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JOURNAL

A REFORM JEWISH QUARTERLY

Fall, 1999

Published by the Central Conference of America Rabbis

KASHRUT AND AUTONOMY

Alan Henkin

Autonomy has been the battle cry of Reform Judaism since the inception of our movement, for a good reason: it is the philosophical tool we used to relieve ourselves of the traditional understanding of a binding, obligatory mitzvah system, many of whose components were uncongenial to modern living. Autonomy as an important modern moral category is usually ascribed to the German philosopher Immanuel Kant (1724–1804). His locus classicus on the subject is his short but eloquent Groundwork for the Metaphysic of Morals, published in 1785.

            According to Kant, any system of right or wrong imposed on an individual from the outside cannot be deemed moral or ethical because freedom must be a condition of morality.1 Moreover, in order for a duty to truly obligate a moral agent, that person must think through the duty to the point of willing it to be a universal obligation.2 Kant formulated all this in his famous categorical imperative: “Act only on that maxim through which you can at the same time will that it should become a universal law.” 3 Nowadays this is known as the principle of universalizability. 4 Moral principles and rules must be knowable in theory universally. To be sure, autonomy can have many different meanings, such as self-governance, spontaneity, authenticity, and rational obedience. 5 For the purpose of this essay I will follow Kenneth Seeskin’s view of autonomy because it stays close to Kant’s: “An action is autonomous if the maxim one imposes on oneself conforms to an objective, universal law.” 6

            Revealed morality, by definition, is not universally knowable. Only the recipient of the revelation, like the Israelites at Sinai, knows the content of revealed morality; therefore it cannot be universalizable, and cannot be moral on Kantian terms. Any heteronomous system, that is, any behavior system whose origin is outside the moral agent, like the mitzvah system, is ipso facto nonmoral. It may be legal, constitutional, conventional, but not moral. The issue of autonomy cuts to the heart of the mitzvah system: either we do mitzvot because God commands them in some way (in which case the mitzvot cannot be moral by Kant’s definition) or we do mitzvot because they are morally right (in which case their divine origin is irrelevant to their rightness). This is the dilemma Kant’s theory of autonomy presented and continues to present to Judaism.

            Kant exercised considerable influence on eighteenth- and nineteenth-century liberal German Jews through such thinkers as Solomon Maimon, Lazarus Bendavid, and Solomon Steinheim. Kant’s impact on liberal Judaism was magnified by the late-

nineteenth-century neo-Kantian revival of Hermann Cohen and Ernst Cassirer. Thus the founders of Reform Judaism in the early- and mid-nineteenth century operated in an environment saturated with Kantian philosophical thought. They appreciated his understanding of religion as, essentially, a system of ethics.

            The early Reformers began to apply the principle of autonomy to Judaism. If the individual Jew cannot accept a mitzvah as right, that is, cannot self-appropriate or self-legislate a mitzvah as right for him or her, then it must be rejected as non-moral, if not immoral, and not obligatory. Sometimes autonomy was discussed in terms of individual conscience, but it all came down to the same thing: tradition cannot command a Jew; only a Jew can freely command himself or herself. Thus autonomy provided a very powerful intellectual tool, coincident with Jews’ emancipation into the modern world.

            Radical reformer Samuel Holdheim (1806–1860) illustrated the embrace of autonomy in the extreme. Michael Meyer has argued that Holdheim’s intellectual career may be characterized as a search for religious authority. 7 “Authority lay not in the texts at all, but in reason and conscience.”8  In 1847 Holdheim wrote, “Conscience is that indubitable revelation of religion to which Judaism attaches its teaching. . . .  Every revelation must be verified by the inner voice of conscience. Reason not only has a weighty say in [individual] matters of religion, rather it is the most certain touchstone of everything that is taught in the name of religion.” 9  While few Reformers went so far as Holdheim in his assertion of Kantian autonomy, Kant’s ethic of self-legislation has permeated the early movement.

            In recent years, among Reform Jewish thinkers, Eugene Borowitz has devoted the most energy to the issue of autonomy. Chairing the CCAR’s Centenary Perspective Committee, Borowitz helped to shape the San Francisco Platform of 1976 to emphasize the role of autonomy in Reform Jewish life:

Reform Jews respond to change in various ways according to the Reform principle of the autonomy of the individual. . . . Within each area of Jewish observance Reform Jews are called upon to confront the claims of Jewish tradition, however differently perceived, and to exercise their individual autonomy, choosing and creating on the basis of commitment and knowledge.10

In such writings as “The Autonomous Jewish Self,”11  “Autonomy and Community,”12 and Renewing the Covenant,13  he has argued for a highly nuanced understanding of autonomy, in which the freedom of the individual Jew is balanced against the demands of covenant and community. Drawing largely upon Buberian categories, Borowitz holds that the self must be conceived as both individual and social at the same time. Thus he writes, “[K]nowing that my selfhood is indissolubly involved with God and the Jewish people means that my sense of Jewish duty now comes with God’s presence behind it and as part of what I must do as part of the people covenanted to God, albeit interpreted through my specific individuality.” 14

We in the 1990s are postmodernists, whether we like it or not. Partly that means that we are acutely aware of our own historical situatedness, as well as the historical situatedness of all people and all thought systems. It is ironic to note that at the same time that Kant was writing, the areas of central and western Europe were experiencing the diminution of royalty, the emergence of bourgeois culture, and the rise of early capitalism. In other words, politically, economically, and socially the individual emerged as the focus of cultural power, at the same time that Kant was creating a philosophical system of morality which also located all power in the individual over and against the church and the state. In other words, this thing we call autonomy is a piece of ideology, not philosophy. It is a thought system in defense of a particular social order. Autonomy is not an absolute truth, contrary to what most of modern philosophy has said. 15

