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Jewish Sensibilities
Peter Ochs
University of Virginia
One goal of
Textual Reasoning has been to address issues of Jewish ethics, law, and
practice in ways that are neither reduced to the concept-only style of modern
academic ethics, nor preserved in the time-, text-, and community-specific
terms of rabbinic jurisprudence. In his 2004 PhD dissertation at UVA (Recovering
Jewish Virtue Ethics) and in several AJS presentations, JTR contributing
editor Dov Nelkin has offered one alternative that should be of great interest
to textual reasoners: a rabbinic virtue theory that brings clarity to the norms
of rabbinic practice without over-generalizing such norms into reified
principles. This issue of JTR introduces another significant contribution to a
TR approach to Jewish ethics. Vanessa Ochs' essay on "Jewish Sensibilities"
urges several moves that may challenge the interpretive habits of both modern
Jewish ethicists and traditional rabbinic scholars.
Like Dov, Vanessa
urges us to investigate Jewish virtues as a way of bringing to light what
guides practice in the Jewish community. At the same time, she challenges our
habit of identifying such virtues with the lists of virtues our normative
leaders (rabbis, scholars, or poskim) read out of the classic rabbinic
sources. Citing Max Kadushin with approval, she affirms the normative
significance of classic rabbinic literature, as well as the periodic effort of
moral reasoners to offer generalizations about the virtues, beliefs, guidelines,
or, to use Kadushin's terms, "value concepts" that animate rabbinic discourse.
But, we might say that she pursues one of Kadushin's methods of inquiry more
radically than he does. In Kadushin's words, this is to explore the rabbinic
literature for evidence of what the rabbinic sages' interactions with the "folk
in general" and with the values they held dear. (See, for example, Kadushin,
"The Interaction of the Rabbis and the Folk," in Worship and Ethics, Binghamton, 2001: 57ff.) Readers of Kadushin may debate to what degree classic rabbinic
discourse drew from or spoke to "common folk practice." Either way, Vanessa
accepts Kadushin's goal, but applies it in a way he did not. This is to
contemporize our understanding of rabbinic virtues by claiming that we really
don't know what such virtues mean unless and until we can observe how they
would be embodied today in the context of contemporary Jewish practice. She
recommends ethnography as our primary means of glimpsing at this practice:
ethnography in the broadest sense as actually going out in the world and
observing how Jews live rabbinic values and asking such Jews about what they
think they are practicing and what they hold dear. The significant addition
here is the method of direct empirical observation. Kadushin, in fact, was
partial to describing his method as anthropological-like. But this remained an
anthropology of ancient texts. Vanessa wants to bring the anthropology home to
observing contemporary life.
Vanessa uses the
term "values" rather than "virtues" and we will follow her practice for the
rest of this introduction. She believes that, for some readers, the term
"virtue" may connote a greater piety or virtuousness than she believes people
attribute to the norms that guide their actual practices. Similarly, Kadushin
felt the term "value" connoted what he called the "warmth" of everyday belief.
An Empirical Approach to Jewish
Ethics
In the practice of
this ethnography, Vanessa is led to an even more radical recommendation: that
Jewish ethicists ought not pre-define the normative categories that may be
displayed in contemporary Jewish practice. Although she doesn't say so, this
may mean that she is open to the observers' coming to the field with certain
hypotheses about "what counts" in Jewish life," and that these hypotheses may
reasonably be informed by study of rabbinic ethics through the ages. She
appears to caution, however, that, once in the field, observers should not let
these hypotheses interfere with their capacity to see and hear new ways of
formulating Jewish norms. At this point, Vanessa appears to be recommending a
practice more consistent with Mordecai Kaplan's naturalistic approach to the
norms of Jewish civilization than with Kadushin's preference for rabbinic
legislation. One might say that, like Kaplan, Vanessa identifies Jewish norms
with whatever a current community of Jews deems normative or holds dear. My
sense of her essay is that she adopts this attitude as a field practice rather
than a normative conclusion: suggesting, in other words, that ethicists ought
to go into the field observe and hear, first, what a given Jewish
community actually values before making pronouncements about "the Jewish
virtues." I do not, however, hear Vanessa concluding that this stage is the
end of ethical work: as if whatever Jews think at a given time trumps the
history of rabbinic jurisprudence and Jewish ethics. I read her effort,
instead, to be a protest against our tendencies to ignore such field data. Neither
reducing her work to the study of history-and-canon, nor ignoring such study
she urges us simply to add a new dimension to our inquiries: to investigate the
"Jewish sensibilities" as they are displayed at a given time in history.
