Covenantal Rights: A Study in Jewish Political Theory

Covenantal Rights: A Study in Jewish Political Theory

by David Novak
Covenantal Rights: A Study in Jewish Political Theory

Covenantal Rights: A Study in Jewish Political Theory

by David Novak

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Overview

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.


Product Details

ISBN-13: 9780691144375
Publisher: Princeton University Press
Publication date: 11/22/2009
Series: New Forum Books , #58
Pages: 248
Product dimensions: 6.10(w) x 9.10(h) x 0.70(d)

About the Author

David Novak holds the J. Richard and Dorothy Shiff Chair of Jewish Studies at the University of Toronto. His previous books include Natural Law in Judaism, The Election of Israel, and Jewish Social Ethics.

Table of Contents

Preface ix

Abbreviations Used in Text xiii

Introduction 3

Individuals and Societies: Rights and Duties 3

Autonomy and Personal Claims 12

The Political Dilemma of Modern Jews 25

Haim Cohn and the Secularization of Jewish Law 32

Chapter I. God and Human Persons 36

God's Absolute Power 36

Power as a Right 40

Negative Commandments 44

Positive Commandments 50

Chapter II. Human Persons and God 56

Dependence as the Primary Human Claim on God 56

Prayer: Cognitive or Emotive? 60

God's Commandments as Human Rights 65

The Human Right to God's Justice 71

Chapter III. God and Covenanted Community 77

The Immediacy of the Community 77

Election and Covenant 84

General Covenantal Claims on the Community: Justice 86

Specific Covenantal Claims on the Community: Compassion 90

Specific Covenantal Claims on the Community: Public Worship 94

The Most Specific Covenantal Claim on the Community: Martyrdom 96

Chapter IV. Covenanted Community and God 99

Covenantal Faithfulness 99

Specific Jewish Covenantal Claims 105

Legal Authority as a Communal Right 108

Chapter V. Between Human Persons 117

Personal Mutuality 117

What Is Hateful to You 119

Retaliation 121

Self-Interest and Self-Love 122

Rights and Self-Interest Alone 131

The Love of Neighbor 142

Who Is Your Neighbor? 147

Chapter VI. Covenanted Community and Human Persons 153

The Covenanted Community 153

Community and Normative Generality 158

Familial Duty 166

According to Nature 172

Exceptions to the Norm of Procreation 176

The Lethal Claims of the Community 179

Chapter VII. Human Persons and Covenanted Community 187

The Contemporary Importance of Individual Rights 187

The Right to Protection from Harm 187

The Right to Public Assistance 192

The Right to Social Inclusion 196

Individual Rights against Society 204

Naboth's Vineyard 205

The Right of Eminent Domain 209

The Issue of Public Violence 214

Bibliography 219

Index 233

What People are Saying About This

Ochs

In preparing this book, Novak has had the insight, grace, and fortune to construct one of those concepts that reorganize and recenter academic debates in a given field. Here it is the concept of 'covenantal rights,' which he offers as an alternative to both liberal natural rights theory and neo-conservative communitarianism The book reflects the depth and breadth of Novak's research and thinking both inside and outside the Jewish tradition.
Peter W. Ochs, University of Virginia

From the Publisher

"This will be a reference point for all those seeking a profound Jewish consideration of issues in political theory for years to come. It will be read with profit not only by those interested in the Jewish political tradition, but also by moral philosophers, students of Jewish theology, and anyone concerned with the contemporary debate on religion and public affairs."—Alan Mittleman, Muhlenberg College

"In preparing this book, Novak has had the insight, grace, and fortune to construct one of those concepts that reorganize and recenter academic debates in a given field. Here it is the concept of 'covenantal rights,' which he offers as an alternative to both liberal natural rights theory and neo-conservative communitarianism The book reflects the depth and breadth of Novak's research and thinking both inside and outside the Jewish tradition."—Peter W. Ochs, University of Virginia

Peter W. Ochs

In preparing this book, Novak has had the insight, grace, and fortune to construct one of those concepts that reorganize and recenter academic debates in a given field. Here it is the concept of 'covenantal rights,' which he offers as an alternative to both liberal natural rights theory and neo-conservative communitarianism The book reflects the depth and breadth of Novak's research and thinking both inside and outside the Jewish tradition.

Alan Mittleman

This will be a reference point for all those seeking a profound Jewish consideration of issues in political theory for years to come. It will be read with profit not only by those interested in the Jewish political tradition, but also by moral philosophers, students of Jewish theology, and anyone concerned with the contemporary debate on religion and public affairs.
Alan Mittleman, Muhlenberg College

Recipe

"This will be a reference point for all those seeking a profound Jewish consideration of issues in political theory for years to come. It will be read with profit not only by those interested in the Jewish political tradition, but also by moral philosophers, students of Jewish theology, and anyone concerned with the contemporary debate on religion and public affairs."—Alan Mittleman, Muhlenberg College

"In preparing this book, Novak has had the insight, grace, and fortune to construct one of those concepts that reorganize and recenter academic debates in a given field. Here it is the concept of 'covenantal rights,' which he offers as an alternative to both liberal natural rights theory and neo-conservative communitarianism The book reflects the depth and breadth of Novak's research and thinking both inside and outside the Jewish tradition."—Peter W. Ochs, University of Virginia

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