Declarations of Independence – Israel and the United States of America

Political comparisons are difficult and sometimes questionable. It is one thing to compare apples and oranges. It is another to compare cherries and potatoes. Do the two items being compared even belong to the same genus? However, whatever the difficulty in making comparisons, there are clear benefits. In this case, the very process of comparison shifts the ground away from making the American declaration the prototype and considering all other expressions of the same genus as either poorer imitations or outliers. Further, new and very different grounds may be used to justify independence. David Hume (about whom more later) in his 1746 volume, Of the Original Contract wrote that any group or people require a justificatory story and “a philosophical or speculative system of principles.” (40)

With an expanded set of explanatory-interpretive justifications, we become more open to both interpretive possibilities as well as limitations on our own thinking. We also see how common problems intermingled with very different ones offer deeper or, at the very least, alternative understandings of the two proclamations. Finally, assumptions built into the model considered to be paradigmatic suddenly can be openly questioned in light of very different justifications and rationales. We enter the arena of cross-cultural comparisons rather than a presumed derivation or deviation from a universal model.

The actual comparison will offer a test of these presumptions.

A minor but important consideration requires attending to what is being compared. In Israel, the only issue is one of an adequate translation into English of the declaration since that is the language being used for comparison. There is only one authentic document. However, in the U.S., there is the 7 June 1776 version introduced at the Second Continental Congress by Richard Henry Lee. Then there is the revised version (the Dunlap copy) introduced on 4 July 1776 which has a different title (“In Congress July 4, 1776, A Declaration by the Representatives of the United States of America in General Congress Assembled.”) than the “final” official version of 19 July, if only because of the inclusion in the latter of New York State as a signatory, and the declaration of the status of the document as unanimous. (“The unanimous Declaration of the thirteen united States of America“) However, the changes from the original to the revered copy are not central to my comparative analysis.

The latter issue, however, focuses on the authors of the proclamation as pre-eminent in the U.S. declaration. The authors are presumed to be political entities that have come together to a) become sovereign and b) become independent of the state which had been sovereign. However, the latter is secondary, as we shall see. The primary declaration is about the sovereignty of a people. The document only later was referred to as a declaration of independence as the war rather than political maneuvering became the main instrument for delivering that sovereignty.

So the opening sentence reads: “When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and Nature’s God entitle them, a decent respect for the opinions of mankind requires that they should declare the causes which impel them to the separation.” Note the following:

  1. The emphasis on necessity.
  2. The statement that the constituent members of the thirteen states are “one people,” thus declaring that, although the signatories are representatives of thirteen political entities, the proclamation is issued on behalf of “one people.” This will be crucial to the resistance of the north to a second secession in the American Civil War.
  3. The emphasis is on “dissolution” of existing political ties.
  4. The result will be a single sovereign state equal to others that exist on Earth.
  5. The entitlement is seen as twofold: Natural Law and Nature’s God (my italics); (I will deal with this in more detail in the next blog).
  6. The importance of justification for the act of separation.

Compare the above to the opening paragraph of the Israeli declaration of independence. “ARETZ-ISRAEL [(Hebrew) – the Land of Israel, Palestine] was the birthplace of the Jewish people. Here their spiritual, religious and political identity was shaped. Here they first attained statehood, created cultural values of national and universal significance and gave to the world the eternal Book of Books.”

The U.S. declaration begins with “one people.” The Israeli declaration begins with the land of Israel. There is no claim that the land in North America was the birthplace of the “one people” on behalf of whom the declaration was issued. In history, rather, there was a presumption that the birthplace of the people was Britain and that these were Brits largely of Scottish-Irish (northern and Protestant) descent who were declaring themselves to be one people as a distinct political nation from the Tory High Anglican character of their motherland. Of the 56 who signed, 16 were Welsh. Although individuals ratified the document on behalf of states, 8 were Irish American Orangemen, 3 born in Ireland; all of the Irish officially signed the document together on 2 August 1776. At least 9 were of Scottish origin. In a speech, George W. Bush even traced the roots of the U.S. Declaration of Independence to the 1320 Scots’ Declaration of Arbroath arguing for Scotland’s freedom from England. Thus, over half had Celtic heritage.

More importantly, their intellectual heritage was Scottish. The heritage of the Scottish Enlightenment had perhaps the greatest influence on the American Declaration of Independence. Though Thomas Jefferson, who drafted the first version, was of mixed French and Irish ancestry, he is not included among the Celts, but he openly acknowledged that John Locke had been the greatest influence on his thinking. I well remember giving a lecture at the University of Edinburgh with portraits of John Locke, Adam Smith and David Hume on the walls. The era of the Scottish Enlightenment following the Dutch one was the portal to the modern world and one must stand in humility beneath those portraits.

Locke in the Second Treatise on Civil Government had set forth the thesis that all men are born equal with natural rights, rights which enabled them to determine whom they would bind with to form a people. A nation, therefore, was a construct itself of the self-determination of individuals who entered a social contract for mutual defense and benefit. David Hume, who died in the same year as the U.S. Declaration of Independence was signed, argued that, although justification required citing history and general principles, the primary motivation for action was passion or sentiment. “Reason is, and ought only to be, the slave of the passions, and can never pretend to any other office than to serve and obey them.” (Treatise of Human Nature, II, iii, 1740) This would serve as a subversive strain in the American character given a scientific rationale through the recent works of Daniel Kahneman, Amos Tversky and George Lakoff.

