Flip The Switch

Aharon Barak's legacy as a profoundly Jewish justice on the Israeli Supreme Court is explored here in the Jerusalem Post. Barak's vigorous protection of minority rights is in keeping with the best traditions of Judaism and Jewish arbiters, including Louis Brandeis, Benjamin Cardozo, and Ruth Bader Ginsburg. I reference one of those decisions, dealing with religious freedom in a nation where Synagogue and State are still far too intertwined for my tastes. But in general, his work on the court has been superb and a model for other judges--of all nations--to follow when navigating the difficult currents between religion and state, and liberty and terror.

Unlike Christianity or Islam, Judaism remains dominated by its liberal wing (this isn't to say there aren't committed liberal Christians or Muslims, only that the predominant manifestation of those religions in the public sphere is not particularly liberal). By itself, this is an important message--religious faith is not incompatible with the ideal of building a progressive world. Protection of minority rights is not something stands in opposition to traditional Jewish values, it is the epitome of them.

The irony, of course, is that unlike in nearly every other nation, "protection of minority rights" in Israel does not mean protecting Jews, but protecting other groups (mostly Israeli Arabs or Palestinians, but sometimes also non-Orthodox Jews) from a Jewish majority. Majority rule is always in tension with minority rights, and there is nothing intrinsic to Judaism that should make us expect that tension disappear. I chuckled to read the same accusations leveled against Justice Barak as are thrown at liberal jurists here in the states--"activist", a "dictator", far too interventionist in the affairs of a democracy. Yet Israel--already held to an absurdly high standard by an unsympathetic world community--can only survive and thrive if it always pursues its goal of becoming a "light unto nations." Justice Barak has done much to lead them down that path.