War Criminals, Lone Wolves, and Terrorists: Definitions and Implications

With the recent rash of shootings has come a renewed debate over the distinction between a terrorist and a lone wolf. (Clearly, both whites and non-whites can be terrorists.) With Islamic terrorism and the Israeli-Arab conflict always in the news, there is the debate as to what is terrorism and what is a war crime. These issues tend to bog down into polemics so there is a benefit to offering specific definitions for the sake of clarity. Imagine three criminals standing before you, an SS officer, an angry white man and a member of ISIS. All three of them have murdered a classroom full of children so there is no doubt that they are all very bad people, who deserve punishment. The question becomes how they may be treated. The SS officer and the white man, as a war criminal and a lone wolf, have rights while the ISIS terrorist does not.

The SS officer is in uniform and a member of the German armed forces. As such, though he is a war criminal, he is protected by the social contract your country has with Germany. We must accept that he has rights and cannot simply be tortured to death. There is a benefit to declaring him a war criminal in that the German government, by putting him in uniform, has placed its entire leadership and population as guarantors of his good conduct. Ultimately, they are the ones truly responsible for his conduct; the fact that he is the immediate cause of the crime is incidental. Think of the uniform as a loan contract in much the same way as a paper currency that can be called in. The government can disavow the soldier; at which point the uniform becomes null and void. This would render our war criminal an out-of-uniform combatant and thus a spy/saboteur. As such he has no rights and can be tortured or killed at will without trial. Alternatively, his government can choose to acknowledge the soldier, but this would force them to make some kind of restitution to the satisfaction of the victim's government (or social contract insurance agency). Failure to do so would allow the government to take to seek satisfaction in blood. This would allow for the bombardment of German civilian populations and, afterward, the execution of German political leaders.

The lone wolf shooter is not protected by any uniform but, even though he is a criminal, he is still a citizen with rights. His crime does not imply a larger rejection of the social contract so the social contract continues to protect him. As such, he must be given a trial. To be clear, what makes him a lone wolf and not a terrorist is the fact that he lacks any larger material and ideological support structure. This, admittedly, can make it difficult to tell the difference between a lone wolf and a terrorist. It is quite possible that the entire distinction may rest on the discovery of a pamphlet in the person's possession or a history of visiting a terrorist website.

This brings us to the terrorist. The most important thing about a terrorist is that he is an out-of-uniform combatant just like a spy/saboteur. This means that not only is it permissible to not grant him any rights, but it may also be necessary. Consider that the distinction between soldiers and civilians is crucial to the maintenance of civilized order even and especially in a time of war. This distinction requires that soldiers be easily identifiable with uniforms. Unless the penalties for violating that distinction are severe no country would ever bother to hold them.

Not only is the terrorist, by definition, guilty of endangering civilization by undermining the social contract, but the so-called human rights activist who attempts to grant the terrorist rights is also guilty as he has rendered the line between soldier and civilian meaningless. Thus, we must recognize an antinomian "true" human rights, which involves torturing the terrorist. The very act of torturing the terrorist, regardless of the information he might provide, is protecting civilians from harm. The belief in the principle that terrorists do not have rights is precisely what is giving civilians rights. The person who objects to this is himself the real violator of human rights and it is as if he personally tortured innocent people. (To be clear, what is necessary is the belief in the moral rightness of torturing terrorists, which likely requires the occasional literal fulfillment. This acceptance allows for demonstrations of mercy in individual cases. Just because the Law is righteous does not mean it is always right to fulfill the Law.)

As you recall, the distinction between a terrorist and a lone wolf killer is the existence of a material and ideological support system. What differentiates the terrorist from a war criminal is that the terrorist's support structure is not one with which we have any kind of implied social contract relationship. We need to respect the rights of the war criminal in order to demonstrate that we were true to the social contract and justify placing his country's leadership and people outside of it. By contrast, we never had any kind of social contract with the terrorist organization. Furthermore, terrorist organizations, while they may possess a leadership and funders, lack a clearly identified civilian population to pay the price for their crimes. For example, while it was morally permissible to bomb German cities for Nazi war crimes, bombing Afghani cities in retaliation for Al-Qaeda terrorist crimes would have been far more problematic. Since there are no civilians to pay for terrorist crimes, we are justified in pursuing the leadership in a more aggressive fashion. Since terrorist leaders may prove more elusive than war criminal political leaders, this leaves the captured terrorist to pay the full weight of the crime. This is despite the fact that ultimately his role was only incidental as compared to the terrorist leaders who planned the action and provided the physical and ideological support to make it possible.

A large part of the debate over who counts as a terrorist revolves around the implied assumption of a support structure. For example, if you already accept the existence of an entity called "radical Islam" or that Islam is an inherently violent religion then you will be inclined to see any violent Muslim as a terrorist. On the other hand, if you believe that complaints about Islamic extremism are simply cover for "Islamophobia" then you will dismiss any charge of terrorism. Similarly, in regards to white supremacists, if you believe that there really is something racist underlying white American culture then you are going to be more likely to see someone like Dylann Roof, who massacred a black church bible study group in Charleston, as a terrorist instead of simply as a misguided and disturbed young man.

Keep in mind that the distinction between a lone wolf and a terrorist lies completely within the realm of intention; was the crime committed as part of a larger conspiracy by a non-social contract organization to pursue their political goals. It is not just the individual terrorist that we need to make assumptions about but a wider network of people to the point of even calling them a group. Therefore, as none of us can read minds, we can never prove whether someone is one or the other; it is simply a judgment call. This has become even more so in recent years as the line between the terrorist support structure and its perpetrators has become more tenuous. For example, the 9/11 hijackers received direct material support from Al-Qaeda so it is very difficult to pretend that they were just some guys who decided on their own to crash planes into buildings. Contrast this with ISIS terrorists where ISIS merely has to operate a website and angry Muslims draw inspiration to engage in ramming and knifing attacks. It is hard to say that someone who happens to read an ISIS website before committing murder is an ISIS terrorist.

The consequences of who gets the terrorist label are literally a matter of life and death and demand caution. If Islamic terrorism exists. than someone operating a pro-ISIS website calling for jihad is a terrorist and can be shot on sight without the benefit of a trial. (As per the Julius Streicher principle, such speech is not really speech but a conspiracy to commit murder.) If we are wrong, then we have a martyr for free speech on our hands. Before you give the go-ahead to kill radical Islamic bloggers consider that, by the same logic, we should probably recognize that white supremacists exist as a movement and not just disturbed individuals, then the government should have responded to the Charleston shooting by going door to door and executing white supremacist bloggers and radio show hosts, particularly those that directly influenced Roof.

While we can never prove anything in any particular case, we can demand intellectual consistency. If you are quick to condemn Islamic terrorism but bend over backward to deny that there can be white supremacist terrorists there is a problem. Similarly, if you refrain from using the terrorist label unless they are white men, you are not being hones either.

Whose Vote is Really a Vote For Trump (or Hillary)?

From the beginning of this election, I supported Gary Johnson. I believed that there was a block of principled conservatives out there who would not support Donald Trump under any circumstances. Combine that with liberals seeking an honest anti-war candidate, armies of independents willing to go for something different and you get at least 20% of the vote. Maybe not enough to win, but respectable enough to make things interesting and create some momentum to push the cause of liberty forward. With Johnson polling at 5%, I recognize that he is not going to come anywhere close to winning. Thus I will be casting a protest vote. Many on the left will tell me that there is no such thing as a protest vote; a vote for Johnson is a vote for Trump. I find this argument to be very strange because, by the mere fact that they are agreeing to grant legitimacy to this election in the first place, liberals are the ones implicitly casting a vote for Trump.

I am a radical Lockean secessionist (to put in simplistic terms, an anarchist). Every property owner has the moral right to take their property and secede from their present country, forming their own new little state. I challenge anyone to come up with an argument against my position that could not have also been used by the British to invalidate the claims of the colonists during the American Revolution. One of the reasons why I am a secessionist is that I wish to avoid the conundrum of being morally compelled to do something immoral because it is the law. Read Henry David Thoreau's Civil Disobedience and you will see an explicitly anarchist text. It is ok and even commendable to break an immoral law because your conscious precedes the authority of the law. The law can only have authority over you if you personally consent to it. Therefore, if you do not consent to the law because you find it immoral, the law never had authority to begin with and you never had any obligation to follow it. I challenge you to take a principled stand in defense of breaking the law even through non-violent passive resistance that does not rely on such anarchist premises.

Imagine that Trump wins this coming Tuesday. Come January, he is going to start rounding up eleven million illegal immigrants. We know very well that there is no way that any such plan could be carried out without mass murder. Trump has promised to eliminate any soldier that does not agree to commit war crimes so any soldier left is a de facto war criminal. What would be an appropriate response? According to my political morality, I am not bound to recognize any such Trump government. It is my right to pursue passive resistance and even to follow the lead of those British citizens in 1775, who claimed that it was alright to kill British soldiers. If you are not a secessionist like me, on what grounds will you claim that it is alright to do anything but comply with the will of the "people" and their President Trump?

