On Generosity and Justice

So what else is there to say about Mitt Romney’s tax returns? I would suggest that we could learn at least two things from them. First, on a personal level, it seems that Mitt and Ann Romney are very generous people. They donated $4.02 million in charity in 2011 (out of $13.7 million of income) and $3 million in 2010 (out of $21.7 million in income). If these figures are accurate (and there is no reason to doubt them) the Romneys donated almost 30 percent of their 2011 income to charity, and 14 percent of their income in 2010. That is a sizeable chunk of their income donated to charity.

A large percentage of that money went to the Mormon church, which supports political activities that I think are appalling, however, giving that large a percentage of one’s income to charities is still a laudable thing.

The second thing that we can learn is that this display of personal largesse and philanthropy reinforces the wisdom of the Rabbinic tradition which demands that poverty relief should be a function also of municipal institutions. Whereas Biblically mandated poverty relief is an individual affair—you give your charity to whichever poor person you desire—the Rabbis recognized that this was both inefficient and unfair. A poor person who lived in an agricultural area might find a very favorable ratio of poor people to assistance being distributed (tithes, gleanings, charity). However, if a poor person lived in an urban area they would probably find a less favorable ratio. If you are one of the thousands of poor people in an urban area attempting to scavenge gleanings at one of the few nearby farms—good luck. Continue reading

On Prophecy and Democracy

My latest piece in Sh’ma: A Journal of Jewish Ideas

The prophets were not democrats. Addressing a gathering of citizens petitioning their elected leaders for the redress of grievances, I have sometimes felt as though I were channeling Rev. Martin Luther King Jr. or Rabbi Abraham Joshua Heschel.  Especially if I was “in the zone,” the exact words would flow through me and I would feel a direct and deep connection with the people I was talking to, and, at the same time, I would be able to focus the right amount of anger at the people I was talking about. I suspect that when King and Heschel were “in the zone,” they felt that they were channeling Isaiah or Amos. It is anybody’s guess who Amos and Isaiah thought they were channeling. This, however, is not democracy. The use of words and rhetoric in a manner moving and poetic in order to focus the righteous rage of citizens on the sources of injustice is not democracy. It may, at times, be one aspect of a democratic culture.

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Best wishes to everyone for a sweet and just New Year.

Republican Rabbis and the Soloveichik Dynasty

This is my latest piece, published in the Daily Beast’s Open Zion blog.

Much has been made of the choice of Rabbi Meir Soloveichik as the invocation speaker at the opening of today’s Republican National convention. In part this is because Meir Soloveichik is the scion of a storied rabbinic family whose patriarch, a student of Rabbi Elijah Gaon of Vilna, established one of the great Lithunian Yeshivot in Brisk (Brest-Litovsk) in the eighteenth century. The unbroken continuity of that rabbinic line yielded one of the greatest rabbis, talmudists and Jewish thinkers of the twentieth century—Rabbi Joseph Baer Soloveitchik, known to his students as “the Rov” or simply the Rabbi.

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Two types of sovereignty: Zionism and Diaspora

There is an important conversation that is not happening about Zionism and the American Jewish community. It is a conversation that is as old as the Zionist enterprise itself. One of the central claims of political (as opposed to Messianic) Zionism is that the solution to the “Jewish question” is sovereignty. The Jewish community was a powerless and dependent community during its almost two thousand year sojourn in Exile and it was this powerlessness which left it vulnerable to the predations of the sovereigns of whatever country offered them a temporary home. Equally important was that this political dependence caused a cultural withering and produced a Jewish culture which was perverted by the influence of other more powerful cultures. A true Jewish culture could not take shape until the Jewish community had achieved sovereignty and shook off the chains of both political and cultural dependence. (Shades/foreshadowing of post-colonial theory.)

This argument had great resonance in the late nineteenth and the first half of the twentieth centuries. The civil and human rights of Jews in every country in the world were fragile, and the Holocaust seemed to be the final, awful expression of this untenable situation. The only way Jews would assume control over their own destiny was “to be a free people in our land.”

From where we are standing now, however, six plus decades after the end of the Shoah and the establishment of the State of Israel, and after the civil rights movement and the ongoing enshrinement of religious and civil liberties in the United States, the discourse of sovereignty does not look the same. There are two ways in which sovereignty (either mamlakhtiyut or ribonut) can be understood. First is the sovereignty of ultimate power. (OED: “The position, rank, or power of a supreme ruler or monarch; royal authority or dominion.”) Translated to the Zionist argument this would be the claim that there is a need for Jewish power, Jewish control of all the levers of government and the judiciary. Only in this way is the future of the Jewish people guaranteed. This understanding of sovereignty demands a Jewish State with a Jewish prime minister, a Jewish legislative body, etc. That is, in some way, (or in every way) the polis must be Jewish.

