Jewish statesmanship.
ааааааааааа The disintegration of
the Netanyahu Government following the Wye Memorandum of October 23, 1998
triggered the eruption of new parties and a welter of prime ministerial
aspirants.а Everyone was speaking of a
Уcrisis of leadership,Ф but not a single would-be leader manifested any
awareness that the basic cause of this crisis was the egocentric pluralism
generated by IsraelТs form of government on the one hand, and its lack of
Jewish national purpose on the other.
а ааааааааа A basic cause of this intellectual bankruptcy,
however, is the dogma, really the myth, of Israeli democracy.а IsraelТs political and intellectual elites
have foisted this myth on a nation of immigrants, most of whom know very little
about the institutional prerequisites of democracy, and even less about how to
assimilate democracy to Jewish principles and values.а
ааааааааааа What makes democracy a
myth in Israel and what most contributes to egocentric pluralism
is that Knesset Members (MKs) are not individually accountable to the
people.а Unlike the practice in 74
democracies, Israelis do not vote for individual candidates in multidistrict or
constituency elections.а Instead, the
entire country constitutes a single district and the voters cast their ballot
for a fixed, party-ranked list of candidates, most of whose names, by the way,
are unknown to the average voter.[7]а Since the party leaders enjoy safe places on
their partyТs list, their political survival (in all but the smallest parties)
is independent of the outcome of elections.а
Shimon Peres, who has never won an election, has been in the Knesset for
more than forty years!
ааааааааааа Because an MK does not
have a constituency of his own, he owes his position, power, and perks to his
party bosses, more so when they head cabinet ministries.[8]а Which means that an MK cannot block
government policies he deems bad without committing political suicide.а The parliamentary system of fixed party
lists without constituency elections thus produces top-down leadership.а This system insulates legislators from
citizens and vitiates a basic principle of representative government.а No wonder studies indicate that an
increasing majority of Israelis feel powerless.[9]а In fact, the higher their level of education
the more aware they become of the closed nature of IsraelТs political system,
which they nonetheless deem democratic because of periodic multiparty
elections!
ааааааааааа Superficial
commentators regard Israelis as passive when in truth they are simply powerless
between elections.а Remarkably,
despite their powerlessness their political activism exceeds that found in most
democracies, as the recent formation of 22 new parties testifies.а Moreover, almost 90% of IsraelТs Jewish
population vote in national elections. Still, the absence of constituency or
district elections renders it extremely difficult for Israelis to obtain a
redress of their grievances.а Frustration
often results, which can lead to civil disobedience and even violence.а District elections facilitate closer
relationships between legislators and constituents.а A legislator may be encouraged (or lobbied) to take up an
important but neglected issue, and there are many neglected issues in
Israel.а аа This is not to suggest that constituency elections alone will
solve, in a trice, IsraelТs economic, demographic, and security problems.а But these problems will certainly not be
solved under a parliamentary system that spawns amateurism and apparatchiks,
undermines individual responsibility and accountability, and thus contributes
to the inefficiency and corruption annually reported in volumes by the State
Comptroller.а Needless to say, the
reports of the State Comptroller are swept under the rug by a feckless Knesset,
which thus fails to fulfill the crucial function of scrutinizing IsraelТs
bloated bureaucracy.
ааааааа ааа
ааааааааааа What makes this state
of affairs all the more intolerable is IsraelТs perilous situation in the
Middle East.а Israeli politicians may be
no worse than others, but IsraelТs political institutions, especially its
parliamentary electoral rules, magnify their vices.а Given fixed party lists without constituency
elections, Israeli parties constitute self-perpetuating oligarchies that can
ignore Jewish public opinion with impunity.а
To expect Jewish statesmanship (or УJewish leadershipФ) within the
framework of IsraelТs grotesque political institutions is to betray abysmal
ignorance.а IsraelТs political system is
no system at all.а What reigns is anarchy
punctuated by oligarchy!
ааааааааааа
This undemocratic state of
affairs produces a dangerous lack of mutual respect and confidence between the
Jews of Israel and their ruling elites, which this besieged country can
ill-afford.а To fully appreciate this
appalling fact, we need to examine the religious and political attitudes of
IsraelТs Jewish population on the one hand, and those of IsraelТs ruling elites
on the other.а Why Jewish statesmanship
does not exist in Israel will then become transparent.