What if the United States had a strong Nazi party, one that had the support of even 10% of the population? Could you accept an election in which they were even allowed to take part, as opposed to them simply being granted Idaho as an independent country or shipping them all to gas chambers? Even such a minority could easily leverage its support in exchange for the government having to agree to some seriously immoral compromises. Those familiar with the history of Weimar Germany know that during the 1920s the Nazis were a fringe party. Comes 1932 and there is the Great Depression so the Nazis get 33% of the vote. They then manage to pull a deal with the conservative parties to take power and once in power they do away with democratic elections. So instead of being in power for just a few months as an odd quirk in German history, the Nazis were able to stay on top for twelve years and start World War II. Most Germans never supported the Nazis, but the Nazis were able to manipulate a democratic system for their own ends. In essence, a fatal flaw of Weimar was that it allowed the Nazis to participate in the first place. Agreeing to be part of a liberal democracy in which Nazis took part meant accepting the Nazi takeover and everything that happened afterward.

The United States is a vast and diverse country with over 300 million people, the vast majority of whom I have good reason to heap contempt upon both their intelligence and moral judgment. This includes white men without college degrees, who believe that Mexicans are rapists and Obama is a Kenyan Muslim. It is precisely such people who are largely responsible for turning Trump into something more than a reality TV star on a joyride. Even if, as I hope, Trump loses, those hordes of angry stupid white men will still be there and they will still be voting American citizens. At some point, perhaps with a candidate who can forge an alliance with another angry and stupid demographic (it is not as if white men have a monopoly on those things), these angry stupid white men will win. What do you plan on doing then? Accepting that they will one day win is the price of having the United States. So either you reject having the United States and instead attempt to build a mini-state with only intelligent and moral people or you implicitly agree to support Donald Trump.

Remember that when this day of Trump comes (and it will), conservatives and spineless liberals will tell you that, while you are free to wait four years and vote against Trump, in the meantime you need to respect the fact that the American people voted for bigotry and intolerance. You can prepare yourself starting from today. Put your hand over your heart and repeat after me: I do not pledge allegiance to any flag, nor to any republic that does not even obey its own constitution. I follow my own conscience from God (however I choose to define him/her) and pledge to work for liberty and justice for all. If you are not yet willing to take this step, I understand (it took me years to get there). But please do not lecture me about how I am the one voting for Trump.

(To all the well-meaning conservatives out there, who reject Trump but feel that if they do not vote for him they are voting for Hillary, feel free to replace the name Trump with Hillary in this article. Rework my examples as you feel appropriate.)

Eternal Damnation for Supply Siders (and Germans)

In this hilarious skit, we have Brian Keith Dalton (Mr. Deity) explaining to a supply-sider why she deserves to be tortured by a sadistic Keynesian despite the fact that in all other aspects of her life she is an exemplary human being. The moral of the story, made explicit at the end, is that there is something inherently immoral about a deity that damns people for all eternity for their failure to believe the correct doctrines. Furthermore to be a believer means that one expects to spend eternity standing on the sidelines defending God to loved ones as they are tortured. Such a person is perhaps worse than the actual torturer.

As a Jew, I feel little need to come to the defense of the doctrine of eternal damnation. Even the Christian tradition regarding eternal damnation is for more complex than Christian fundamentalists and their secular critics seem to realize. (Origen, for example, believed that everyone, even Satan, will eventually be saved.) That being said, I feel the need to respond in defense of the notion of eternal damnation for intellectual error.

Is there an intellectual error that could justify eternal damnation? How about Nazism? We tend to associate Nazism with jackbooted mass murderers armed with gas chambers. The reality of Nazism was that it was enabled by millions of moral decent pious Germans (and later by people in occupied countries), who did nothing immoral themselves and might have even likely personally opposed the "excesses" of Nazism, but agreed to go along with the regime in some fashion. Some of them did so for pragmatic reasons such as rebuilding the German economy and stopping the very real threat of a Communist takeover. Others simply complied out of fear. It is certainly not my place to judge them; if I was in their place, I might not have done differently. The important thing is that we are dealing with people who we would deem good people, the kind we would want as our neighbors. Take for example Pope Benedict XVI, who by all accounts is a highly moral individual, but as a teenager was in the Hitler Youth.

Now imagine Benedict XVI coming before the heavenly tribunal only to be told that despite the upstanding life he led on Earth, he was damned for putting on that Hitler Youth uniform. His one real test in life was to be confronted with the army of Satan demanding that he join them. He had the option of not putting on their uniform; they would have killed him, but like the early Christian martyrs he would have been guaranteed a place in heaven. He put that uniform on and saved his life, but by doing so threw his soul away. God now hates him for all eternity and says that Benedict XVI made his bed and can now lie in it for all eternity with all the other popes condemned by Dante. This may not be how I would judge souls, but I am not God. If God did operate like this, I would think he was being tough, but would still have to acknowledge that he was acting within the realm of justice.

This brings us to the critical point of the position of the saved loved ones of the damned. In our German scenario that would be righteous Germans like Sophie Scholl and Pastor Dietrich Bonhoeffer. These people opposed the Nazi regime and paid the ultimate price for it. Could we hold it against them if, from their thrones of glory, they waved at all their friends, who chose to live long full lives by not opposing Nazism, saying: "see we told you so, now burn in Hell for all eternity." In particular in the case of Bonhoeffer, a critical part of his theology was the tremendous "cost of discipleship." One could not hope to get to heaven through "cheap grace," but only by taking up the cross and being willing to literally die for Christ. This was what motivated his path to martyrdom; he believed he had no other choice and that the salvation of his soul required it.

I do not assume that Benedict XVI will burn in Hell for his Catholicism or even for being in the Hitler Youth. I certainly hope I will not burn for my sympathy with supply-side economics. That being said, the essential principle of eternal damnation for intellectual error is at least theoretically sound and in keeping with divine justice.

Of Jews and Prussians

(Werner Klemperer was a German Jew, who fled the Nazis in his youth and went on to play the the Nazi Colonel Klink to comic hilarity in Hogan's Heroes. Apparently he got the job due to his ability to do an over the top Prussian Junker.)


When I first was accepted to Ohio State and came for orientation I managed to make my advisor rather nervous when, in response to a girl telling me that her family originated from Prussia, I responded jokingly by asking her if she kept a pair of jack-boots. In my defense I would point out that this girl, a historian no less, specifically mentioned Prussia, that small State in northern German that took over the rest of Germany in the nineteenth century, creating the modern German State, and not Germany. Prussian militarism is cute, inoffensive and therefore a legitimate subject of humor, particularly among professional historians, that small minority of the population who have actually heard of Prussia.


Jews and Prussians are not known for having much in common. Sure they both wear funny hats and are stiff, legalistic and wish to take over the world. Prussians were interested in literal global power, backed by their unique genius for building armies, the statecraft to support them and the international diplomacy to reap the benefits of their military. Jews are more interested in banks and Hollywood.

And then one reads the following about the eighteenth century Prussian court:

A visitor from Saxony who resided in Berlin for several months during 1723 recalled that the great festivities of the courtly season were held ‘according to the Jewish manner’ with the women separated from the men, and observed with surprise that there were many dinners at court at which no women appeared at all. (The Iron Kingdom kindle 1844-45.)

I must admit to finding this piece intriguing as evidence of European Jews segregating by gender at public events and not just during prayer services to the extent that such practices would be labeled as “Jewish” as opposed to say "Prussian."

Making Goethe Jewish

David Goldman has an article, "Faustian Bargains," on the continued importance of German cultural tradition for Judaism. Much of the article focuses on Orthodox Judaism, particularly R. Samson Raphael Hirsch, Michael Friedländer and R. Joseph Soloveitchik. Unlike most narratives, which focus on the Kantian philosophical tradition, Goldman argues for the preeminence of German literature, particularly Goethe, for understanding German-Jewish relations. According to Goldman:


Two German thinkers demarcate the opposite poles of German culture and its Jewish response. One was Immanuel Kant (1724-1804), whose Critique of Pure Reason leapfrogged 2,000 years of debate about the ultimate nature of reality. We cannot penetrate into the inner nature of objects that we perceive, Kant asserted: All we can know is the mechanisms for understanding them that are hard-wired into our brains. The apogee of Enlightenment rationalism, Kant thought that reason would prescribe ethics and foster world peace. The poet and polymath Johann Wolfgang von Goethe (1749-1832) saw instead the dark side of the Enlightenment: Freed from constraint, tradition, and faith, modern man faced instead existential despair and self-destruction. Men use reason, Mephistopheles tells God in the prologue to Goethe’s great drama Faust, to be beastlier than any beast. Kant dismissed Judaism as a relic of ancient irrationality; Goethe learned Hebrew and drew on the Bible to make sense of the spiritual crisis of modernity.