In sum, Vanessa
offers what I would consider a Jewish pragmatism. She wants to know what a
given community of Jews value so that (1) these Jews can better know
themselves; (2) those who care for Jews can better know "where we are coming
from;" (3) and, we can be more coherent and less sentimental when we tell our
children that Judaism is precious and worth sustaining.
What Seems Scary About an
Empirical Approach
As she tells us,
Vanessa first came to her study of Jewish sensibilities as a way to advise
hospital chaplains about the values held by their Jewish patients. She knew
from experience that Jewish patients hold a family of values very dear when
dealing with issues of life and death or illness, and that these values were related
to, but not identical with, the official lists of rabbinic beliefs. These
values were also not identical with the lists made up by those who believe they
can describe THE Jewish position on such matters as end-of-life
decisions, organ donation, stem-cell research and so on. Since the chaplain's goal
is to care for the patients they actually have before them, Vanessa judged that
it was unhelpful to arm chaplains with a list of idealized beliefs that may be
opaque to the patients they are actually trying to help. She thereby came up
with her initial list of "sensibilities" based on what actually seemed to work
at the bedside.
Having drawn up
such a list, she realized that it might be of broader interest outside the
chaplaincy as well. Vanessa first published a brief essay on 'sensibilities'
in a Sh'ma journal issue. The issue included a series of response
papers that the editors of Sh'ma solicited: comments by rabbis and
scholars about the usefulness of "Jewish sensibilities" as an approach to
Jewish ethics. The responses were quite animated. Among the more passionate
criticisms was a general concern that Vanessa's approach would reduce our sense
of what Judaism holds dear to the passing fancies of everyday folks who might
not even be well-educated in the rabbinic sources. These critical responses
displayed significant anxiety both about the moral standing of everyday Jewish
practice in America, and about the authority of enduring rabbinic beliefs in
the ways we understand and teach Judaism in America today. Some of the
criticisms turned on more technical issues: asking, for example, why Vanessa
excluded this or that sensibility from her list; how we could make the list
more broadly empirical and exact; and whether or not we could identify a
systematic mechanism for transmitting these sensibilities from one generation
to the next. There were some positive responses as well. These responses
tended to reiterate Vanessa's concern about a potential disconnect today
between rabbinic and scholarly leaders and amcha: that these leaders
need urgently to get out into the field more and get a better understanding of
what Jews actually hold dear before deciding how best to preach to the Jewish
community.
The energies
displayed in that Sh'ma issue (whether negative or positive) stimulated
us to design a Journal of Textual Reasoning issue on the same topic. For this
issue, Vanessa has prepared an expanded essay on the Jewish sensibilities, to
which we have received three responses. Two of the responses are expanded
versions of responses that appeared in the original Sh'ma issue. Nancy
Fuchs-Kramer receives Vanessa's project warmly, while also pressing her hard to
consider how a list of sensibilities could be made more reliable and more
complete. Jonathan Schofer also receives the project warmly and also urges
ways of disciplining and expanding the project. Echoing some of Kadushin's interests,
Jonathan affirms both the anthropological approach to Jewish ethics and
the importance of grounding that approach in ethnographic studies of the classical
rabbinic literatures. Daniel Weiss encountered Vanessa's approach when he was
a student in one of Vanessa's graduate seminars at the University of Virginia. Examining the specific case of the Aliyah Senior Citizens Center in Barbara
Myerhoff's Number Our Days, Daniel explores the influence of a
great variety of circumstances on how Jews actualize, retain, or transform the
values they inherit.
The responses to
Vanessa's essay--in both here and in the Sh'ma issue--suggest several
ways in which a discussion of "Jewish sensibilities" may be of great
significance for the work of TR. I will discuss three of these here.
The place of
the empirical in Jewish ethics: Vanessa's essay seems to uncover our
anxieties about the relation between rabbinic discourse and the empirical
world. For some, the anxiety is that Jewish life as it is actually lived may
degrade what we hold most dear in rabbinic tradition. For others, the anxiety
is that text scholars and rabbis may be too out of touch with empirical reality
to recognize how what we hold dear can and should actually be lived in the
Jewish world today. And what do our practices of textual reasoning suggest?
