I want, in three posts adapted from an unpublished talk I presented at the 19th Annual Journal of Law and Religion Symposium at Hamline Law School in 2009, to add a bit to the possibly already-stale conversation over the role of religious voices in the public square.  If I can add anything, it will be to focus on the distinctive challenges, both internal and external, that confront those religious voices as they try to translate theology into policy.

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Years ago, I attended a panel discussion on Jewish views of the American welfare state. My memory of the event is hazy, but I do recall that several speakers discussed strands in Jewish law that might support income redistribution, national healthcare reform, or the like. Finally, the last panelist got up and argued that Judaism actually had little to say about the American welfare state, and that most of the textual sources from which the other speakers drew conclusions about contested matters of American policy were, as a matter of Jewish law, only relevant to the internal life of Jewish communities or to a Jewish polity.

What should we make of this critique?  This isn’t the place to review the legal analysis. So I will, on the one hand, just assume, for the sake of argument, that it was correct. But there’s another hand: Though law is at the heart of Judaism, not all Jewish religious discourse is legal. There are other registers through which Jewish tradition speaks, including Biblical narrative and poetry, rabbinic homiletics, systematic moral philosophy, mysticism, and more. And even the law has a vision – attitudes and aspirations and ideals – beyond its strict four corners.

There is also a third hand, however. For if religious arguments do get made in different registers, it is important to get the discourse right. Read more