Jews who veered toward assimilation embraced Kant’s universalism, most prominent among them Hermann Cohen, Germany’s leading academic philosopher in the last years of the 19th century. Cohen never abjured his Jewish identity and struggled until the end of his life to reconcile the unique calling of Israel with Kant’s universalism. His story has become an object lesson in failed assimilation. The Jewish encounter with Goethe in many ways is more telling, for its failures as well as successes. Some of the great rabbis of the 19th century did not hesitate to draw on Goethe’s reading of the Bible; Rabbi Joseph Dov Soloveitchik saw theological importance in Goethe’s rejection of scientific determinism.

Ayn Rand’s Road to Serfdom (Part II)

(Part I)





The plot of Atlas Shrugged occurs against the background of Friedrich Hayek's scenario. The biggest departure is that Ayn Rand never bothers to bring in a formal dictator. Even this can be seen as an astute adaption of Hayek. For Hayek the creation of a Hitler, while the endpoint, is really incidental to the whole process. The real work of Fascism was not done by the Nazis, but by the mainstream German left and right decades before. Tyranny does not corrupt the free society, but is the incidental byproduct of the corrupted free society.

In the novel the two main characters, Dagny Taggart and Hank Rearden, are businesspeople trying to succeed against a government and a society following Hayek's downward trajectory. Dagny works in railroads and is trying to build a new line in Colorado, the state with the fewest government regulations and the most robust economy. Hank is trying to market his new "Rearden Steel." Dagny and Hank form a business relationship (and start sleeping together) with Hank providing Dagny with Rearden Steel and Dagny providing Hank the opportunity to showcase to the world what Rearden Steel can do. The problem for Dagny and Hank is that the United States which they live in is dominated by the notion that private businesses should be run in such a way as to advance "the public interest." Dagny and Hank are unaware of this change in the culture and its implications for them. They are both people consumed with pursuing their own particular interests (with almost Asperger like dedication), who assume that everyone thinks like they do. This is not the case with Dagny's brother, James Taggart, and Hank's chief competitor, Orren Boyle, who embrace this new public minded spirit and, instead of working on their businesses, devote themselves to working the corridors of Washington in service of this "public interest."

In the name of public interest James gets an "anti-dog-eat-dog rule," to limit "destructive" competition and drive his chief competitor out of business. Next, James and Boyle get an "Equalization of Opportunity Bill" passed with the help of Wesley Mouch, Hank's lobbyist, who betrays his employer. The Equalization of Opportunity Bill is a laundry list of regulations designed to serve the "public interest," but which descends into favors for special interests at the expense of someone else. The railroad unions want fewer cars to be run on each train and a lower speed limit to give more hours to workers. James, in the spirit of public mindedness, gives in to this demand when he is given a break from paying back the bonds bought by the investors Dagny brought aboard. Hank is stopped from moving his business to Colorado in order that jobs not be lost, but a limit is also placed on how much he can produce in order that other less fortunate people, like Boyle, are given a chance.

With the help of people like James Taggart and Orren Boyle, Wesley Mouch is able to become the Senior Coordinator of the Bureau of Economic Planning and Natural Resources, an unelected official with almost dictatorial power over the country. He rules through an unholy alliance of special interests, from James and Orren to Fred Kinnon of Amalgamated Labor and Dr. Floyd Ferris of the State Science Institute. Together they pass Directive 10-289, which shifts the logic of the Equalization of Opportunity Bill from corrupt meddlesome government to State Fascism. Everyone must work for the public benefit; anyone who does not is not just selfish, but a criminal. All businesses must produce the same amount as pre-depression times. Workers must work the same amount of hours and at the same pay as they did before. No one is allowed to leave their job without special permission from the "Unification Board." Everyone must spend the same amount of money as they did in previous years. There is even a rule against new books being published (including books that might be critical of these policies) so that authors whom the public had yet to read could be given a chance.

In the spirit of Hayek, Rand is most effective when confronting the issue whose public interest is at stake and the consequences of accepting unstated philosophical premises. Some of the best scenes in the book are when the various villains wave the banner of "public interest," a term that Rand turns into a curse word by the end of the book. The villains, to great comic effect, sit down and try negotiate, between themselves, which of the many "worthy" public interests need to be considered and who should have to be sacrificed in the name of the public interest. Finally there are the moments when these characters have to face up to the true consequences of their abandonment of firm moral principles for pragmatism. For example, James Taggart finds himself yelling about the sacredness of a contract, when the labor union controlled Unification Board makes him the sacrifice to their public interest, only to realize that he was the one who destroyed the value of a contract when he sacrificed his investors by not paying them for the bonds.

The crucial difference between Hayek and Rand, where Rand goes off the train tracks to become Rand, is that for Hayek this scenario is a tragedy put into place by intelligent people, who had all the right intentions. If Hayek attacked Fascism (the socialism of the right), he also was defending German culture, essentially telling his English audience: we Germans did this not because we had any natural disposition to tyrannical rule or for mindlessly obeying orders. Our liberal tradition was as good as yours if not better. We fell because we so desired for the government to advance the public interest and turned to this ideal several decades before you did. Both the left and the right accepted this until between these two forces there were no honest liberals left. If these ideas came from the left, it was the German right that truly embraced them and took them to their logical and murderous conclusions.

For Rand, the problem is not just the notion that government should act for the public interest, but that people should try acting for the good of others in the first place. Thus, in the novel, there is no spirit of tragedy, or even tragic-comedy, in which good people are brought down by the unforeseen consequences of their strengths. On the contrary, there are simply moral degenerates, who fail to live according to Objectivist values of selfishness, and therefore deserve their fates. This is played out in Rand's solution to the problems faced by her heroes. She has them join John Galt and his followers in their "strike of the mind" as they attempt to bring down the entire economy even at the expense of allowing millions of people to die of starvation. For Rand, the true villains are not Mouch and his cronies in Washington, but the millions of people who honestly believed in doing good for others and thought they were doing that by supporting Mouch's economic planning. This point is most clearly made in one particular scene in which Rand sets up a major train crash in a Taggart tunnel. Before the accident occurs, Rand offers vignettes of different anonymous people on the train about to die, including a mother with her children who had always been hostile to the rich and assumed that government regulations would only harm them. The message is that these people, including women and children, were responsible for this state of affairs and deserved to die. The heroes are those, like John Galt, who can sit back with a lit cigarette (the groups special kind, featuring the symbol of the dollar) and allow society to crumble.

Following Hayek, I recognize and honor the good intentions and intelligence of those who support government control over the economy in the name of the public good. The fact that this is a path to the destruction of liberty, takes nothing away from this. On the contrary, it makes it a tragedy to be stopped and, failing that, to be mourned for. If a libertarian society is ever going to succeed it will do so ultimately because people are willing to work for the greater good and are willing to do so even without the government whip. For me, Libertarianism is not the rejection of public responsibility it is the opportunity to finally embrace it.

Of Aspergers and Robots (They Just Might Both be Capable of Emotions)

I ended my previous post with a word in about the importance of emotions and a sense of humor even in seemingly strictly rational endeavors and I thought that the topic deserved some further discussion. As with most Aspergers, I struggle against a public perception that we are simply rational automatons, robots without emotions. Anyone who has ever spent time with Aspergers knows that this is false. Asperger syndrome is not the lack of emotions; it is the inability to effectively display emotion in a manner understandable to others. In other words, it is the "disability" of neurotypicals, who cannot understand our emotions to the same extent that we seem to be hopeless at deciphering their emotions. By emotions, I mean in the positive sense of being able to desire, hope and even find joy and in the negative sense to be able to have one's feelings hurt, to be afraid, and even at times to fall into despair. The hallmark of all of these things is that in of themselves they are not rational, not subject to rational control (in terms of feelings, not actions), and have no direct Utilitarian value.

There are a number of reasons why Aspergers come across as lacking emotions. The first is that we relate to the world primarily in terms of information and not social connections. So Aspergers have an affinity for strings of information, in my case primarily history, but also politics and even the lyrics of Broadway musicals (I can remember lyrics, I just cannot sing them). The obvious conclusion from seeing someone spouting information is that such a person is precisely that, just information without emotion; what a robot would do. This is only enhanced by the fact that most Aspergers do not convey facial expressions in the same way and to the same extent as neurotypicals. Just as Aspergers have trouble reading neurotypical body language, neurotypicals have trouble reading Asperger body language. (I will leave it as an open question as to whether Aspergers fail to read body language due to not having developed one of their own or whether they do not develop conventional body language due to their inability to read the body language of others.)

What should strike one as odd about this seemingly common-sense view of Aspergers as information-spewing robots is that it fails to explain why an Asperger would bother going through the effort of learning the information and passing it along? Might I suggest that the reason why Aspergers do this is that it makes them happy in the same irrational way that neurotypicals find happiness in the mere presence of friends and in having a relationship with them? The very act of being a "robot" it turns out is only possible for one with emotions.