C.а IsraelТs
Jewish Population
According to a 1993 survey of Israel Jewish population conducted by the
Guttman Institute:[10] (1) 56% always
light Shabbat candles, 22% sometimes; (2) 23% always attend synagogue Saturday morning,
22% sometimes; (3) 42% never work (in public) on Sabbath, 19% sometimes; (4)
78% always participate in Passover Seder, 20% sometimes; (5) 70% always
fast on Yom Kippur, 11% sometimes; (6) 69% always observe Kashrut at
home, 18% sometimes; (7) Brit Milah 92%; Bar Mitzvah 83%; (8) Wedding
87%; (9) Burial/Shiva/Kaddish 88-91%; (10) Mezuhah on front door
98%.
ааааааааааа These Jews divide as
follows: Ultra-Orthodox 8%; religious Zionists 17%; traditional 55%; secular
20%.а Because of their high birthrate,
the Ultra-Orthodox Jews today probably number close to 10%.аа As for the traditional Jews (by far the
largest group), most are Sephardim from the Mediterranean or Islamic
world.а They are people who cherish
traditional Jewish life, but modify halakhically required practices in
those cases they believe to be personally necessary or convenient.
ааааааааааа Most remarkable,
however, are the Уsecularists.Фа For the
practices, as opposed to the beliefs, of a significant percentage of these Jews
are quite similar to those of many traditionalists, except that they claim they
maintain those practices for family and national reasons rather than for
religious ones.а The Guttman survey
shows that 75% of the УsecularФ 20% follow the most common traditional
religious practices.а Also astonishing
in this connection is a 1992 study by Tel Aviv University Professor Yochanan
Peres, indicating that 23% of those who identify as УsecularФ believe in the
TorahТs divine origin![11] And to further
compound the difficulty of classifying these Уsecularists,Ф some 50,000 voted
for the National Religious Party in the 1996 Knesset elections!а Nor is this all.ааа
ааааааааааа It was reported in 1997
that in the preceding six years 200,000 Israelis had become Orthodox, while
another 130,000, previously self-identified as Уsecular,Ф had become
traditional.а What makes all this data
so astonishing is that secularists, not to say atheists, founded the state,
controlled the entire public domain between 1948 and 1977, and still dominate
the countryТs media and economy, as well as its educational and cultural
institutions.
ааааааааааа Turning to Jewish
political opinions, a 1997 poll indicates that 74% of Jewish high school
students oppose Arab membership in the Knesset.а This reflects the national attitude reported in Professor PeresТs
1992 study mentioned above.а
(Incidentally, the disloyalty of Arab Knesset members today is far more
conspicuous than it was in 1992 and even in 1997.)[12]
ааааааааааа The above studies
clearly demonstrate that the people of Israel are very religious.а In fact, more than 50% believe in the divine
origin of the Torah!а Which means that
the beliefs and practices of a large majority of IsraelТs Jewish citizens tend
to foster, against the egoistic propensities of human nature, respect for moral
excellence, wisdom, and truthЧa precondition of Jewish statesmanship.а Yet no such statesmanship exists in
Israel.а Why not?
ааааааааааа From the studies I have
cited one may infer that perhaps only 10% of IsraelТs Jewish population
consists of alienated Jews (mostly Ashkenazim).а It so happens, however, that this 10% contains a clique of
Ultra-Secularists that controls the major levers of power in the State of
Israel.а The key question is: What
preserves the (interlocking) power of this clique?а The answer has already been stated: IsraelТs
parliamentary electoral system of fixed party lists without constituency
elections on the one hand, and the myth of Israeli democracy on
the other. The dissipation of this myth and the establishment of constituency
elections are preconditions for the emergence of Jewish statesmanship.
