Partnership: Private Law and Political Theory in Rabbinic Laws of Neighbors

Abstract:This essay offers a reading of early rabbinic laws of neighbors and reconstructs a distinctive political theory with a "partnership" concept at its heart. The thesis presented here begins with the idea that for the early rabbis, there is a form of partnership that arises spontaneously—i.e., with no need for agreement or contract—between people who live in close vicinity. In this way, individual neighbors become partners in spaces, objects, and structures situated between their private properties, and the people of the city become partners in all public matters and assets. Private-law reasoning serves the rabbis to theorize the life of the city as a whole. A major implication of this theory is that ultimate political authority lies in the hands of the people of the city, not in those of potential affluent or religious leaders. The people of the city rule the city because it is theirs in partnership. This civic theory, it is proposed, should be read in the intellectual context of Roman political thought. The rabbis are shown to exploit the gap between the views of Cicero and the Roman jurists about the city and to produce a political theory beneficial to provincial cities that would be recognizable to Roman intellectuals of their time. The people of the city, therefore, rule as equals among themselves and as autonomous vis-à-vis external imperial power. Reading the early civil legal principles in this way serves to expand the canon of Jewish political thought.