And if you don’t believe that the ethic of autonomy is suspect on these grounds of intellectual history, take a lesson from analytic philosophy. In analytic philosophy, any time a proposition creates linguistic problems, there must also be logical and ontological problems as well. Take this proposition: “Haim ought to be autonomous.” That is a paradox: I am placing a heteronomous judgment on Haim. Theoretically, only Haim can say “Haim ought to be autonomous.” For me to say “Haim ought to be autonomous” is a self-contradiction. In imposing autonomy on Haim, I am violating his autonomy. 16

            Or take this proposition: “Haim chooses not to be autonomous.” This catches us in another paradox: in choosing not to be autonomous, Haim is exercising his autonomy. All of this is to demonstrate that this simple philosophical truth of autonomy, upon which Reform Judaism has staked so much, isn’t so straightforwardly truthful after all. 17

            Many other difficulties are embedded in this notion of autonomy. Let me focus on one more as it pertains to kashrut. Let’s say I make this statement: “I promise to meet Haim tomorrow for lunch.” In so saying, I sacrifice my autonomy. I give up my freedom in order to meet Haim for lunch tomorrow. I am no longer free to do what I want at lunchtime tomorrow. Indeed, most of our lives are made up of commitments, loyalties, communities, and traditions, and they necessarily restrict our freedom. That is, autonomy is inconsistent with very important acts of human living. Really, were we to insist on autonomy now and always, we would strip ourselves of the most basic, fulfilling, and important facets of our lives––our marriages and friendships, our jobs and our affiliations, our beliefs and our communities. 18

            This brings us to kashrut and Reform Judaism. People are not born into nothing. “Nobody begins everything anew; each generation relies on what has been accumulated, in theory as well as in practice, by former generations.” 19  We are born into a family, a community, a culture, and a tradition. These inheritances of ours do a lot of good work for us before we get here. They give us holidays, modes of behavior, and ways even to eat. These are not bad things. Thank God no new child has to reinvent culture. We are spared having to repeat mistakes of our ancestors and we are given the building blocks of creating new forms. Even subscription to the notion of autonomy can take place only within the context of a tradition. In philosophical circles, autonomy can occur only within a philosophical tradition that teaches the rightness of autonomy; in other words, the truth of autonomy is partially heteronomous. Community––philosophical, religious, political––always constitutes obstacles to autonomy, or, more exactly, community provides the boundaries in which autonomy can be selectively exercised.

            Here is the dilemma in terms of kashrut and autonomy. In choosing between keeping kashrut and not keeping kashrut the individual Jew is not choosing between Jewish dietary rules and his or her own freely invented rules. Rather, the Jew is choosing between competing heteronomous systems of eating. If an individual Jew decides not to keep kashrut, then whose system of eating rules will he or she follow? In American society we enjoy a variety of systems to choose among, but they all share common, baseline rules that are codified in public health regulations. These include, for example, prohibitions on the meat of dogs, horses, rats, and human beings. Ultimately a person’s selection of eating systems is not freely chosen. These decisions are shaped by a complex matrix of heteronomous, social rules about eating.

            In other words, to my way of thinking, the claim that calling upon Reform Jews to keep kashrut is a violation of their autonomy is foolish. When it comes to eating, we are choosing within competing rule-systems about food. Autonomy is irrelevant. The proper question is: Which community’s rules about eating do you wish to accept?


Notes

1. Immanuel Kant, Groundwork for the Metaphysic of Morals. Trans. by H. J. Paton (New York: Harper and Row, 1964), pp. 99–100.

2. Ibid., 98–99.

3. Ibid., 88.

4. William Frankena, Ethics (Englewood Cliffs, NJ: Prentice-Hall, Inc., 1973), p. 25.

5. Kenneth Seeskin, “Autonomy and Jewish Thought,” in Daniel Frank (ed.), Autonomy and Judaism (Albany, NY: State University of New York, 1992), p. 21. See also Gerald Dworkin, The Theory and Practice of Autonomy (Cambridge: Cambridge University Press, 1988), pp. 34–47.

6. Ibid.

7. Michael Meyer, Response to Modernity, A History of the Reform Movement in Judaism (New York: Oxford University Press, 1988), p. 81.

8. Ibid.

9. Quoted in Meyer, p. 413, note 70.

10. Meyer, pp. 392–393.

11. Eugene Borowitz, “The Autonomous Jewish Self,” Modern Judaism, vol. 4 (1984), pp. 39–55.

12. Eugene Borowitz, “Autonomy and Community,” in Frank (ed.), Autonomy and Judaism, pp. 9–20.

13. Eugene Borowitz, Renewing the Covenant (Philadelphia, PA: Jewish Publication Society, 1991), especially chapter 12, “The Social Side of Self-hood,” pp. 170–181.

14. Borowitz, “Autonomy and Community,” p. 20.

15. Postmodern ethics has as its hallmark “post-autonomy.” See Susan E. Shaprio’s rumination on Emmanuel Levinas’s ethical category of the heteronomous Other in her “Toward a Postmodern Judaism: A Response,” pp. 85–86, in Steven Kepnes, Peter Ochs and Robert Gibbs (eds.), Reason after Revelation: Dialogues in Postmodern Jewish Philosophy (Boulder, CO: Westview Press, 1998).

16. Dworkin, p. 39.

17. Ibid.

18. Dworkin, pp. 21–33.

19. Ze’ev Levy, “Tradition, Heritage and Autonomy in Modern Jewish Thought,” in Frank, Autonomy and Judaism, p. 41.


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