A different understanding of sovereignty is participation in the governance of the country. (OED: Sovereignty is “the supreme controlling power in communities not under monarchical government; absolute and independent authority.”) This latter form of sovereignty does not require a Jewish supreme ruler, but rather the unfettered equal access of Jews to the levers of power and institutions of government—together with, though not subordinate to, other communities. In other words, what is necessary for this type of sovereignty is a working democracy in which (to quote Abraham Joshua Heschel) “some are guilty but all are responsible.”

This latter understanding of sovereignty should be the understanding of the Jewish community that has decided to reside in the Diaspora. In a democracy, the argument should go, the Jewish community has control over its destiny, not in an autonomous or separatist way, but in necessary collaboration with other communities. It is in this political process of dialogue, disagreement, compromise and collaboration that the country will flourish to the benefit of all the communities therein. This is then a Jewish return to sovereignty with others, in which the sovereignty of others is complementary to Jewish sovereignty. In other words, the existence of the Jewish community within the permeable boundaries of a working democracy.

The urgency of Tisha b’Av

My latest post on the Open Zion blog at The Daily Beast

Sitting in a cafe on Pico Blvd. in West LA that is way hipper than I am, there seems nothing further from this cultural moment than fasting. Yet, we are on the brink of one of the two most significant fast days on the Jewish liturgical calendar. The better known of those fast days is Yom Kippur or the Day of Atonement, which is a day of prayer and forgiveness. It is also, at least in the eyes of the tradition, not only a holy day but a holiday, a day of celebration. Celebreating the possibility of renewal and atonement. The possibility of piety and holiness.

The day that is upon us in the heat of the summer is the fast of the Ninth day of the Hebrew month of Av. This is a day of unrelenting sadness and mourning, a day of lamentation for the many, many evils that have befallen the Jewish people through the ages—the shattering of the Tablets in the desert, the destruction of the first and second Temples in Jerusalem, even the expulsion from Spain and the “final solution.”

The question some raise is understandable.  They ask: How do we—sitting in cafes in Los Angeles or in Tel Aviv—relate to this holiday? Jews as a people are not in any existential danger now. The opposite is the truth. The State of Israel, though facing challenges, has the strongest army in the region and is allied with the strongest power on the planet. The American Jewish community is probably the most affluent and politically powerful Jewish community to have ever existed on the planet. Why do we don the sackcloth and ashes of the eternal victims?
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Obamacare, SCOTUS and the monetization of our morals

Justice Roberts surprised everybody yesterday by joining and writing the opinion for the majority in this week’s Supreme Court decision to uphold most of the Affordable Care Act (ACA). I want to suggest that his decision is to be appreciated by the progressive community not only for upholding the act but also for shifting the legal conversation.

The decision was a major step forward toward creating a more perfect union, toward helping to forge a society in which we all share obligations toward those who cannot fend for themselves, toward a vision of a just society which honors each and every person as being created in the tzelem elohim/the image of God. This experiment in democracy—in which we have given our trust and loyalty, and by way of which we have pledged to each other our lives, our fortunes and our sacred honor—has taken a major stride forward in affording tens of millions of people the ability to have health insurance and thereby health care. At bottom, upholding the constitutionality of the ACA saved lives. People who otherwise might have died, will not die because they will have access to doctors, medicines and life saving treatments.

However, the Roberts decision in my opinion also set the legal conversation about civil and human rights on a firmer moral ground. Roberts sided with the conservative wing of the court to say that the ACA was not constitutional under the commerce clause. The commerce clause, is the clause in “the Constitution [which] authorizes Congress to ‘regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.’ (Article I, sec. 8, cl. 3)” Further, and more importantly “[o]ur precedents read that to mean that Congress may regulate ‘the channels of interstate com­merce,’ ‘persons or things in interstate commerce,’ and ‘those activities that substantially affect interstate com­merce.’” (quoting from Justice Roberts’ opinion p. 4) Roberts upheld the ACA based on Congress’s power to “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” (U. S. Const., Art. I, sect. 8, cl. 1) Roberts interprets this straightforwardly that: “Put simply, Congress may tax and spend.” (Roberts’ opinion p. 5) Continue reading

Should we be saying Kaddish for the Jewish Left?

Michael Walzer’s book In God’s Shadow: Politics in the Hebrew Bible makes a slightly controversial though eminently plausible argument. The book is an interesting analysis of the politics of the Bible by a political scientist, who is not a biblical scholar, but has written an important book on the uses of the Exodus story by liberation movements (Exodus and Revolution). After all the caveats, Walzer’s central claim is that the Bible writes in the tension between being born into the covenant, and affirming the covenant or taking it on of one’s own free will. This is the central theme of the Bible, and not any specific manner of governance. There is no room, according to Walzer for politics in the Bible, since all authority ultimately rests with God. There is also no call for communal action. The Bible, according to Walzer has an anti-politics. Isaiah, for example, rails against those who would ignore the widows and the poor on their way to the Temple, yet he does not try to organize the poor or lobby the priesthood. Or when Ezekiel castigates Judah for rehearsing the sins of Sodom—the sins of hoarding their riches and not sharing them with poor—he is not looking for a legislative or political remedy—he is channeling God’s rage at injustice.