One has to understand that the Asperger experience is profoundly one not of lacking emotions, but of having emotions and not having them being understood while at the same time being held hostage to the emotional demands of others. Is it any wonder that one might wish from time to time to cut away one's heart and be just pure reason? Aspergers learn from early on to attempt to distinguish between emotions and reason. Reason is that which you have some hope of being able to convey to others so that they will listen. Recently I was sitting in a lounge when I overheard a meeting for a planned student trip to Germany. What struck me was the leader's continuous emphasis on the need to distinguish between reason and emotions. It is well and good for these students to find Germany and setting foot on German soil to be emotionally trying. No one is asking them to ever become comfortable with Germany or ever wish to live there. That being said, it would not be appropriate to take these emotions out on Germans they meet, the vast majority of them being born after World War II and in no way responsible for the Holocaust. Possibly for the first time in their lives, these students were being asked to do what I do every day, recognize that their emotions have no validity outside of their own heads and cannot be used to gain moral leverage over others.

Probably the greatest proof that Aspergers have emotions is that, unfortunately, so many of us suffer from depression. It makes sense; you would also be depressed if you had to live your life cut off from other people in a world distinctively not made with you in mind. To be depressed means that you can be bothered by these things, something only possible with deep emotions. For this reason, I strongly relate to Marvin, the Hitchhiker's Guide to the Galaxy's depressed robot. With the exception of Arthur Dent, Marvin is the most poignantly human character in the series. If I am going to be stuck as a robot, I would hope to transcend my depressive existence by becoming Wall-E, a trash can robot, who says almost nothing but manages to be the fictional humanist hero of the decade.

Jack Bauer’s Last Hobbesian Battle: Some Final Thoughts on 24 and its Politics

I must admit that I did not particularly care for this last season of 24. Looking back, I wish the show had ended with season five (seasons one, three and four are the truly brilliant ones). Seasons six and seven, to say nothing of the truly horrendous made for TV movie, lacked the energy and the writing to keep them interesting. 24 may not be a well written show in the conventional sense, but at its best it stands as the most truly addictive show in the history of television. This came from a manic intensity and the show's utter unpredictability. As the perfect show for our ADHD generation, it was always who is going to get killed next, when is the next bomb going to go off, and who is going to be the next person to be revealed as a double agent? At the center of this was Kiefer Sutherland's Jack Bauer. Sutherland brought an aggressive power to this role, tempered by a humanity that makes Bauer the secret agent/cop hero against which all future such roles will be judged. The last few seasons descended to parodies of 24 as the same plot-lines were recycled with utter predictability, the writers followed by the actors just going through the motions.

Season eight of 24 was, for the first two thirds of the season, running steady for being the worst season of the series. Then a sniper took out Jack's love interest, Renee Walker, and Jack went off the deep end. This, in of itself, is fairly standard 24 fare. Added to the mix, though, was the reintroduction of the Nixonian former president Charles Logan. (Jack took him down in season five for his part in the conspiracy to take down the beloved President of the early seasons, David Palmer.) Logan manages to worm his way into the confidence of President Allison Taylor and convinces her to cover up evidence that the Russians were behind the events of the first part of the season (including the assassination of the president of a foreign country and a dirty bomb nearly going off in New York) in the hopes of keeping them at the peace table.

President Taylor might never have been the moral rock that President Palmer was, but she was decent enough. Her corruption is rendered plausible since it is the capitulation to that basic politician's conceit that what they do, the deals they negotiate and the pieces of paper they sign, are actually what matter and not the military reality on the ground. This sort of politician's conceit has played itself out tragically in real life with the British government covering up from the public the fact that Germany was rearming out of the fear that the public would force a war. The British eventually signed the Munich agreement to bring "peace in our time." Similarly the Israeli government signed the Oslo accords with Yasser Arafat. Throughout the peace process, whenever things broke down the reaction of the political class was that the parties needed to come back together to negotiate another round of accords, regardless of whether Arafat could be trusted to keep it. The dictum "war is politics by other means" has it backwards. Politics is warfare by other means. The natural state of affairs is for nations to wage wars of destruction with each other. Peace treaties are our attempt to find a better solution. No one has an innate right to live in peace. You earn the right to live in peace by convincing others that you can be trusted and that it is their interest to let you live. I support peace in the Middle East, even land for peace and a Palestinian State. These things will only happen when the Palestinians and the Arab world at large believe that the choices are either peace and acceptance of Israel or the destruction of their cities and countries as was done to Germany and Japan. (My brother refers to my politics as "Liberal Machiavellianism.")

Jack reacts to President Taylor's betrayal by going on a killing spree, taking down the people involved one by one, carving out the guts of one Russian operative and impaling the Russian ambassador. This climaxes in the final episode with Jack putting Logan and President Suvarov of Russia in the scope of a sniper rifle. I find Jack's actions to be perfectly morally defensible. Even to the question of whether assassinating the president of Russia will lead to war, I would respond that an international politics with leaders who initiate assassinations of other leaders and WMD attacks on other countries in order to scuttle legitimate peace treaties, is going to lead to a major war anyway. Better take your chances with attempting to remove such leaders. For treaties to mean something then those who would violate them must not be allowed to benefit from them. I was actually hoping that Jack would kill President Taylor. Governments are based on treaties with their citizens, no different than the treaties between nations. The treaty is that citizens should obey their leaders and not murder them and leaders agree to follow their own laws. Taylor violated that treaty and therefore undermined the very legitimacy of her government. She even went so far as to implicitly allow for Jack to be killed. This leaves only Hobbesian war and Jack is certainly someone capable of waging such a war. Jack could even be excused for the innocent civilians that get hurt or killed along the way. Taylor allowed herself the moral license to allow civilians to be hurt. Jack, in order to fight this Hobbesian war, has no choice but to arm himself with the same moral license. This is the reason why one needs to keep treaties. Treaties only mean something when the consequences of breaking them become too horrifying to contemplate.

What a great way for the show to go out for Jack to assassinate the President. Instead the show got cold feet and sold out. Jack does not even kill Suvarov and Logan. Instead he allows Chloe to talk him down to try to reveal the cover up. As part of the plan Jack orders Chloe to kill him, knowing that the government would never allow him to live. It would have been great if Chloe had followed through and the show could have gone out with the loyal Chloe killing Jack. Instead Chloe only shoots him in the shoulder. The plan fails, but the day is saved when Taylor repents her actions after seeing Jack's video where he explains his actions and refuses to go through with the treaty. The early seasons of 24 deserved something better for an ending.

See Ma! Studying Medieval and Early Modern Apocalyptic Movements Can be Useful

In the introduction to Messianic Revolution, David Katz and Richard Popkin explain that they were inspired to write the book from witnessing the Waco fiasco and how government negotiators did not understand apocalyptic reasoning even to the extent of failing to understand how the book of Isaiah might be relevant to the situation. One of the negotiators even thought that the "Seven Seals" were animals:

We know now that this failure to attend to the precise meaning of Koresh's references, compounded with the failure to understand the background of a group like the Branch Davidians, created very serious breaks in the chain of reasoning that might have led to an informed decision. The psychologists who advised the FBI concluded that Koresh was paranoid and that there was no point in trying to negotiate with him; the authorities eventually adopted a strategy of "stress escalation" that involved not only cutting off electricity to and training floodlights on the compound's buildings but also the use of other tactics including playing tapes of loud music, Tibetan chants, pleas from family members, and the sounds of animals being killed. Doomsday and death were part of the Branch Davidians' messianic plan, and when they died in the fire at Waco, they believed they were merely playing their parts in a divine script which they clearly understood.

Our sense was that we had seen this all before. On one level, the events at Waco reminded us of another siege by the forces of order, four and a half centuries earlier, at Munster in northern Germany. There, too, a group of religious radicals set up what they considered a divine community of Anabaptists behind a protective wall and held off the authorities for sixteen months, until June 25, 1535, when the gates of Munster mysteriously opened from within, allowing the capture of the Prince-Bishop Franz von Waldeck, who massacred nearly everyone inside. But even more importantly, we believe that much o modern religious radicalism can clearly be traced to earlier groups and their theologies, that it is impossible to understand sects like the Branch Davidians without this historical perspective. (pg. xi)

My mother can rest assured; there is something useful to do with the study of medieval and early modern apocalyptic movements (besides for going into the business for myself, bad health plan and all). I can go to work for the government (assuming I survive the background and sock drawer checks) as an expert in radical religious apocalyptic movements. I think that there is message in my work. Apocalyptics, even those sitting in caves, do inhabit the same physical word that we do and are part of the same political dynamics. (This becomes painfully obvious when apocalyptic visions crash planes into building and attempt to manufacture nuclear weapons.) It is important that we treat them as such.

The Social Free Discourse of Opponents

I have been engaged in a back and forth with Off the Derech in regards to my last post. I argued that the actions of the anti-Israel students at UC of Irvine are the rejection even of dialogue let alone peace. They are the charge that representatives of the State of Israel are satanic. This is not an enemy that you can ever hope to talk to. Furthermore, there is the implicit issue of intimidation. Those students are not only refusing to engage in the dialogue of a free society, but they are also holding the rest of society hostage. This makes them a threat not just to Israel, but to liberal society at large. OTD objected to my defining Israel as a Jewish State on the grounds that Judaism is a religion. Furthermore, he argued:

I think your analysis of the students is extremely unfair. But calling them a threat to liberal society at large and butchering their argument by claiming they think Israel is "satanic" is a bit rich. You don't agree with them, but can't you show some respect? As some people like to say, "can't we all just get along?" From their perspective they're doing the right thing (as you are from yours) and don't they get to be judges by their own criteria, rather than their opponent's?

