Close your eyes, breathe in deeply, now exhale slowly… That was easy, wasn’t it? Not for everyone…
The altar of democracy requires sacrifices. Of course, Barak likely does not ride buses, or shop in Machane Yehuda, or have any relatives in Sderot. Nor, strange as it sounds, did Barak even mention once that Israel is a Jewish state. Democracy uber alles.
Imagine if the ACLU actually governed the United States instead of just incessantly filing lawsuits; that is the picture of the legal system in Israel today. It is both naïve and dangerous.
I was reminded of George Orwell’s observation that “some ideas are so absurd only an intellectual could believe them.” But Judge Posner, who is as soft-spoken as he is brilliant and riveting, demolished Barak’s arguments point by point. Clearly from the American experience, he said, there is no slippery slope.
In every war (beginning with Lincoln’s suspension of habeus corpus during the Civil War), there were severe limitations on various civil rights, but when the war ended the measures were simply repealed and the status quo ante restored. Many of the restrictions imposed after the Arab Terror of 9/11 have already been relaxed (foolishly, Posner thought).
It is unthinkable in an American context that the Supreme Court should insert itself at will into the decisions of the political or military establishment, and micromanage government and security. Cases take years to get to the Supreme Court, so American judges already have real-life experience as to what works, what doesn’t work and what real harm is caused, if any.
Judicial tyranny is also incompatible with democracy, and judges are not omnipotent, Posner said. (Much of the audience cheered, and Barak squirmed.) He lambasted Barak’s assertion that Barak’s decisions are (as Barak had said) the “correct interpretation of law”, and said he – Posner – would never say that he is indisputably correct even when he is in the majority.
Posner added that he never uses terms like “justice, fairness, human rights,” deriding them as “empty words” that can be twisted by a judge to mean whatever he wants them to mean. And then there is no “rule of law,” but the subjective opinion of one person who is no more informed or expert in these nebulous matters than any other person.
Law is a “river of uncertainty” and it is perilous when judges create an “air of mystery” around their decisions, as if they are descending from some higher authority. He quipped that sometimes “with freedom comes irresponsibility.” But, he asserted, in America “we don’t want to fight a war with one hand tied behind our back.” American courts are not unfettered; Congress can limit their jurisdiction and budgets. And judges should never feel completely independent; “judicial independence is not a synonym for omnipotence or the rule of judges.”
Interesting, a Jew with seichel. Democracy is based on majority rule with protection for minority rights – but the minority does not have the right to infringe on the lives and well-being of the majority.
Barak was left to grimace, and then – in rebuttal – to remark how disappointed he was in Posner’s “extreme” views. He went on and on and on about the indispensability of unlimited judicial power as the only safeguard for democracy and human rights. “There is no justice without fairness, and there is no democracy without human rights,” he declared.
At that point, a gentleman in the third row asked: “What about the settlers from Gush Katif? Did they have human rights, or do human rights only flow in one direction, to Arabs?” The audience was thrust into silence and then a low murmur at this most peculiar turn of events – a pro-Jewish advocate at Hebrew University. (All right, I confess, the inquirer was me. I had more to say but held back so as not to be rude.)
Barak was flummoxed. He looked at me and could not respond except for mumbling some platitude about the right to free speech. He ended his talk abruptly and sat down. Posner, who was sort of beaming during my brief remarks, had the decency not to respond to Barak’s condescension to him, and the evening ended.
In an instant, the bubble of high-minded, self-righteous piety had been burst, and the emperor was shown to indeed have no clothes. In the world according to Barak, it is an outrageous and unacceptable affront to justice to demolish the homes of terrorists – murderers of Jews – but perfectly acceptable and moral to demolish the homes of 9,000 religious-nationalist Jews.
About the Author: Rabbi Steven Pruzansky is spiritual leader of Congregation Bnai Yeshurun of Teaneck, New Jersey, and author, most recently, of “Tzadka Mimeni: The Jewish Ethic of Personal Responsibility” (Gefen Publishing House, Jerusalem, 2014). His writings and lectures can be found at www.Rabbipruzansky.com.
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
Islamists spoke of “Love and Justice in a World of Suffering,” skipping the horrors caused by Islam
How and when is it appropriate for pulpit rabbis to comment publicly on the Iran issue?
David was many things: Brother, son, grandson, nephew, uncle, cousin, talmid, comrade, AND a WARRIOR
Aside from my own 485-page tome on the subject, Red Army, I think Jamie Glazov did an excellent job at framing things in United in Hate: The Left’s Romance with Tyranny and Terror.
“Isn’t it enough that the whole world hates us? WHy do we have to hate each other?”
Who said Kerry won no concessions from Iran? He secured pistachios and Beluga caviar for America!
In 2015, Israel’s fertility rate (3+ births per woman) is higher than all Arab countries except 3
The New Israel Fund, as usual, condemns the State of Israel rather than condemning a horrible act.
I sought a Muslim group that claims to preach a peaceful and accepting posture of Islam, Ahmadiyya
While Orthodox men are encouraged to achieve and celebrated for it, Orthodox women too often are not
Jonathan remember, as long as you’re denied your right to come home to Israel you’re still in prison
Reports of a dead baby, a devastated family, and indications of a gloating attacker.
“The fear of being exposed publicly is the only thing that will stop people,” observed Seewald.
“Yesha” and Binyamin Regional Council leaders said the attack “is not the path of Jews in Judea and Samaria.”
Is there a link between baseball & Judaism? Seems so; several prominent rabbis & RY were big fans
The travail of Yosef was undoubtedly the greatest trauma of Yaakov’s life, which certainly knew its share of hardships.
The brilliance of Yaakov’s approach – and by extension, any type of individual or group effort – is that it appealed to three different modes of salvation.
There is a certain unwordliness to the pope’s call for a two-state solution, an obliviousness to the reality on the ground.
One can’t only take; one must give as well. Giving – not taking – is the essence of the righteous person.
Much of what we know about 19th century Orthodoxy is false, including the provenance of the term Orthodox.
A president who today used the language of FDR or JFK would be derided. If he were a candidate, the media elites would bury his chances of winning the election. He would be a laughing stock to the aimless young people whose uninformed opinions on public affairs seem to matter more than they should.
Printed from: http://www.jewishpress.com/indepth/opinions/a-glimpse-into-the-mindset-of-a-judicial-oligarch-2/2007/12/27/
Scan this QR code to visit this page online: