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American prof. questions role of halakha in modern legal system
By Anshel Pfeffer, Haaretz Correspondent

Prof. Suzanne Stone was almost alone in the American academic world when she began researching Jewish law at Yale University some 20 years ago. The field of Jewish Studies, which was just then beginning to take root, was taught in the social sciences departments but not the law schools. A few years later, when she arrived in Israel as a visiting professor, she expected Jewish law to be far more prevalent.

"I discovered that this was not the case," she says smiling. Today there are already courses on the subject in quite a number of prestigious American universities. In three institutions, there are even professorships in Jewish law. Some people would even claim that there is actually far more serious activity in the field in the U.S. But the stubborn debate in Israel about including Jewish law in the official legal system is what limits discussion of the subject here.

"There are classes I teach with the whole range, from students with rabbinical semikha [ordination] to non-Jews," says Stone, 54, director of the Program in Jewish Law and Interdisciplinary Studies, Cardozo School of Law, at Yeshiva University in New York. Stone is considered one of the leaders in the field in the U.S. and around the world. She came to Jerusalem this week to deliver the annual Zalman Bernstein Memorial lecture at the Shalem Center. Stone's view is that Jewish law is a highly relevant field for the legal system of the 21st century - but it should not be introduced into the legislation.

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King David and the Gibeonites

"Jewish law is extremely relevant to the 21st century with the war on terror and the challenge to modernity. It was accepted that law has nothing to do with religion but now people have to face the fact that law is actually an outgrowth of religion." The lecture she gave in Jerusalem on Sunday - "Between revenge and justice: a rabbinical perspective on historical justice" - concentrated on a Talmudic issue from Tractate Yebamot that discusses the story of King David and the Gibeonites in the book of Samuel.

The issue raises a series of legal, religious and ethical discussions regarding collective punishment, individual and public responsibility, society's obligation to take care of minorities, the justification of conducting retaliatory actions even if innocent people are harmed as well, and the element of mercy and reconciliation in statesmanship. In political discussions in Israel over the years, groups from the right and the left have used citations from this text to justify their views. Stone did not focus on a particular direction or conclusion in her lecture but used the behavior of King David, who handed seven of the sons of King Saul over to the Gibeonites so that the latter could execute them, to illustrate how even in Jewish law, as in the political and security leadership in our day, there are considerations and dilemmas of morality and responsibility, both individual and collective.

"The idea is not to build a modern law system out of Jewish law but to find ideas and insight from halakha with relevance to modern political life. I think that in Israel and the U.S. it can be used as a cultural resource and there is a place for incorporating Jewish law where it elucidates matters, but not as a rule to decide cases in day-to-day law. The challenge is to find inspiration from Jewish sources for statecraft - that hasn't been done for 2000 years."

Even without delineating a specific policy, Stone sees a similarity between the development of biblical Jewish society into a collective with joint responsibility and the desire of modern Zionism to take the idea of "a chosen people" and to realize it on the level of the modern nation-state, a state with a unique moral code of its own. And at the same time, it is very similar to the desire of the founding fathers to create in the United States of America a nation built on principles of fraternity, citizenship and legal justice."

While her lecture focused on the manner in which issues in Jewish law facilitate a more intelligent discussion in the world after 9/11 and the war against terror, she also provides in the interview an example of how Jewish law differs from general law in America and allows for a more complex approach to social issues.

"The right to be left alone is a basis of Anglo-American jurisprudence, to stand for your rights. The right to privacy and to self-defense is sacred. Jewish law, on the other hand, has created mechanisms of forcing you to give charity and help." Stone says that in the American legal world there is also increasing willingness to examine a conceptual change, and in some cases they are also examining the options offered by Jewish law in this connection.

A strange legal bird

Stone actually began her academic career as a student in Princeton by delving into Jewish texts, especially midrashim, and afterwards started law studies at Columbia University, after which came four years of work in the private sector, when she specialized in court appearances.

"When I went back into academics, it was impossible for me not to use the law to read the same texts. I found legal meanings in the rabbinical literature, such as midrash and aggada, which don't seem to have any connection with jurisprudence."

Over the years, Stone has been a visiting professor at the University of Pennsylvania, Columbia and at Harvard. She also taught courses at Tel Aviv University, the University of Haifa and the Hebrew University in Jerusalem. "She is a somewhat strange bird on the landscape of Jewish law," said an Israeli scholar in the field, who is very familiar with her work.

"Those involved in the field are mainly yeshiva graduates, people who studied Jewish texts for many years, and afterwards transferred to the legal-academic field and naturally began to specialize in Jewish law. I think that the fact that she did not sit in a yeshiva for years is evident in her research, not necessarily to her detriment. And besides, clearly the fact that she is almost the only woman in the field where all the others are men adds to her prominence."

Stone prefers not to make a big deal of the fact that she is a female scholar in a world of men, and says that she hasn't encountered a disdainful attitude in spite of the fact that "I wasn't of a generation in which young women were given an intense talmudic education."

She says that the fact that she came to the field after specializing in general law enables her "to bridge the gap. I teach one of my courses together with a rabbi and each of us brings our own texts and insights. My attitude is just to do it and I value the respect of my colleagues, almost all of whom are men."

Stone grew up in a Modern Orthodox New York family, and was educated in schools of this stream, to which she still belongs. The choice of Stone for the Zalman Bernstein Memorial lecture on Jewish political thought, one of the central events held annually by the Shalem Center, also indicates an attempt by the center to change its image.

Shalem, which for years was considered a center for ideological activity promoting a right-wing and neo-conservative agenda, and was even supported in the past and the present by Jewish philanthropists close to the Republican Party and to Benjamin Netanyahu, such as Ronald Lauder and Sheldon Adelson, wanted to put somewhat more emphasis on its academic activity, the courses it offers and the research that is done at the center.

During the previous two years, the annual lecture was delivered by people with a clear political connection: former minister Natan Sharansky (at present the president of the Institute for Policy Studies at the Shalem Center) and former chief of staff Moshe Yaalon (at present a senior research fellow at the center), who used his speech to "come out of the closet politically," and in it sharply criticized the motives that led to the disengagement plan.

As opposed to them, Stone says of herself that she has no political commitment to the Shalem Center. "I am basically at the center politically. I'm not ideologically committed to Shalem but I do identify with their aim to reintroduce Jewish culture to civil discourse and to raise the level of discourse." Regarding the necessity of a constitution in Israel, and whether it should be connected to Jewish law, she chooses a middle road.

"Israel has an unwritten constitution but you need a special consensus and agreement to write a constitution and it's still in an early stage of development. A forced constitution can be bad, it's a process."

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  1.   American Prof questions role of halakha 19:52  |  Sara Ovits 02/10/07
  2.   If she studied Islamic law... 20:20  |  W 02/10/07
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  16.   Religious Law in modern Society 19:52  |  Peter 03/10/07
  17.   Pity the supreme court Judges don`t know any Halacha 22:57  |  Another Jew 04/10/07
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