ааааааааааа Now, to avoid
misunderstanding, it should be noted that proportional representation with a
1.5% electoral threshold has made the Knesset more or less representative of
the diverse groups composing Israeli society, be they secular or not.а This is why the Knesset appears
democratic.а As previously indicated,
however, power is concentrated in the Government.а Basic Law:
The Government
stipulates that УThe Government is competent to do in the name of the State,
subject to any law, any act whose doing is not enjoined by law upon another
authority.Ф Hence the Government can declare war, make treaties with states and
even terrorist organizations, and change the exchange rate without consulting
the Knesset!а The Knesset, all-powerful in
theory, is impotent in practice.а The
Government, moreover, has always been led either by alienated Jews from the
Labor Party or by assimilated Jews from the Likud. Which means that IsraelТs
Government, apart from the promotion of aliya, has never had a national
agenda commensurate with the prevailing beliefs and customs of IsraelТs Jewish
population.а
ааааааааааа This is most
conspicuously true of IsraelТs Supreme Court.а
Of its current fifteen members, none is Orthodox.а Like its American counterpart, which it apes,
the Court has sanctioned homosexuality, gay marriages, pornography, and the
feminist agenda, thus fostering the neo-paganism and moral egalitarianism
destructive of the family, the heart of Judaism.а The CourtТs President, Justice Aharon Barak, deems it his duty to
be Уfaithful to the views of the enlightened population in whose midst he
sits.Фа By the Уenlightened populationФ
Barak means IsraelТs diminishing minority of Ultra-Secularists.[13]а It should be understood, however, that the
power of IsraelТs Supreme Court is ultimately dependent on Knesset law.а The CourtТs contempt for the majority of the
Jewish people would not get very far if Knesset Members were accountable to the
voters in constituency elections.
ааааааааааа IsraelТs Supreme Court
has become a УCourtocracy.Фа Its
disregard of Jewish and even Knesset law may also be seen in its negative
attitude toward the Foundations of Law Act, which the Knesset passed in
1980.а This most important statute
severed IsraelТs legal system from the binding force of English common law, and
created a link with Jewish law to which it gave official status as a
complementary legal source, making Jewish law a part of Israeli positive
law.а The statute reads, in part:а УWhere a court finds that a legal issue
requiring decision cannot be resolved by reference to legislation or judicial
precedent, or by means of analogy, it shall reach its decision in the light of
the principles of freedom, justice, equity, and peace of the Jewish
heritage.Фа However, because of its
contempt for the general public, the Court has minimized the incorporation of
Jewish law (we are not speaking of religious law) into the laws of the state,
contrary to the intentions of the Knesset.а
ааааааааааа Here are some examples
of Jewish civil and criminal law which have been incorporated into IsraelТs
legal system: the Wage Delay Prohibition Law (1955), the Severance Pay Law
(1963), the Prohibition of Defamation Law (1965), and the Right to Privacy Law
(1981).а Also noteworthy are public laws
that incorporate basic tenets of Judaism.а
The Law and Administration Ordinance of 1948 states:а УThe Sabbath and the Jewish festivalsЧthe
two days of Rosh Ha-Shana, the Day of Atonement, the first and eighth
day of Sukkot, the first and seventh day of Passover, and the festival
of ShavuТotЧare legal holidays in the State of Israel.а Non-Jews have the right to observe their own
sabbaths and holidays.Ф[14]ааааа
ааааааааааа
ааааааааааа Now let us contrast
Justice BarakТs autocratic attitude toward the public in Israel with certain
passages of Professor Menachem AlonТs monumental work, Jewish Law: History,
Sources, and Principles (Ha-Mishpat Ha-Ivri).а We need only bear in mind that Alon is
referring to Jewish communities in the Diaspora which, prior to the eighteenth
century, possessed juridical autonomy and could thus enact civil and even
criminal laws.а He remarks:
ааааааааааа
[Not only in the case of
communal enactments, but] even when legislation emanates from the halakhic
authorities, the public does have a decisive influence on this important and
substantial source for creating and developing Jewish law; but the time when
this influence is brought to bear is not the same as in the case of legislation
in other legal systems.а In other
systems, the public plays its role before the legislation is enacted, whereas
in the case of legislation by the halakhic authorities, the influence of the
public operates afterward.