Jews are both a religion and an ethnic group/culture. Israel was founded as a homeland for ethnic Jews. Germany also has had their own right of return laws used for ethnic Germans living in Eastern Europe. I see nothing racist in this. This does not preclude equal rights for non-ethnic German citizens of Germany. Yes, there is a religious component to Israel, which I personally oppose. I think Israel is a good example of the sort of trouble that even a well-meaning secular liberal state will get itself into if it does not have a firm separation between Church and State.

One of the things that my readers know about me is that even if you disagree with me, I operate according to specific principles and will operate according to these principles even when they go against me. I would say the same thing if Muslims, joined by Christians and Jews, were to do to Richard Dawkins what was done to Ambassador Oren.

For free speech to function in practice, in addition to government protection, there also needs to be a social component where we are inclined to view our intellectual opponents as people who, while wrong, are well-meaning, deserving of dialogue and to be respected for the courage of their convictions. For example, I have my views on health care. I accept that there are reasonable rational and much smarter people who believe very differently. That is ok. We can debate this in the public sphere and I might win or lose. Regardless, I value the process of this open discussion above its ability to give me the results I want. There is a point at which I would shut down this social free discussion (but not the political free speech rights). I cannot possibly freely debate the proposition that I am not acting in good faith as part of this free society. I cannot prove that I am not a member of the Elders of Zion and any serious discussion of this proposition serves to exclude me from the social free society. It would frame me as a "satanic" figure, which knows the TRUTH but rejects it anyway. Thus if my university were to invite David Duke precisely to talk to students about the threat posed by Jews as individuals, I might engage in the sort of tactics used by these students. This is a full-on declaration of war and the consequences are real. It would mean that the university itself had chosen to declare war on its Jewish students. (This is why in general you may have noticed I am so hesitant to launch into ad hominem attacks or anything that challenges the legitimacy even of my opponents.)

Ambassador Oren was not challenging the legitimacy of Muslims to take part in the social free discourse. So what does it mean that these Muslim students acted in such a way as to inhibit his ability to present his ideas? (I would have no objection to peaceful demonstrators outside the building or even people in the hall holding up signs.) It means that they are willing to even come after people, who by all rights should be legitimate opponents. Thus they reject the very distinction between legitimate and illegitimate opposition. This is the breakdown of the free social discourse and a blow to the free society.

A Religious Defense of a Secular State Not Enforcing Biblical Punishment: My Response to Dr. Lively II

We have a second exchange of more series emails between Dr. Scott Lively and me. Dr. Lively continues his challenge to my commitment to biblical law in that I seem to be willing to let certain verses in Leviticus slide when they do not suit my liberal beliefs. There is a certain irony to this in that, as the Orthodox Jew, I take all of Leviticus very seriously, including the passages that deal with pork. I counter by using Augustine's model of two cities to formulate a religious argument for a secular state.


Mr. Chinn,


Regarding Igra's take on Shaw, I was quite clear that I don't know enough about the subject to hold a firm opinion.  It is fair to assume that you have not read the book or investigated its claims in which case it is unfair if not unscholarly to dismiss them out-of-hand.  Regarding Igra himself, if you are basing your opinion of him on Germany's National Vice, I can assure you that I have independently validated most of his assertions using mainstream sources of the period and overtly "gay" sources.  He was sensationalistic in style, but not factually wrong on most points. 

Regarding your claim to be a classic liberal, I must disagree.  Your correspondence leans much closer to the snide arrogance of the New Left than the dignified civility of classic liberalism.  

Regarding your claim to be a faithful Orthodox Jew, I believe my Orthodox friends would disagree.  By the standard you have articulated G-d Himself should be considered a "homophobe" for singling out the Sodomites of Canaan for special punishment not meted out to any other group.   In my observation, the Orthodox position acknowledges Scripture's repeated characterization of this lifestyle as an abomination, whereas your uninformed position, obviously influenced by popular culture, minimizes what G-d specially emphasized.  As for my specialization in this field of study, you should know from my writings that I oppose all forms of sex outside of marriage equally, but I focus on homosexuality because it is the only form with a global advocacy movement demanding political power and control for its practitioners.    
Regarding Uganda, my advice to the Ugandan Parliament was to go pro-active in support of marriage and the natural family to inoculate the population against promiscuity in all of its forms, and regarding homosexuality specifically I urged an emphasis on therapy, not punishment.  I did not advocate for the death penalty, nor did any of my teachings provide a reasonable rationalization for it.  The "gay" and leftist press are misrepresenting the facts for political advantage as they always do.  As for Proposition 8, your investment in its importance as a bulwark against "gay" power shows a gross misreading of the state of the culture.  Prop 8 will not stop their agenda, even if it is upheld by the 9th Circuit (a highly unlikely event in any case -- I have personally argued a pro-family case before this court and learned just how fully it is committed to the "gay" cause).  Absent a dramatic political shift of national power into the hands of people who believe like I do, you will suffer persecution for your view that homosexuality is a sin, as will I to a likely much greater extent. 
It seems rather odd that you can foresee the real possibility of persecution from them for your tepid opposition, while at the same time arguing that they do not represent a serious threat to society. That's a rather bizarre disconnect, don't you think?  They're seeking fascistic control over the speech of others but they're not really dangerous?  Sort of reminiscent of the attitude of the German Jews in the 20s, isn't it?  You really should read The Pink Swastika. 
Regarding your claim to be consistent in your principles, I don't know enough about you to say.  I suspect, however, based on our short exchange, the degree to which your ideas accommodate the politically correct sensibilities of the day (despite your claim to orthodoxy), and the "show-offish" way you've treated me on your blog that you are not. Nevertheless, as a Christian I am willing, within reason, to tolerate both your erroneous views and your demeaning tone to show you that I care about you as a person. 
I do happen to agree with some of what you wrote in your next-to-last paragraph, which I concede does reflect a more classic liberal perspective.  I also believe in freedom of choice (within reason) and would be happy to tolerate a "gay" subculture so long as it does not work to mainstream itself at the expense of family-centered society.  I also support religious freedom, but only as the concept was known by the Founders i.e. tolerance for all who acknowledge the existence of G-d.  Inclusion of atheism as a "religion" toward which government must be neutral is a 20th century concept that breaks the entire model.  Scott Lively


My Response:

Dr. Lively,

You are correct in assuming that I have not done a thorough scholarly investigation of Ingra's work nor of the claim that George Bernard Shaw wrote the Protocols. He may very well have had some evidence up his sleeve that I am unaware of. There are lots of claims that I have not given serious consideration to. For example, that it was a body double of Julius Caesar, who was assassinated and that Caesar and Cleopatra fled to the new world where they met up with the ten lost tribes and founded a race of uber-Indians, whose history was written on gold tablets buried in a hill in upstate New York. I may very well be the victim of an Augustian conspiracy to cover up this truth. The historical method upon which I rest my sanity requires that I dismiss any person making such claims as insane and be willing to sign them over to a padded cell and a lifetime supply of happy pills.

The Old Testament outlines a set of personal practices and a theocratic form of government designed to foster a community of people who keep God's law. The God of the Old Testament has 365 prohibitions, one of which happens to be against homosexuality. This biblical theocracy has many rules with extreme punishments for those who violate them. A priest who violates the most minor rule of the Temple cult is guilty of blasphemy. In a theocracy, blasphemy is, by definition, treason against the state and therefore possibly subject to the death penalty. Similarly, sexuality is a type of religious ritual subject to "Temple cult" stringencies. As such someone who goes outside the transcribed forms of sexuality, regardless of whether there is anything bad per se about this action, commits an act of blasphemy and therefore is potentially subject to the death penalty. Just as it is logically conceivable that God would have commanded us to sacrifice a cow for the paschal lamb, God could have also decided to permit us to engage in homosexual relations. In the universe we live in we testify to following God's command in our sexual activity by engaging in heterosexual sex within marriage and refraining from homosexual sex. (Whether homosexuality goes against "nature" or not is irrelevant.)

We do not live under a biblical theocracy and therefore lack the ability to punish people for violating biblical prohibitions, whether it is eating pork chops or homosexual sex. Personally, I think it is a good thing that we are not living under a theocracy and I have no intention, in practice, of trying to bring one about. On the contrary, I seek to live under a government that is completely "secular." By this I mean a government that does nothing to promote or prohibit any religious activity and devotes itself solely to protecting people from direct physical harm. We must recognize that, to go back to the Augustinian political model that is at the foundation of much of my thought, we live in a "fallen" world. As the Old Testament provides ample testimony for, people as a whole are not capable of living up to God's law. Furthermore, I would be hard-pressed to find "men of God" whom I would trust to tend his flock. All the people that I might conceivably trust would laugh at me and tell me to stop bothering them if I ever asked them to step up to the task. This leaves us with limiting the political state to building the earthly city. A properly functioning earthly city would create a large supply of virtuous and rational citizens. It is from this group of citizens that we can hope to recruit a flock of citizens for the heavenly city.
I am glad you are consistent about opposing all forms of extra-marital sex. Would you not agree that any church or synagogue that chooses to wink and nod at the transgressions of heterosexual teenagers should be consistent and look the other way at what the committed homosexual couple may or may not be doing in the privacy of their own home? We should not have a "forgive me father, I slept with my girlfriend this week again."