Perhaps we may consider textual reasoning itself to be a response to both these
anxieties: an effort to bring the practices of rabbinic text reading back into
relation with the realities of contemporary Jewish life and to recommend
ways that contemporary Jews may re-engage themselves with our history of
rabbinic text reading. On the question of Jewish ethics, is it not the case
that TR must insist on our responsibilities to both the classic
discourses of Jewish textual life and immediate concerns, sufferings,
and realities of Jewish social life? If so, studies of "Jewish sensibilities"
may contribute to the way we accept these responsibilities.
Rabbinic
Pragmatism: Both Max Kadushin and Mordecai Kaplan worked in the spirit of
what we might call a rabbinic pragmatism. Influenced variously by Charles
Peirce, John Dewey, and William James, they both had an aversion to the pursuit
of abstract thinking for its own sake. They both believed that the purpose of
disciplined reasoning is to help repair societal wounds. This means that
reasoning operates in the service of social life and the norms embedded deeply
within that life. And it means that the means of service is to help identify problematic
features of social life (places of suffering, oppression, or confusion), to
offer hypotheses about the possible sources of these problems and to offer workable
hypotheses about how these problems may actually be repaired. In the service
of a Jewish society, they both lent their disciplines of reasoning to
identifying the most urgent problems facing Jewish life today, and the most
useful sources of Jewish wisdom about how to repair such problems. They then
offered their own recommendations about how best to apply these wisdoms today.
Kaplan and Kadushin initially worked very closely together. When they broke
apart, the two paths they took served, in fact, either one of the two elements
of what textual reasoners might consider a fully adequate response to Jewish
social needs. Kaplan tended to go the more strictly empirical way. He
identified the disconnect between classical rabbinic values and actual Jewish
life as the most urgent problem in Jewish society today. He therefore
urged us to attend to Jewish civilization as it is actually lived and to find
ever renewed ways of identifying its ever-changing wisdoms. Kadushin tended to
go the more strictly textual way. He shared Kaplan's sense of what was wrong,
but he feared that Kaplan's solution underplayed the enduring power of
classical rabbinic wisdom to help guide repairs in contemporary Jewish life.
He therefore urged us to re-read the rabbinic sources in a way that rendered
their wisdoms more visible and more useful to use today.
This brings us
back to Vanessa's "sensibilities." Kadushin's contribution was to provide new
ways of identifying the rabbinic virtues, or value concepts, and of
appreciating their plasticity, or capacity to guide in a definite and renewable
range of reparative actions in Jewish social life. We could redescribe
Vanessa's "sensibilities" as sets of value concepts guiding popular Jewish life
in parts of America today. If so, we could say that Vanessa's project serves
Kaplan's overall concern to attend to the overall character of Jewish
civilization and that it identifies contemporary Jewish values according to the
general method of Kadushin's value-conceptual analysis. If so, then we might
consider two complementary ways of extending Vanessa's recommendation. Serving
our responsibility to Jewish textuality, one way would be to bring an empirical
study of sensibilities into interpretive dialogue with studies of the classical
rabbinic value concepts. Serving our responsibility to empirical realities of
Jewish life, another way would be to extend the reach and depth of our
empirical studies. We might, for example, study several Jewish communities and
also examine the sensibilities of some sub-communities that may appear (to
themselves or to others) to generate or uncover normative guidelines: the
community of Jewish studies Professors, for example, or of Hadassah executives,
or yes, the leaders of Jewish federations and JCC's!
Other studies of
Jewish virtues would contribute to these projects. As Vanessa mentions, there
is Yitz Greenberg's studies in what we might call the virtues of contemporary
Jewish covenantal life. There are Gene Borowitz's several studies of Jewish
virtues and values, all of which I believe fall under the rubric of rabbinic
pragmatism. And there are the studies by a growing collection of TR
ethicists. For example, Laurie Zoloth's studies in Jewish bioethics bring
classical rabbinic values into dialogue with the empirical realities of broad
social concern about issues of life and death. Bob Gibbs' studies in Jewish
philosophic ethics have uncovered ways of reasoning about the wisdoms that may
inform Jewish response to the problems of the modern academy and of life in
modernity more broadly. Aryeh Cohen's emergent work on Jewish labor law and
labor ethics displays keen attention, at once, to the textual and empirical
bases of text-reasoning ethics. And this is to mention only three of the many
exemplary projects that have been undertaken by readers of TR: early and
hopeful expressions of what we might dub "TR sensibilities."
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