Basic Principles: Torah and Liberty

Quoting Rabbi Pruzansky:

    One of the most famous phrases in American history was drawn from the laws of Yovel, the Jubilee year: “Proclaim liberty throughout all the land unto all the inhabitants thereof” (Vayikra 25:10). Those stirring words are inscribed on the Liberty Bell (not all that it’s cracked up to be, but still worth a visit) housed in Philadelphia’s Independence Hall.  The Bell actually predated the War of Independence but has been associated with the drive for American independence since at least the 1830’s.

     The Liberty Bell notwithstanding, the Torah’s choice of the word dror to signify “liberty” or “freedom” is unique. It is the only time the word appears in the Torah in the instant context, although Yirmiyahu uses it several times. We are more familiar with the word cherut to denote the same idea, even though cherut is not found in the Torah at all but is frequently cited in the context of the rabbinic dictum in  Avot (6:2): “Read not ‘engraved’ [charut on the luchot, tablets] but ‘freedom’ – cherut – as the only free person is the one who is engaged in Torah study.”  That is cherut, not dror. What does dror mean and how does it differ from cherut?

Notice, though, how Jews speak not of dror, the undisciplined form of liberty that allows people to follow their consciences, muses and desires, but of cherut, a freedom that is “engraved,” carved on the tablets of the law, rooted in something external to us – the Divine Word. Freedom is the right to live with abandon or a reckless rejection of any inhibition but is rather embedded in our capacity to choose, to subdue our inclinations and harness our energies and resources to serve G-d. And the choices that are presented to us are not simply trivial flavors of life or varieties of experiences but have real world consequences. We choose the good or the opposite, life or the opposite, and so develop our souls for eternal life.

There are two concepts of freedom and each reflects the milieu most appropriate for it. The American concept reflects the ideal for a secular society; the heavy hand of the ruling class has historically been unkind to individual freedoms and the pursuit of happiness, and thus liberty remains the prevailing ethos and with good reason.

Conversely, the Torah view is the archetype for a religious nation. It promotes discipline and self-control, and mandates both behavior and values that bring a godly and sacred dimension to life. Such is only possible in a divinely-ordained system.

We must understand both systems and remember never transpose them. We must never let the American ethos pervade the Jewish moral standard – something that has been the bane of modern life and much of the last century. Only then can we remain faithful to our divine mandate and true to our mission.

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Rabbi Avigdor Miller and others often misunderstand classical liberalism.

The liberal idea consists of limiting the secular government’s ability (in the “soft power” sense of public legitimacy) to constrict freedoms (“Dror”), or “Negative Liberty”. What one should then do with one’s life and liberty (“Cherut”), or “Positive Liberty” is a religious question, not a secular, political one. And political freedom, too, is Divinely ordained.

To quote Mr. Libertarian himself:

The fact is that libertarianism is not and does not pretend to be a complete moral or aesthetic theory; it is only a political theory, that is, the important subset of moral theory that deals with the proper role of violence in social life.

Political theory deals with what is proper or improper for government to do, and government is distinguished from every other group in society as being the institution of organized violence. Libertarianism holds that the only proper role of violence is to defend person and property against violence, that any use of violence that goes beyond such just defense is itself aggressive, unjust, and criminal. Libertarianism, therefore, is a theory which states that everyone should be free of violent invasion, should be free to do as he sees fit, except invade the person or property of another. What a person does with his or her life is vital and important, but is simply irrelevant to libertarianism.

It should not be surprising, therefore, that there are libertarians who are indeed hedonists and devotees of alternative lifestyles, and that there are also libertarians who are firm adherents of “bourgeois” conventional or religious morality. There are libertarian libertines and there are libertarians who cleave firmly to the disciplines of natural or religious law. There are other libertarians who have no moral theory at all apart from the imperative of non-violation of rights. That is because libertarianism per se has no general or personal moral theory.

Libertarianism does not offer a way of life; it offers liberty, so that each person is free to adopt and act upon his own values and moral principles. Libertarians agree with Lord Acton that “liberty is the highest political end” – not necessarily the highest end on everyone’s personal scale of values.