Foundation
for Constitutional Democracy
August 5, 1999
Position Paper X.а УDemocracy and JudaismФ
If it be
said that democracy is inconsistent with Judaism, no less than Spinoza would
agree.а Spinoza, the father of liberal
democracy and of modern biblical criticism, deemed the Torah anything but
democratic.а Yet distinguished rabbis
and jurists contend that the two are consistent.а To resolve this contradiction, I shall distinguish between two
types of democracy, УcontemporaryФ and УclassicalФ
democracy.
Democracy has two basic principles, freedom and
equality.а Whereas freedom, in contemporary
democracy, means Уliving as you like,Ф equality legitimates all
Уlife-styles.Фа This is why moral
equivalence and hedonism now permeate democratic societies.а Hence one may ask:а УWhat is there about democratic freedom that would prompt youth
to restrain their passions, to be kind, honest, and just?а What is there about democratic equality that
would prompt a person to defer to wisdom or show respect for teachers or
parents?Фа
In contrast, classical democracy derives
freedom and equality from the TorahТs conception of manТs creation in the image
of God, which provides freedom and equality with ethical and rational
constraints.а Recall the American
Declaration of Independence.а Since the
Declaration proclaims Уall men are created equal,Ф and refers to
God as the УSupreme Judge,Ф it follows that all are obligated to
obey the laws of their Creator (say the Seven Noahide Laws of Morality).а
Admittedly, the Declaration emphasizes Уrights,Ф
whereas the Torah emphasizes Уobligations.Фа
Although the two are correlativeЧyour rights are my obligations, and
vice-versaЧrights connote Уtaking,Ф while obligations denote Уgiving.Фаа Still, if freedom is linked to obligation,
and if equality is construed as an elevating and not a leveling
principle, classical democracy can be assimilated to Judaism.а
Turning to IsraelТs Declaration of
Independence:а while it proclaims
Уpolitical equalityФ and Уfreedom,Ф these terms must be understood
contextually.а By acknowledging IsraelТs
raison dТêtre as a Jewish State, such that its being
УJewishФ is the StateТs paramount principle, the Уpolitical
equalityФ mentioned in the Declaration must then be construed not as an
absoluteЧthe tendency of contemporary democracyЧbut as a logically subordinate
principle.а Consider, too, the DeclarationТs
avowal that the Jewish State will be based on Уfreedom Е as envisioned by the
prophets of Israel.Фа Any intelligent
and honest person, even if not religious, will admit that the prophetsТ
understanding of freedom differs from the permissive or normless
freedom of contemporary democracy.а
If we take the prophets seriouslyЧrecall how they admonish kings and denounce immoralityЧwe may learn how to elevate democracy and render it compatible with a Jewish constitution.