As of now the government of Uganda engages in coercive behavior to stop people from engaging in homosexual activity and is posed to implement even greater levels of coercion. Even to force homosexuals to undergo therapy would be physical coercion. It should be noted that I understand physical coercion fairly narrowly. For example, I would have no problem if a public school teacher put up a cross in her classroom and told her students about accepting Jesus as her personal savior over vacation.

I certainly do not see Proposition 8 as a cure-all. I do believe though that if we cannot win even on this issue then we are in serious trouble. While I believe that the modern left fully intends to persecute people like you and eventually maybe even me and do not trust them, I do not trust people like you to allow people like me to openly live our non-Jesus lifestyles and negatively influence society. My money is on trying to create a strong political center of classical liberals whose religious values support a secular government; this is what Izgad is all about. We offer a consistent set of principles that will allow our entire political spectrum to live together in peace.

To be clear, I do not view homosexuals even proactive ones as a threat. I see arrayed before me the full might of the modern left, who have destroyed the concept of rights and have reduced it to political spoils for chosen useful groups. In essence, they are armed with a checkbook full of blank checks for persecution. Homosexual activists are simply a group that has managed to end up as one of the privileged groups. It could just have easily been Mormon polygamists as the privileged group and homosexuals having their children snatched by government agents. (I do fear a right-wing theocracy, but I believe that the left is culturally in a better position to stop this than the right is for the reverse. As such I see the left as the more immediate threat.)

You say that you are willing to tolerate a gay subculture as long as it does not challenge mainstream culture. Part of tolerance is the willingness to allow groups you dislike to compete in the public arena and even win. For example, I oppose Israel's anti-missionary laws. Christians should be allowed to travel to Israel and try to convince people to believe in Jesus to their heart's content. Similarly, I support homosexuals not only being allowed to practice their chosen lifestyles with other consenting adults, but they should be allowed to take part in the public sphere and make their case to society at large. I have no problem with gay pride parades as long as they do not violate any local profanity laws. Gay advocacy groups are fine. I do not object to anyone making the case to me or my adult children that homosexuality should not be considered a sin or even that sodomy is a pleasurable activity that I should try some time. (Yes I believe in the right to offer people drugs.)

As I often point out to people, the Enlightenment model of tolerance was tolerance for all people who belonged to an established faith community or believed in a supreme being. I follow John Stuart Mill and offer tolerance for everyone as long as they can live within the law and not cause any physical harm. I am willing to give individual atheists the benefit of the doubt and assume they are moral individuals, even if I have my doubts about the ability of an atheist society to remain moral. There is also the experience of Orthodox Jews in Germany in the 19^th century. German law insisted that everyone belong to established religious communities. This was a problem for the Orthodox who desired to break away from the Reform. In the 1870s the law was changed to allow secularists to not belong to any community. This created the channel for the Orthodox to also gain the right to dissent.

Sincerely,
Benzion N. Chinn

Rabbi Binyamin Hamburger - Customs of Ashkenaz

Sunday afternoon, Lionel Spiegel and I went to hear Rabbi Binyamin Hamburger speak at the Yeshiva of Greater Washington. Rabbi Hamburger is a Haredi scholar from Israel who specializes in the culture of Ashkenazic (Germanic) Jews. This is part of a personal crusade of his to support the practice of Ashkenazic Judaism. Rabbi Hamburger has also written a book on Jewish false messiahs and their opponents. Rabbi Hamburger maintains the same sorts of biases that one usually finds in Haredi history writers. For example, his work on messianism is a rabbinic apology. The rabbis protected by their knowledge and faithfulness to Jewish tradition are capable of withstanding the siren's song of false messiahs. That being said, Rabbi Hamburger is capable of dealing with academic literature so he, while dangerous, can be interesting and worthwhile to listen to. Here are my notes from the lecture; as usual all mistakes are mine.



It is difficult to talk about Ashkenaz. German Jewry is the kernel of the vast majority of Jews in the world. Ponevezher Rav was once going to a non-religious community to speak. He wanted to talk about Shabbos, and Kosher, but was told that he could not speak about these things because many in the community were not religious. So he asked what he could speak about. He was told to speak about Judaism. We can start with the origins of Ashkenaz. We know that the two centers were Israel and Babylon. Babylonian Jews went to Spain and Israel Jews went to Italy. The two main cities were Bari and Trento. "Ki miBari tetzei Torah udevar Hashem me'Otranto" was what they said then.  From there they went to Lucca. Here is where we get R. Moshe b. Kolonymous, who was brought by Charlemagne to Mainz. There were very few Jews during the early Middle Ages maybe 10,000-20,000. We consider Germany to be the biggest anti-Semites. In truth, we never see a complete expulsion from Germany. Pockets of French Jewry had some influence on Eastern Europe and Central Europe, not the Rhineland.

R. Moshe Isserles, living in sixteenth-century Poland, in general, goes with Ashkenazic customs, though at times he has more recent Polish customs. An example of the difference between Old Ashkenaz and New Ashkenaz is Shofar. Saadiah Gaon had a wavering tikiah. We have a straight tikiah, this comes from Spain. Old Ashkenaz has a circular shevarim. New Ashkenaz was influenced by other countries. There were pockets that held on to the Old Ashkenaz. Skver Hasidim still go with the Old Ashkenazic way. There was a major controversy over prayer in the eighteenth century. Hasidim brought in their own text based on Lurianic thought. Rabbi Ezekiel Landau attacked such changes. Many Hasidim, today, claim that they come from Spain. This is absurd. R. Judah the Pious claimed that people can die because they change a hymn even to change one hymn for another. There is a story among Vishnitz Hasidim that they stopped saying piyyutim for a while. A plague broke out and they sought spiritual causes and decided to bring back piyyutim, based on the teachings about dangers of stopping/altering piyyutim. This was in the time of the 'Ahavas Yisroel' of Vizhnitz (past Rebbe). Worms had a custom not to eat dried fruit. They were concerned about worms. (No pun intended.)

Why is it important? There is a strong claim of tradition defended by rabbis from one generation to another. Even Maimonides, from Sephard, sticks up for Ashkenaz. He attacked the order of calling people up to the Torah. He notes that one would expect Sephardim to be messed up, but Ashkenazim should know better. Rabbeinu Ashur (Rosh) became a rabbi in Toledo after fleeing from Germany and influenced Sephardic Jewry. He attacked the traditions of Sephard and only trusted the tradition from Germany. Rabbi Yitzchak b. Moshe Or Zaruah was a leading sage in Central Europe. He was questioned as to why one should make Kiddush in shul Friday night. He defended this custom by appealing to Ashkenazic tradition of the Rhineland and attacking his opponent for daring to question that tradition.


Q&A

The custom of cutting the hair of three-year-old boys comes from Arabs. It does not come to even the Hasidim until the twentieth century. We have evidence from the Middle Ages of cutting the hair after just a few weeks. Ashkenazim were never into beards but were very careful with peiyos. This is the exact opposite of Chabad. They were not so concerned about beards for people who were out in the world (as opposed to religious functionaries within the Jewish community). But they did have something with peiyos, see e.g. depictions of Wolf Heidenheim.

I asked Rabbi Hamburger about the debate between Dr. Avraham Grossman and Dr. Haym Soloveitchik about the origins of Ashkenaz. Dr. Soloveitchik argues that Ashkenaz from the beginning was Babylonian based. Rabbi Hamburger responded that Dr. Soloveitchik is a genius and that he has not seen his evidence. Perhaps if he saw this evidence he might be convinced. That being said everyone seems to assume that Ashkenaz comes from Israel. Dr. Soloveitchik might be a genius but the Rosh was pretty big too.

Luther Wanted to Burn Down Synagogues But He Was Not an Anti-Semite

I spoke about Martin Luther the other day. I asked my Hebrew Academy students to define anti-Semitism and whether Luther was an anti-Semite. (As an early modernist, one of my personal goals is that after a year of my class my students, when they hear the name Martin Luther, should not think of a black preacher with a dream but a fat, beer-drinking German.) Almost every one of my students defined anti-Semitism as hating Jews. They also all saw Luther as an anti-Semite. I sympathize with my students’ feelings. When I was younger I agreed with my students. In my ninth grade history class, I called Luther a bum. The history teacher, Mr. Jesse, responded that he was a Lutheran. I guess you can say oops. (Mr. Jesse was the perfect middle school teacher. He was physically intimidating as in over six feet tall, built like a brick wall, yelled, and threw stuff. He also had a basic command of the material, was a genuinely likable person, and had a great sense of humor.)

