Torah Im Derech Eretz: Rabbi Dr Isaac Breuer's Moriah pt 7: The Tower of Babel, Nations vs. Justice

Fathom Summary:

Moriah by Rabbi Dr Isaac Breuer 

Meeting Purpose

Reviewing Rabbi Dr. Isaac Breuer's philosophy on the modern state.

Key Takeaways

• The Sovereign State as a "Tower of Babel": Modern states are a materialization of the Tower of Babel's "let us make a name for ourselves" ethos, making them the primary source of war by recognizing no law higher than their own.
• International Law Is Powerless: "International law" is not true law but an arbitrary arrangement, powerless to compel strong nations because it lacks a sovereign enforcement mechanism.
• Sovereignty Corrupts Justice: The state's claim to absolute sovereignty replaces justice with loyalty ("my country, right or wrong"), creating both internal social conflict and external war.
• The Democratic Dilemma: Democracy's attempt to temper sovereignty with a separation of powers (Montesquieu) is fragile, especially in states without a written constitution, as seen in Israel's current judicial crisis.

Topics

The Sovereign State & International Anarchy

• Breuer (d. 1946) views the modern sovereign state as a materialization of the Tower of Babel's "let us make a name for ourselves" ethos.
• This sovereignty makes the state the sole source of law, recognizing no higher authority.
• Result → International relations become a "society of nations" based on might, not law.
  • Treaties are mere ceasefires, not true peace.
  • "International law" is an arbitrary arrangement, not true law, because it lacks a sovereign enforcement mechanism.
  • This powerlessness is evident in forums like the League of Nations and the UN.

Sovereignty vs. Justice

• Breuer argues that sovereignty replaces justice with loyalty ("my country, right or wrong").
• This creates a "double war":
  • Internal: Social conflict from a lack of absolute justice.
  • External: War between states.
• Breuer's 1940s perspective contrasts with earlier optimism (e.g., Rav Kook, Rabbi Samson Raphael Hirsch) about society's ethical evolution, recognizing that nationalism was not being superseded.

Types of States & Citizenship

• Breuer categorizes states by their national composition:
  • National State: Homogenous population; the state fully absorbs the nation's will.
  • Multi-National State: Multiple nationalities (e.g., Austro-Hungarian Empire); the state limits its will to benefit member ethnicities.
  • Covenantal State: A multi-national state formed by agreement among its constituent nations.
• Citizenship: A legal concept from the French Revolution intended to create unity by treating all people as equals.
  • Breuer's Critique: This ideal fails in practice, as states still grant different rights to citizens vs. non-citizens.

State Constitutions & the Democratic Dilemma

• Breuer identifies three constitutional structures:
  • Absolute State: Will is determined by a single leader (monarch, president).
  • Democracy: Will is determined by the people via a parliament.
  • Totalitarian State: Will is determined by a single party's ideology (e.g., Nazi, Communist).
• The Democratic Dilemma:
  • Democracy's attempt to temper sovereignty is the separation of powers (Montesquieu).
  • Purpose: To prevent the state's will from completely absorbing the individual.
  • Fragility: This system is vulnerable, especially in states without a written constitution, as seen in Israel's current judicial crisis.

Next Steps

• Continue the discussion, focusing on Breuer's concept of a "Torah state" and how it could function in the modern era.