It is an interesting book, and Walzer recognizes and notes all the difficulties in making specific claims about a text whose interpretation has been contested for centuries. He notes the usefulness of the scholarly and traditional interpretive literature for understanding certain questions, but not others.

Walzer apparently reprised the gist of his argument at a YIVO conference on the demise of the historical partnership between Jews and the left. Some on the right trumpeted Walzer’s presence as a final sign that there is no basis in traditional Judaism for a politics of the left. Walzer, after all, is the long-time editor of Dissent and a social-democrat—and he is claiming that the left-Jewish alliance is as a castle on sand. Check-mate. There is no, nor has there ever been a basis for leftist politics, for social justice advocacy grounded in any traditional Jewish textual framework. The Tablet’s Adam Kirsch and Jewish Ideas Daily‘s Alex Joffe could barely contain themselves.

Something, however, is seriously off here. Continue reading

The “Jewish” Vote

Now that the election season is heating up, once again the question will be asked, what does the Jewish community want? How will they vote? What will they base their choice on? If you listen to the polls, the pundits and the politicians (and many of the putative spokespeople for the Jewish community) the answer is simple: Israel. However, the question needs to be asked: is this the right answer? What should Jews care about, as Jews?

If by being Jewish one means connecting oneself to the wisdom of the Jewish tradition one would find that Jews who put social and economic justice at the heart of their concerns are tapping a deep vein. When God informs Abraham that God is going to destroy Sodom, Abraham challenges God: “Will the judge of all the world not do justice?” Speaking of Sodom, the prophet Ezekiel understood their sin as “She and her daughters had plenty of bread and untroubled tranquility; yet she did not support the poor and the needy.” Jeremiah channels God saying: “but let him who boasts boast in this, that he understands and knows me, that I am the LORD who practices steadfast love, justice, and righteousness in the earth. For in these things I delight,” from which Maimonides, the great 12th century Spanish Jewish philosopher and jurist, understood that the true goal of the religious and philosophical path—beyond even knowing whatever it is that one can know about God—is to practice love and righteousness and justice in the world.  Continue reading

On Violence, the Law and Justice (pt. 1)

A meditation on a sugya (talmudic discussion) that I am currently teaching and thinking about.

Babylonian Talmud Baba Bathra 34b
There was a certain boat that two [people] were fighting over.
This one says: “It is mine.” And this one says: “It is mine.”
One of them came to the court.
He said: “Seize it until I bring witnesses that it is mine.”
Do we seize it or not?
Rav Huna says: “We seize.”
Rav Yehudah says: “We do not seize.”
He went.
He did not find witnesses.
He said: “Release it. The one who is stronger will prevail.”
Do we release it or not?
Rav Yehudah says: “We do not release.”
Rav Papa says: “We release.”
The law is that we do not seize. If we do seize we do not release.

What is it about these two men that engages the curiosity? They, both of them, lay claim to the same boat or barge—or, later, piece of land—and neither can draw down the gods of the law through the sacred ritual of evidence to prove his side. The boat lays between them in a nether space, neither here nor there—bodies of water not being owned by one or the other. The turn to the court is of last resort, it seems. “Intervene” is the cry of the one, certain in his ability to scare up a witness, a scrap of paper that will tilt the scales, a proof incontestable which will move the boat to his possession. Ownership, the ability to bond with inanimate objects in a manner signaling “mine own”—”part of me.” And are they? And how are they? Land especially it seems floats through the dark arts of transferal of ownership without transformation, for how would it? Its bond with its owner more sorcery than sophistry. At the last, it is violence, is it not, that bounds one’s property as part of one’s self. Continue reading

A Lack of Imagination is Dangerous: On Israel, Iran and ♥

There is something of a surprising campaign which has taken hold on Facebook which has also garnered some attention in the press. Two Israelis, Roni Edry and Michal Tamir added a poster to their Facebook profile with this statement in bold colors: “Iranians, we will never bomb your country. We ♥ you.” Within days there were tens of thousands of “likes” on Facebook, messages from around the world, a new Facebook page and even hundreds of positive responses from Iran.

What to make of all this? All the messages seem rather sappy and simplistic. “We ♥ you” is not a foreign policy. It is not a negotiating position. It is not even an obvious claim on justice or morality. It is strange.

It does, however, have resonance in its simplicity. This counterpoint to the bombast of Iranian, Israeli and American leaders is stark in the very minimalism of its claims. There is a rather strong denial of what French philosopher Emmanuel Levinas calls the “ontology of war” in these statements. The ontology of war is the understanding that peace comes at the end of a narrative which includes victory over the enemy. Peace, then is one stage in an ongoing process of war. Inevitably, peace will also be followed by war, since the peace is only assured by victory. Peace which does not partake of this narrative, peace which is a response to the Other, makes one vulnerable.

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