There are certainly good reasons for viewing Luther as an anti-Semite. After taking a fairly positive attitude toward Jews early in his career, Luther turned on Jews with a vengeance in On the Jews and their Lies (1543). Luther advises:

First, to set fire to their synagogues or schools and to bury and cover with dirt whatever will not burn, so that no man will ever again see a stone or cinder of them. …
Second, I advise that their houses also be razed and destroyed. For they pursue in them the same aims as in their synagogues. Instead they might be lodged under a roof or in a barn, like the gypsies. …
Third, I advise that all their prayer books and Talmudic writings, in which such idolatry, lies, cursing, and blasphemy are taught, be taken from them.
Fourth, I advise that their rabbis be forbidden to teach henceforth on pain of loss of life and limb.
Fifth, I advise that safe-conduct on the highways be abolished completely for the Jews. For they have no business in the countryside, since they are not lords, officials, tradesmen, or the like.
While this aspect of Luther was mostly ignored until the twentieth century, the Nazis made use of Luther, viewing him as a precursor of theirs. The modern Lutheran Church has officially rejected all statements of Luther’s regarding Jews.

I believe that it is important that for anti-Semitism to mean something it has to mean something more than hating Jews. The English hate the French and vice versa. At Ohio State, we have a Hate Michigan Week every November. Pretty much every group on the planet has been hated by someone else, has been the subject of bigotry, discriminated against, and even on occasion killed. Anti-Semitism is something beyond that. Jews are unique in the sort of hatred they have consistently evoked in so many different places and people. What other group of people has something to compare to the blood libel or the Protocols of the Elders of Zion, one of the best-selling books of the twentieth century? The Nazis hated lots of different groups of people yet there was something about the Jews that made them a special target. For example, the German war effort in 1944 was literally sabotaged in order to massacre Hungarian Jewry. So anti-Semitism is not just people hating Jews but people having a pathological hatred of Jews, a hatred of Jews that goes beyond reason.

When dealing with Christian-Jewish relations it is important to distinguish between Christians who were hostile to Jews for what they were and a Christian hostility that went beyond all reality. Let us be clear, medieval Jews were heretics, unbelievers, and blasphemers, who hated Christians. Toldot Yeshu was accepted as fact by Jews. They believed that their ancestors really did kill Jesus and were proud of it. To them, Jesus was a bastard, a heretic, and a magician while the Virgin Mary was a whore. From this perspective, Luther was being perfectly reasonable. All his accusations were things that Jews would have admitted to. Jews cursing Christians was a fact. When Jews, in the sixteenth century, said the curse for heretics in the eighteen benedictions they meant Christians. It was a fact that Jews referred to Christians as goyim. Jews called Jesus the ‘hanged one.' Jews practiced usury. Luther refers to the blood libel accusations. He was agnostic about these charges but argued that Jews hated Christians enough to murder Christians. Again this was a very reasonable assumption.

Luther was a polemicist, who wrote in an aggressive manner; even by the standards of the day Luther’s universe was highly Manichean one, sharply divided between the saved and the unsaved with no grey area in between. It was not just Jews whom he believed to be satanic. He believed that the Catholic Church and even fellow Protestants who disagreed with him were also of the Devil and going straight to Hell. So there was nothing particularly anti-Jewish about his demonization of Jews. The fact that they were Jews was incidental to the fact that they were people who disagreed with him.

In the pre-modern period, all government authority was inherently religious. It was assumed that it was God’s will that a certain person rule. Because of this, there was, almost by definition, no such thing as a non-political religious claim. Every religious claim had political implications and anyone who went against the established religion was by definition engaging in political subversion. For example, if God is not a Catholic then God clearly would not want the Catholic Charles V to rule over his German people and take care of their spiritual welfare like he has the Pope look after their spiritual welfare. Therefore anyone who was not a Catholic in early sixteenth-century Germany was implicitly advocating for the overthrow of Charles V. Because of this it is impossible to ever accuse a pre-modern, Luther or anyone else, of being intolerant of other religions. Luther was perfectly in his rights to advocate the use of violence against Jews or any other religious subversives just as we accept the legitimacy of the use of violence even today against political traitors. And in fact, Jews got off much easier than Luther’s Christian opponents. Luther explicitly warned against directly harming Jews. The fact that Luther only wanted to destroy Jewish property, interfere with the ability of Jews to earn a livelihood and practice their religion while at the same time advocating physical violence against Catholics and Anabaptists begs the question not why Luther was hostile to Jews but why he was not more hostile to them. One suspects that it had something to do with his strong Augustinian leanings.

In conclusion, I do not think it is accurate or helpful to view Luther as an anti-Semite. He was an active opponent of Judaism which is nothing remarkable as to be a Christian, unless you are a very liberal one, requires that one be at least a passive opponent of Judaism, along with every other religion. Luther’s opposition to Judaism was internally consistent. His accusations against Jews are all grounded in solid fact; there was nothing fantastical about them. He took these things to their logical conclusion and endorsed a very reasonable sixteenth-century solution to the problem. Jews today do not have any legitimate grounds for any personal animosity against Luther himself let alone to use Luther as a polemical club against modern-day Lutherans.

Fifteenth World Congress of Jewish Studies: What is Jewish (If Anything) in Isaiah Berlin’s Philosophy?

Dikla Sher – Isaiah Berlin vs. Hannah Arendt: Their Political Ideas through the Prism of their Jewish Identities

Isaiah Berlin and Hannah Arendt were very different thinkers. Berlin was quite open in his contempt for her. Much of their differences can be seen in their different experiences with totalitarianism and their criticism of Enlightenment. Berlin opposed the over-rationalism of the Enlightenment. The claim that human’s are the same everywhere and should have one reason. This comes from the Platonic ideal of one universal that applies everywhere. Such monism inevitably leads to totalitarianism. Arendt, coming from her personal experience with Nazi Germany, saw the failure of human rights as something beyond any government. Her criticism is political and not philosophical. For Arendt the most important right is to have rights. Such rights are based on societies and not, as Berlin argued, with individuals.
Berlin divided liberty into positive and negative liberty; he preferred negative liberty. True liberty requires examination, active decisions; to be free is to make an unforced choice. The attraction of totalitarianism is that it allows man to avoid action. Arendt distinguished freedom from liberty. True political freedom cannot be ownership but is part of man’s essence. To be free is to act. This action must take place in a shared public space.

Berlin acknowledged a value to nationalism in that it served the need for a common culture. Arendt’s community is not national; she opposed the nation state. In its place she supported a republican alternative. This is not the classic model of republicanism; Arendt went against Rousseau in that there, for her, is no giving up of individuality to the republican state. Instead one takes on an additional identity; thus making the individual life richer.

Neither Berlin nor Arendt believed that one had to be religious. They do not use Jewish sources. Their Jewish identities, though, were dominant. Berlin celebrated Jewish holidays as a way to identity with his community and heritage, which he wanted to continue. Arendt, writing to Scholem, said that she never felt that she had to identify herself as a Jew; being a Jew was a fact of life. Berlin was a strong supporter for Zionism from the beginning. Arendt saw the power of Zionism in terms of taking responsibility for Jewish problems. She turned against Zionism, though, when she found out that it would be a Jewish national state without cooperation with the Arabs. It was a forced solution after the social one had failed.


Joshua Laurence Cherniss – Judaism, Jewishness, and Liberalism in Isaiah Berlin’s Political Thought

There is a difference between Judaism and Jewishness. Judaism here can be taken to refer to a set of given beliefs. Jewishness is to be defined in terms of a culture that one is in dialogue with. In terms of Judaism there is not much there in Berlin. He did not use Jewish texts in his writing. Conditioned by his own views of Judaism as an intellectual position, he viewed Judaism as a series of claims that were outside of reason or ethics. A pivotal example of this is God commanding Abraham to sacrifice his son. Similar to Yeshayahu Leibowitz, Berlin saw this as a move against the ethical. For Berlin, to respect Judaism was to reject it.

Berlin was engaged in the situation of Jews in a post emancipation world. For Berlin this emancipation was a failure. This larger course of Jewish history comes from his experience with the Russian situation. There was more persecution, but Jewish life enjoyed a greater coherence and integrity. It was not surprising to Berlin that Zionism was more successful in Russia than in the West. Jews had a model in the Russian intelligentsia to imitate, which Berlin greatly admired this. Berlin also had his experience with British Jewry. They lacked persecution but suffered from a class conscious society. They were caught trying to fit into society that was not made for them, wearing clothes that did not fit. For Berlin liberty was a matter of choice. To be deprived of choice is to be denied the fundamental dignity of a human being. The tragedy of the Jew was that choices were not open to them.

(During the question and answer section there was some discussion of A. N. Wilson’s attack on Berlin as the “dictaphone don” in the Times Literary Supplement, which depicts Berlin in ways that were quite contrary to that of the panelists.)

The Fifteenth World Jewish Congress: Jewish Centers in Medieval Western Europe

Bernard Rosensweig – Did Rabbis Play a Central Role in the Ashkenazic Communities after the Black Death?

