"Covenantal Rights" is a groundbreaking work of political
theory: a comprehensive, philosophically sophisticated attempt to
bring insights from the Jewish political tradition into current
political and legal debates about rights and to bring rights
discourse more fully into Jewish thought. David Novak pursues these
aims by presenting a theory of rights founded on the covenant
between God and the Jewish people as that covenant is constituted
by Scripture and the rabbinic tradition. In doing so, he presents a
powerful challenge to prevailing liberal and conservative positions
on rights and duties and opens a new chapter in contemporary Jewish
political thinking.
For Novak, "covenantal rights" are rooted in God's primary
rights as creator of the universe and as the elector of a
particular community whose members relate to this God as their
sovereign. The subsequent rights of individuals and communities
flow from God's covenantal promises, which function as irrevocable
entitlements. This presents a sharp contrast to the liberal
tradition, in which rights flow above all from individuals. It also
challenges the conservative idea that duties can take precedence
over rights, since Novak argues that there are no covenantal duties
that are not backed by correlative rights. Novak explains carefully
and clearly how this theory of covenantal rights fits into Jewish
tradition and applies to the relationships among God, the
covenanted community, and individuals. This work is a profound and
provocative contribution to contemporary religious and political
theory.
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