Thursday, November 11, 2004

Democracy in Judaism

R. Sol Roth discusses Judaism and political theory in his Halakhah and Politics: The Jewish Idea of a State (YU Press: 1988). In chapter 11 of that book, he tries to show that democracy is consistent with traditional Jewish values. Those unfamiliar with Jewish texts will assume that this is obvious, while those more familiar will believe it to be ludicrous. The following is my summary of his arguments:

1. The principles of democracy have two components: decisions by governmental representatives have consent of the electorate, the majority determines the outcome

2. Are governmental representatives authorities in their own right or merely agents of the public? This is certainly a matter of dispute in American politics - should representatives follow their own conscious or what their constituents want? This same debate can be found in rabbinic sources. Are communal leaders sovereign (with a din of malkhus or shofetim) or agents of the community (with a din of shelukhim)?

3. While communal leaders are not elected by the public, they may not be appointed without the approval of the public (cf. Pis'hei Teshuvah, Hoshen Mishpat 3:8).

4. Based on a responsum of the Rosh (6:5), the rule of majority seems to apply not only to halakhah but also to communal matters.

R. Roth concludes:

It is clear that the fundamental principles of democracy, namely, representative government and rule by majority, inhere in Jewish tradition. Though their applciation is more restricted ina Torah community than in a democractic society, their employment in Jewish life reflects principles that are essentially halakhic in nature.
What he did not note, though, is that this only applies to the pre-Messianic era. Once the kingship is restored in the redeemed world of the Messianic era, the government will no longer be representative but will revert to the ideal - monarchy with a judiciary.


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