RHETORIC of MODERN JEWISH ETHICS by Jonathan Kadane Crane a Thesis Submitted in Conformity with the Requirements for the Degree

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RHETORIC of MODERN JEWISH ETHICS by Jonathan Kadane Crane a Thesis Submitted in Conformity with the Requirements for the Degree RHETORIC OF MODERN JEWISH ETHICS by Jonathan Kadane Crane A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Graduate Department of Religion University of Toronto © Copyright by Jonathan Kadane Crane (2009) Rhetoric of Modern Jewish Ethics Jonathan Kadane Crane Ph.D. Graduate Department of Religion University of Toronto 2009 Abstract Jewish ethicists face a twofold task of persuading audiences that (a) their proposal for an issue of social concern and justice is the right and good thing to do, and (b) their proposal fits within the Judaic tradition writ large. Whereas most scholarship in the field focuses on how Jewish ethicists argue by dividing arguments into halakhic formalist, covenantalist and narrativist categories, these efforts fail both to reflect the diverse ways ethicists actually argue and to explain why they argue in these ways. My project proposes a new methodology to understand how and why Jewish ethicists argue as they do on issues of justice and concern. My project combines philosophical theology and discourse analysis. The first examines an ethicist’s notion of covenant ( brit ) in light of theories found in the Jewish textual tradition. Clarifying an ethicist’s notion of covenant uncovers that person’s assumptions about the scope and binding nature of elements in the Judaic tradition, and that person’s conception of an audience’s responsibilities to the normative argument s/he articulates. Certain themes come to the fore for each ethicist that, when mapped, reveal striking relationships between an ethicist’s notion of covenant and anticipated ethical rhetoric. These maps begin to show why certain ethicists argue as they do. Discourse analysis then identifies the interrelationships between the speaker, the spoken and the audience – as they are actually articulated in Jewish ethicists’ practical arguments. These relationships form the how of Jewish ethical arguments insofar as they reflect an author’s rhetorical choices. My project applies discourse analysis to the rhetoric of a sample of living ii Jewish ethicists (J. David Bleich, Elliot Dorff, Eugene Borowitz) who speak out on issues of social concern and justice. As will be seen, a rich and complex relationship exists between an ethicist’s theory of covenant and his subsequent moral rhetoric. This twofold methodology enables the student of Jewish ethics to understand how and why seemingly disparate styles of normative speech are nonetheless participating in a common endeavor and discourse. And it supports the theologically-based rhetoric of religious ethical discourse in shaping justice in multi-cultural societies. iii Acknowledgments A dissertation germinates for quite a while in the nebulous state of “an idea” before it becomes concrete in “an outline.” Gestating in outline form, it mutates from one paradigm to another by reorganizing its twisting building blocks until a coherent, cogent and hopefully viable structure takes shape. Then, with an influx of research and substantial effort, the idea becomes ink and byte. Arguments get fleshed out, details filled in, and the idea begins to kick itself alive. It builds itself in fits and spats. It takes months and years to nourish an idea to a stage when it is ready to stand on its own. And it takes a village to help the author birth it. It is to all of these – and more – to whom I am indebted for their generous and ongoing support, commiseration and wisdom. My advisors at the University of Toronto: Professors Robert Gibbs, David Novak and Roger Hutchinson. Professional colleagues whose conversations added insight and motivation: Leora Batinitzky, Eugene Borowitz, Eliott Dorff, Peter Haas, Martin Kavka, Barry Kogan, Louis Newman, Randi Rashkover, Jonathan Schofer. Fellow doctoral students who commiserated and cajoled: Aaron Gross, Matthew LaGrone, Danielle Lefebvre, Eva Mroszek. Other University of Toronto staff whose tireless energy offered priceless support: Marilyn Calacao, Fereshteh Hashemi, Irene Kao, Barbara Mainguy, Galina Vaisman. In addition to the wonderful librarians at the University of Toronto, I would also like to thank those at the Hebrew Union College – Jewish Institute of Religion in Cincinnati, Hilary Ziff at Reform Judaism magazine, and everyone at the Society of Jewish Ethics conferences. I could not have survived for so long in this project without the financial support of the Ontario Graduate Scholarship, the Social Sciences and Humanities Research Council of Canada, the Dorot Fellowship from the Foundation for Jewish Culture, the Shier Family Scholarship, and the Stewart H. Reid Memorial Trust. The year this project came into its own is remembered fondly with the friends at the Pantheon Building offices of IFMR in Chennai, Tamil Nadu, India. And I would be remiss to pass mentioning Rabbi Ed Elkin and our chevre of friends at the First Narayever Congregation in Toronto, as well as our many other friends who have taken interest in my whereabouts. My family, without whose love I could not endure: Garry and Kay Crane, Charles and Nola Miller, and siblings: Paul and Heidi Crane and their son Isaac, Daniel and Audrey Crane- Hirsch, and Peter Miller. I could not have produced this project without the dynamic love and gracious support of Lindy, my wife, and it is to her I dedicate this project for giving birth to our family. iv Table of Contents Abstract........................................................................................................................................... ii Acknowledgments.......................................................................................................................... iv Table of Contents............................................................................................................................ 4 Chapter 1: Pleasant Words.......................................................................................................... 5 1. Introduction......................................................................................................................... 5 2. The Study of Jewish Ethical Rhetoric................................................................................. 7 3. The Study of Religious Ethical Rhetoric .......................................................................... 18 4. A New Method of Analyzing Jewish Ethical Discourse .................................................. 24 5. Analyzing Pleasant Words................................................................................................ 35 Chapter 2: Magical Words......................................................................................................... 38 1. Introduction....................................................................................................................... 38 2. Ethical Discourse .............................................................................................................. 39 3. Religious Ethical Discourse.............................................................................................. 59 4. Theoretical Jewish Ethical Discourse............................................................................... 73 Chapter 3: Covenantal Words................................................................................................... 78 1. Introduction....................................................................................................................... 78 2. Biblical Theories............................................................................................................... 83 3. Rabbinic Theories............................................................................................................. 95 4. Medieval and Early-Modern Theories............................................................................ 105 5. Modern Theories............................................................................................................. 115 6. Covenantal Theories and Jewish Ethical Discourse ....................................................... 133 Chapter 4: Human Words........................................................................................................ 137 1. Introduction..................................................................................................................... 137 2. Theories of Covenant...................................................................................................... 139 3. Linking Theories of Covenant to Ethical Rhetoric......................................................... 163 4. Actual Jewish Ethical Rhetoric....................................................................................... 167 5. Critical Analysis.............................................................................................................. 187 Chapter 5: Words of Fire......................................................................................................... 197 1. Introduction..................................................................................................................... 197 2. Methodological Benefits................................................................................................. 198 3. Complementarity and Comparative Advantage.............................................................. 200 4. Religious Ethical Discourse in Complex Societies......................................................... 217 5. Black Fire on White Fire................................................................................................
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