The Black Death more so than the Crusades was the turning point for German Jewry. Rabbi Jacob Weil divides the level of scholarship between before and after the decrees following the Black Death. Acts of violence, committed during this period had succeeded in eliminating many scholars and lowered the level of scholarship. New laws needed to be clarified. We have a rabbinic conference in Nuremberg in 1438 to deal with this breakdown in community. The creation of books of customs now became necessary as questions of daily routine now came to the fore.

In this period of confusion and chaos, the rabbi stepped into the void and provided a singular kind of leadership, going beyond the individual community. The rabbi serves as a center of Jewish unity, providing continuity and structure. We can see this in the attempts by the civil authorities to impose the position of chief rabbi on communities. These attempts failed but they show how important the position was and that the authorities were aware of this. An example of this new kind of rabbi was Rabbi Jacob Weil, who represented the community of Augsburg in negotiating with the emperor and at Nuremberg. We may bemoan the abuse of authority by unsavory characters only goes to show a new found power to the rabbinate as the community is weakened.

Mordechai Breuer wished to show that the rabbinate as was on the decline and that rabbis were caught in the position of trying to stem the tide going against them. Rabbi Moshe Mintz was the only rabbi to put in ordinances based on his own authority. He did this in Bamberg. They are in the most obvious areas on religion. There is nothing on communal life like personal status and monetary issues. Mintz only recording some of his ordinances. In order to establish his authority, he had to do so in the most obvious areas of Jewish life.

Rabbi Jacob Weil, when he came to Erfurt, found a community is disorder and put in ordinances to clarify basic matters of Jewish law. It is true that it was the parnaism who negotiated tax agreements and collected them from the community. Rabbis did, though, have a role in taxes. They helped set the ground rules for assessing taxes. Wealthy Jews tried to get special breaks, increasing the burden on the rest of the community. Rabbi Israel Isserlin declared that a practice had to done by the community three times in order to take effect.

In conclusion, there are clear continuities after the Black Death. We see more of a professional rabbinate. This generation did produce a talented group of scholars and they launched a new school of scholarship that influenced Rabbi Moshe Isserles in the sixteenth century. There was a decline but it was not at the beginning but rather at the end of the fifteenth century as Israel Yuval argued.

(Dr. Haym Soloveitchik goes to the other extreme, arguing that Germanic Jewry was on the decline from the end of the thirteenth century due to the collapse of imperial authority during these decades, which resulted in the large scale massacre of Jews.)

My Tisha B’Av Speech to the Chofetz Chaim Heritage Foundation

Today is the fast day of Tisha B’Av (the ninth of Av) when traditional Jews mourn the destruction of the two Temples and the many subsequent tragedies of Jewish history. In honor of the event, every year the Chofetz Chaim Heritage Foundation, a Haredi organization, sponsors a video presentation shown to thousands of Jews across the world. The video usually features prominent Haredi speakers such as Rabbi Paysach Krohn (apparently he is not on for this year), Rabbi Shmuel Kamenetsky, Rabbi Yissocher Frand and Rabbi Mattisyahu Salomon. (For some strange reason when I played the ad for the event on their website they had music playing in the background. Music is certainly not something permitted today.) Usually, when I try to go, I find that the combination of my empty stomach and the rancid theology on screen proves too much for me and I end up having to walk out before the end. For all those with similar theological-gastronomical dispositions, I offer you the speech that I am confident you will not be hearing this year from the Chofetz Chaim Foundation; it is, though, what I would say if I were given the chance to speak as part of their lineup.

A good churban to all of you gathered here today from across the globe. The fact that all of you are here in the afternoon on a fast day is remarkable. I say this because I do not wish to come across as completely negative in my comments, as someone who ignores the good in our community. Now that we have gotten past that I would like to move on to business. I am not much of a storyteller nor am I the sort who likes throwing around little vertlach on midrashim, with no purpose other than to entertain and offer pithy moral value statements. I am afraid that if you are looking for someone to make you feel good about yourself you have come to the wrong speaker. By my nature, I possess a skeptical view of human virtue along the lines of Augustine and John Calvin. (You can look those people up later.)

By training, I am a historian and a contemplator of human politics and society. From this, I have become a strong believer in the importance of a bottom-up understanding of human affairs. Major changes happen in society because the vast majority of society agreed to go along with them. As Leo Tolstoy (You can look him up later as well.) understood, those at the top, those supposed “great men,” are not the ones controlling events but are being controlled by them. For example, in the case of Nazi Germany, if you ask me who was responsible for the murder of six million Jews I would not say Hitler or those who ran the camps. Every society has its insane murderous people; they should be mercifully placed in mental hospitals, protected from harm or from harming others. The people really responsible were those regular sane German people who allowed Hitler to come to power and go to war. Without millions of regular Germans agreeing to serve in the German army and run German factories there is no World War II and no Holocaust. These were sane rational people who came to the sane and rational conclusion that the removal of Jews and other undesirables and the expropriation of their property would benefit them. Going along with the Lebensraum policy, had the sanity and rationality necessary for an act of first-degree murder. If it were up to me, I would have put the entire German population above the age of eighteen on trial at Nuremberg and those who could not prove that they actively tried to stop Hitler would have received a sentence of death. (Whether or not it would have been feasible to carry out such a sentence is another issue. Most probably this death sentence would have needed to remain something symbolic.)

Similarly, with the problem of Islamic terrorism, the people responsible for Islamic terrorism are not the terrorists, such as suicide bombers and the hijackers of September 11. The real people responsible are those Muslim and liberals who act as apologists for Islamic terrorism, blaming the West and Israel for bringing trouble upon themselves. I see such people on a regular basis on the college campus where I work. These people get to pursue their vendetta against the West and they hypocritically Pontius Pilate their hands of the affair. (Look it up.) They correctly claim to not be terrorists and make a big show of taking offense at any implication that they are. In truth, they are something worse, moral scoundrels, who lack the courage to pay the true price of their beliefs.

The past few weeks have seen numerous scandals erupt from our community; whether it is youngsters from our community burning trash cans and smashing traffic lights or the arrest of rabbanim in New Jersey. The common refrain is that these are the sins of just a small minority and have nothing to do with the overwhelming majority of us who are good righteous people. My response is that these are precisely the sins not of the few but of all of us in the community for they happen because we, as a community, are making the sane rational, and immoral choices that allow for it. And let us not play innocent here, we benefit from these things. The least we can do is have the decency to openly endorse what was done.

Why do we have a population of youngsters with time on their hands and a lack of any concern for secular authority to riot? Should young men in their teens and early twenties not be in school, learning a useful trade, or in the workplace practicing a trade? No, because we created a system in Israel in which young men must sit and study Gemara and are discouraged from pursuing any other option. Most people, including people with high levels of intelligence and talent as it pertains to other fields, are not suited for Gemara. Such people might be well suited for other fields of endeavor, but they are trapped by the system they are in; the system we have created. People in such a situation might be tempted to leave the community to pursue other options, but refrain from doing so, in large part, because we have taught them to hate, fear and despise the outside world. Make no mistake about it, we did it with intent; we taught them this precisely because we knew that by doing so we could stop them from leaving, joining the ranks of the off the derech and becoming an embarrassing statistic. So we reap what we have sown in the riots. We can no more say that we did not want or endorse the riots than Arabs can denounce the state of Israel as a Nazi occupier and not support the terrorism used to destroy it.

Jewish life is expensive with tuition and large families. It does not help matters if you are less than enthusiastic about advanced secular education. (A necessary platform for many of the sorts of jobs that allow one to pay for such a lifestyle.) We can try giving tuition breaks to needy families, but that simply spreads the cost somewhere else. At the end of the day we, as a community, have to be able to come up with the funds to support ourselves. You are shocked and horrified that members of our community, even leaders in our community, turned to defrauding people of their kidneys? I am talking to the real criminals right now. No one here can play innocent. We just thought it would be best to look the other way and hoped that if we did not notice no one else would. And some Germans innocently thought that the Jews could all just be shipped off to the East and everyone would be the better for it.

For all of you so-called “Modern Orthodox” Jews sitting in this audience, feeling pretty good about yourselves right now; I mean you too. You have allowed yourselves the luxury of using systems built by others. Why are you sitting here listening to this lineup of speakers; why do you not have your own speakers, who actually believe in the sorts of things you claim to believe in? It is sheer laziness. You abandon the running of Torah-true Judaism to people who support an ideology you oppose. Do you think it actually matters that, when this ideology fails, you can claim that you did not support it; for all intents and purposes you did support it.

In conclusion, let us resolve ourselves to taking some moral responsibility for what goes on in our world. There is a churban going on right now. If you are one of those people who looked at articles in the press about Haredi rioting and complained that we are being picked on then you are responsible for our churban. If you are one of those people making comments on websites like the one run by Rabbi Yakov Horowitz, telling him that he needs to stop talking about what is wrong with our community and do more to tell us how wonderful we are, then you are part of the churban. My bracha to you all is that, if we take it upon ourselves to clean up our own mess, Hashem should bless us so that next year we will have the luxury of only having to mourn the burning of a building in the year 70 C. E.