Reserving comment for later, Alon continues:
аааааа In other legal systems, the public (whether directly, as in
the Roman public assemblies, or through its representatives) is the legislator;
the public is the source of legislation.а
This is also true in the case of communal enactments in Jewish law.а The situation is otherwise when the halakhic
authorities legislate: the courts and the halakhic authorities do the legislating,
but after the legislation is enacted, the public determines whether the
legislation will continue in force.а
Actually, this ultimate effectiveness of communal power means that the
influence of the public operates to an extent even before legislation is
enacted, because the legislator must first carefully investigate whether the
public will be able to conform to any enactment to be adopted on its
behalf.а This need for the halakhic
authorities to investigate before they legislate is a consequence of the
decisive power possessed by the public after the legislation has been enacted.[15]
ааааааааааа
ааааааааааа The significant role of
the public in legislation by the halakhic authorities is expressed in a
principle laid down in the Babylonian Talmud:а
УNo legislation should be imposed on the public unless the majority can
conform to itФ (Avoda Zara 36a).а
This principle is expressed differently in the Jerusalem Talmud:аа У ... any legislation enacted by a court
but not accepted by the majority of the public is no lawФ (Avoda Zara
2:8).аа Consequently, and as formulated
by Professor Alon:а У(1) before
legislating the legislator must examine and investigate whether a majority of
the public will be able to conform to the proposed enactment, and (2) if, after
the legislation is enacted, it appears that a majority of the public do not
accept it, the legislation is legally ineffective.Ф[16]
ааааааааааа Two caveats are in
order.а First, under conventional
democratic legal systems, the extent to which the public plays a role before
legislation is enacted depends on whether legislators are not only sensitive to
public opinion but also directly accountable to the voters in constituency
elections.а As previously explained,
such accountability does not exist in Israel.а
Second, under the Jewish legal system, the ability of legislators to
ascertain whether a majority of the public will be able or willing to conform
to proposed legislation presupposes a relatively small country divided into
districts for electoral purposes.а (I am
assuming that legislators will not have sacrificed their intellects to mindless
and media-generated opinion polls.)[17]
ааааааааааа
From the preceding it
should be obvious that Jewish law, whether emanating from communal assemblies
or from halakhic authorities defies conventional classification.а Jewish law cannot rightly be called
Уtheocratic.Фа Even to describe it as
УdemocraticФ is misleading when divorced from a Torah context.а But this only means that the Torah is suis
generis, that it cannot be accurately understood in Western terms.а Nevertheless, making Jewish law a part of
Israeli positive law is the most effective way of assimilating democracy to
Judaism and of providing freedom and equality with ethical and rational
constraints.аа Indeed, the incorporation
of Jewish law into IsraelТs legal system is essential to the unity and cultural
preservation of the Jewish People.
Part
II.а Cultural Self-Preservation
T |
he preservation of any nationТs
cultural identity obviously requires leaders who can think, speak, and act in accordance
with the beliefs and values of that culture.а
For example, to preserve IrelandТs heritage, the Irish Constitution
prescribes that 49 members of its 60-member Senate must be elected from five
panels of candidates having professional knowledge of, and practical experience
in, the following subjects of public concern: У(1) National Language,
Culture, Literature, Art, Education and such professional interests as may be
defined by law for the purpose of this panel; (2) Agriculture
and allied interests ...; (3) Labor, whether organized or unorganized; (4)
Industry and Commerce, including banking, finance, accountancy, engineering and
architecture; (5) Public Administration and social services...Фа
ааааааааааа
ааааааааааа Clearly, IrelandТs
Constitution prescribes a Senate consisting of well-educated
menЧprofessionalsЧnot amateurs who become instant legislators or even instant
cabinet ministers, as do retired Israeli generals.а Israel should not have to learn from Ireland.а The Torah states:а УSelect for yourselves men who are wise, understanding, and known
to your tribes and I will appoint them as your leadersФ (Deut. 1:13).[18]а Jewish law prescribes representative
government by meritorious and trustworthy men.а
No social stratification is intended.а
The Mishna states that, УIn procuring their release from captivity a
learned bastard takes precedence over an ignorant high priestФ (Horayot
3:8).[19]а Two proselytes, Shemaya and Abtalyon (the
famous teachers of Hillel and Shammai of the Mishna), served as the President
and Deputy President, respectively, of the Great Sanhedrin (Gittin 57b; Yoma
71b).а
ааааааааааа Consider the awesome
power invested in those on whom the security and well being of a people
depend.а Surely such power should be
adorned with wisdom, understanding, and knowledge, to which Exodus 18:19 adds
fear of God, love of truth, and hatred of injustice.аа For a people to place their heritage and future in the hands of
mediocrities is absurd.а That IrelandТs
Senate must include persons having professional knowledge of the countryТs
Language, Culture, Literature, Art, and Education signifies that its
ConstitutionТs paramount concern is to preserve IrelandТs heritage, which
requires well-educated IrishЧnot EnglishЧstatesmen.
