Ethical Role of a State in Ancient Jewish Political and Legal Thought

Abstract

In this article, the author wonders how ancient Judaic legal thought, originally formed at the communal, pre-state level, really justifies the existence of a state, not only in terms of physical security for collective security, but also as a component of the paradigm of moral improvement of society. Based on the analysis of the commandments and attitudes of TaNaHa, the place assigned by Jewish teaching to various human institutions is examined in detail, and an answer is given to the question whether it is possible to preserve the integrity and identity of the people, without the binding and controlling role of the state. In the course of the study, a critical view of this religious and legal theory on the nature of man as a whole is stated, and the presence of recommendations, following which is intended to help correct the shortcomings inherent in humanity, which is «related» to Jewish creed with many other religious and ethical constructions. On the example of the teachings of Judaism, the patterns of the formation of ethical models of social mechanisms are analyzed – from more realistic in the form of a community and a state, to more complex, suggesting a high moral level that allows the community to do without a state apparatus of coercion. It is concluded that religious-traditional teachings can become an example of successful practices for the revival of national social solidarity. Since ethical institutions formulated in religious and legal concepts, taking into account the original characteristics of the peoples to whom they are addressed, the specifics of their traditions, can become the basis for improving the moral background of modern society. In addition, religious-legal theories, which have become the basis for the emergence of other religious teachings, have significant potential for borrowing and using their institutions and concepts in other legal systems, due to the universality of basic principles.