Shofar: An Interdisciplinary Journal of Jewish Studies

ABSTRACT:

This essay first examines the assumption that notions of human rights are the product of historical circumstance and divergent notions of how best to organize the relationship between individuals and society. The argument unfolds by way of two comparisons. First: Modern Jewish notions are found problematic when tested against the principles and practices enshrined in the Universal Declaration of Human Rights, ratified by the United Nations in 1948. Among the topics considered are traditional notions of monarchy and theocracy as opposed to the modern Enlightenment preference for free elections, democracy, and universal suffrage. Also considered is the overlap between traditional Jewish prohibitions against torture and contemporary secular resistance to its use. Second: The perspective is dialectically reversed, and the underlying philosophical principles and practices enshrined in the UN declaration are found wanting when measured against medieval Jewish political philosophy, especially that of Maimonides, who was inspired by the Islamic thinker Al-Farabi. Three topics are featured: medieval refusal to surrender the search for the ultimate “why” of things; medieval insistence on anchoring political philosophy in concern for community rather than individuals; and medieval preference for a utopian vision of duties, obligations, and responsibilities rather than immunities, entitlements, or inalienable rights.