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  • 2 - The Paradox of Human Rights Discourse and the Jewish Legal Tradition

  • from A - Sanctification and Secularization
  • Edited by David C. Flatto, Hebrew University of Jerusalem, Benjamin Porat, Hebrew University of Jerusalem
  • Book:
    Law as Religion, Religion as Law
    Published online:
    11 August 2022
    Print publication:
    25 August 2022, pp 29-52
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  • Summary

    Efforts to reconcile human rights and religions are at risk of foundering because of two category mistakes: The first is assuming human rights, as it has evolved, is primarily about law. As human rights discourse increasingly takes on a quasi-religious structure, it is seen as a competitor to traditional religion. The second category mistake is that Judaism is solely a religion, and not law. Legal traditions invariably contain doctrines that enable an exchange of norms. Creating a rapprochement between human rights and traditional Judaism thus requires a double move: the retrieval of human rights as a limited, lawyer’s project and the turn to legal doctrines within Judaism emphasizing the respect owed to international conventions, including informal law.