ааааааааааа If we respect a
peopleТs right to cultural self-preservation, we must then accept the following
conclusion.а If Israel is to be a Jewish
State and not merely a state in which Jews are nothing more than a numerical
(and transient) majority, Israel must cultivate statesmen who can think, speak,
and act Jewishly.а Such
statesmen would have to comprehend the panorama of Jewish thought, the diverse
ethnic backgrounds of the Jewish people, and the potential unifying influence
of Jewish law.а Only such statesmen
would be able to formulate new laws that strengthen the bonds of the Jewish
People, deepen their reverence for the past, and, at the same time, foster
Jewish pride and confidence in the future.
ааааааааааа
Part
IV.а Summary and Conclusion
T |
his essay has outlined the basic
prerequisites of Jewish statesmanship: (1) statesmen possessing Jewish and
secular wisdom; (2) political institutions that enable statesmen to exercise
leadership yet render them accountable to their people; and (3) a people whose
love of freedom is embedded in a tradition that honors moral excellence,
wisdom, and truth.
ааааааааааа We have seen that a
large majority of IsraelТs Jewish population is religious or traditional.а This majority is an increasing one, first
because religious and traditional Jews have a higher birthrate than secularists,
and second because, each year many thousands of secularists leave the
country.а Were it not for the burgeoning
Arab population, Israel would be on the way to becoming an authentic Jewish
polity.а
ааааааааааа Not only has there been
a renaissance in Jewish philosophy,[20] but even now
Jews with strong Jewish roots are well represented in the Israel Defense
Forces, in the countryТs academic institutions, and in the professional sectors
of IsraelТs economy.а Conditions are
thus emerging for the assumption of national leadership by a Jew with this
supportive background of talent and sense of Jewish awareness.а Jewish statesmanship is on the horizon.
ааааааааааа In the final analysis,
however, Jewish statesmanship and the solution IsraelТs institutional,
sociological, and demographic problems requires nothing less than a
Constitution based on Jewish principles and values.а The establishment of such a Constitution should be the goal of
the Jewish statesman.а
ааааааааааа
One last word.а The highest function of any statesman is to
educate his people and to inspire them with confidence in the future.а This the Jewish statesman must also do.а In so doing, however, the Jewish statesman
must bear uppermost in mind IsraelТs world-historical function.а For let it be known to young and old, in
every classroom, from every pulpit, in every assembly, and wherever people
gather, that IsraelТs only justification is to sanctify GodТs Name.а And this Israel can only do as a nation in
which freedom dwells with righteousness, equality with wisdom, wealth with
beauty, the here and now with love of the Eternal.[21]
*а *а *
[1]Eighteenth-century scholars saw
in the American Constitution principles rooted in the Torah.а See Abraham I. Katsh, The Biblical
Heritage of American Democracy (New York: KTAV Publishing House, 1977), ch.
2.а See also Paul Eidelberg, The
Philosophy of the American Constitution: A Reinterpretation of the
Intentions of the Founding Fathers (New York: Free Press, 1968; reprinted
in 1986 by the University Press of America), chs. 7, 8.
[2]Interpretation of Ordinance, Section 42.
[3]Menachem Alon, Jewish Law
(4 vols.; Philadelphia/Jerusalem:а
Jewish Publication Society, 1994), IV, 1606, translated from the Hebrew
by Bernard Auerbach and Melvin J. Sykes.
[4]See Paul Eidelberg, УWhy Israel
Needs a Constitution,Ф American Political Science Association annual
conference, Washington, D.C., Aug. 31, 1997; published in Hebrew by Nativ: A
Journal of Politics and the Arts, Jan. 1998 (hereafter referred to as Nativ).
[5]David Ben-Gurion, Israel:а A Personal History (Tel Aviv:а Sabra Books, 1972),а p. 552
[6]The one seeming exception
occurred in 1990, but that was a government of national unity.
[7]The Netherlands also has a single
countrywide district election (and an even lower threshold of 0.67%); but in
this homogeneous, constitutional monarchy, the voters can change the order of
candidates on a partyТs list.а Although
some parties use УprimariesФ (which amounts to polling their central committees
or membership), to determine the order of their lists, this does not
significantly diminish their oligarchic character.
[8]See Ezra Sohar, IsraelТs
Dilemma: Why Israel is Falling Apart and How to Put it Back Together (New
York: Shapulsky Publishers, 1989), ch. 2.а
Knesset Members and their families have free and complete medical
care.а (One MK is known to have billed
the treasury for his wifeТs face-lift!?а
MK retirement benefits, which are quite high, begin at age 40.а Remarkably, an MK is entitled to 25,000
phone calls a year even after he returns to private life!аааа
[9]See Asher Arian, Politics in
Israel (Chatham, NJ:а Chatham House,
1989), 2d ed., pp. 276, 284-285.
[10]See Shlomo Levy, et al., Beliefs,
Observations and Social Interaction Among Israeli Jews (Jerusalem: Louis
Guttman Israel Institute of Applied Social Research, 1993), ch. 14, p. 101,
Table 38.
[11]See Yochanon Peres, УReligious
Adherence and Political Attitudes,Ф Sociological Papers, Bar-Ilan
University, Vol. 1, No. 2, Oct. 1992, p. 4. Professor Peres is neither
religious nor Уright-wing.Ф
[12]MK Abdel Wahab Darawshe (Arab
Democratic Party) has called publicly for a Palestinian state on both sides of
the Green Line.а Speaking on Palestinian
Television, Darawshe said he hopes to participate in the declaration ceremony
of a Palestinian state that will be established on "all of the Palestinian
land."а Reported by Israel radio,
Arutz-7, Dec. 1, 1998.а The same
position willа found in the public
statements of Arab MK Azmi Bishara (National Unity Party), who submitted his
name for IsraelТs premiership in the May 1999 elections.
[13]Cited in Yonason Rosenblum, УHe
Who Judges Too Much Judges Not At All: The Controversial Course Pursued by
IsraelТs Supreme Court,Ф The Jewish Observer, Nov. 1996, p. 8.
[14]Cited in Alon, Jewish Law,
IV, 1646.
[15]Ibid, II, 539-540.
[16]Ibid.
[17] Note that the Republican members
of the U.S. House of Representatives impeached President Clinton despite his
popularity.
[18]See Exod. 18:19:а У... seek out from among all the people men
with leadership ability, God-fearing men--men of truth who hate injustice.Ф
Similar qualifications are prescribed in the original constitutions Maryland,
Massachusetts, New Hampshire, and Rhode Island. аSee Eidelberg, The Philosophy of the American Constitution,
pp. 266-270.
[19]In procuring their release from
captivity, "a scholar takes precedence over a king of Israel" (Horayot
23a).а Unless otherwise indicated, all Talmudic
references will be to the Babylonian Talmud, Soncino Edition.
[20]See, e.g., Akiva Tatz, Living
Inspired (New York: Targum/Feldheim, 1993); Tatz, Worldmask (New
York: Targum/Feldheim 1995); Joshua Berman, The Temple:а Its Symbolic Meaning Then and Now
(Northvale, NJ: Jason Aronson, 1995); Paul Eidelberg, Beyond the Secular
Mind:а A Judaic Response to the Problems
of Modernity (New York:а Greenwood
Press, 1989; Eidelberg, Judaic Man (cited in note 22 above)..
[21]Ibid., p. 181.