John Locke, however, offered the dominant prescription for a government of, by and for the people. On very different grounds, both he and David Hume detested the Tory thesis of the divine right of kings and the pre-eminent sovereignty of the monarch which forbad revolution against the king. However, they offered a very different ground for the formation of a nation. Whatever differences over the motivation for a social contract, both agreed that a social contract was a foundation for the legitimacy of a state.

Not so in Israel. The people were formed by a land and a history rooted in a great historical document, the Torah of the Jews. Their identity was not constituted by a contract of self-interested individuals to ensure the security and happiness of those Jews, but by that history and the formation of their ancient state that shaped their culture. Though not derived from alleged universal principles and more akin to the moral sentiment espoused by David Hume, the Israeli declaration made the claim that the Jewish culture had a universal significance.

There is no foundation in logical or natural necessity for the Israeli proclamation. The declaration of independence did not constitute Jews as a people; peoplehood preceded the declaration of the State of Israel of 1948 or even the Israel of ancient history. The emphasis is not on dissolution of existing ties, but on re-constituting ancient ties both to the land and one another. Thus, the emphasis in the second paragraph on exile and return and restoration. However, the same idea of freedom forges a link between the two declarations which may go back to the days when the members of the Dutch Enlightenment (Hugo Grotius for example) had such an enormous influence on the Scottish Enlightenment since the Dutchmen justified the separation of the Netherlands from Spain, knew Hebrew and used the history of the Jewish people, adapted for Dutch purposes to justify the separate but equal status of the Netherlands.

The Israeli document bears the sweet scent, not of equality among nations, but about historical leadership by the People of the Book. They shall be a light among the nations. Finally, two-thirds of the American document focuses on tales of oppression and absence of recognition, whereas the Israeli document cites the worst type of oppression, genocide, but, more importantly, a history of recognition from the British (the Balfour Declaration), League of Nations and United Nations rulings. The Israeli state is rooted more in the international law of Hugo Grotius than in the social contract theories of John Locke and David Hume.

The traditional attachment, however, is vintage Hume. Further, the nation preceded the state and was not constituted by a social contract forming the state. The authors of the proclamation are not representatives of existing states seeking sovereignty, but of a nation seeking to reclaim its sovereignty. Thus, though referred to as the key document behind Israel’s Independence Day, the document does not seem to be about independence. The primary declaration of the American Declaration of Independence is about the formation of a sovereign people; the primary declaration of the Israeli Declaration of Independence is about the pre-existing sovereignty of a people.

With the help of Alex Zisman

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Declaring Independence – An Introduction

This week, Raúl Castro at the age of 86 finally transferred his position as President of Cuba to a non-Castro successor, 57 year-old Miguel Díaz-Canel, if even in name only. He did not transfer political power at the same time, for he retained control over the Communist Party of Cuba. This was not the longed-for political step towards liberalization. A year ago, Castro had declared that, “Cuba and the United States can cooperate and live side by side, respecting their differences, but no one should expect that for this, one should have to make concessions inherent to one’s sovereignty and independence.”

In declaring independence, what characteristics are inherent to sovereignty and independence upon which there can be no concessions? By focusing on those, one can tease out much more precisely what national leaders mean when they declare their sovereign independence. Many countries have made such declarations – Norway did so from Sweden in 1814 by convening a constituent assembly, though Sweden took until 1905 to fully recognize that independence; on 17 July 1992, the Slovak parliament adopted its Declaration of Independence of the Slovak nation from the Czechs. Those two were “velvet” separations. In Sudan, on 9 July 2011 in Juba, South Sudan declared its independence from Sudan after a long war that began in 1955. A host of other colonies declared independence from the imperial powers that previously held ultimate power over their people and territory also after long, protracted wars.

I concentrate on the Declarations of Independence of Israel because yesterday was Yom Haatzmaut 5778 when Israel celebrated 70 years since it declared independence. The document is also unique and distinctive in several ways. I also focus on the Declaration of Independence of the United States because it is seen by most observers to be a prototype for such declarations. Further, if you try to look up declarations of independence on Google, the first dozens of references will be to the U.S. as if the generic can be equated with a specific example of one species.

A declaration is a formal announcement to proclaim either what you contend you have or what you aspire to have, in this case, absolute and ultimate sovereignty over a people and its land. Helpfully, the Israeli Declaration of Independence is a written document. So is that of the American declaration. Even though the circumstances were radically different, the two documents can be used to gain insight into the reasons the declaration was made and the historical conditions that propelled such a declaration. More importantly for me, the philosophical and political presumptions are built into the proclamations.

The first thing to note about the Israeli document issued on 14 May 1948 is that it is not a declaration of independence from but a declaration of the establishment of the State of Israel. Second, the document is significant as much for the recognition granted to the status claimed by the proclamation within a few minutes by the United States of America, and, within three days by the USSR.

Except for a minor postscript that follows, this morning I simply want to put before you the document so that you can read it. The analysis will follow in the next few blogs.

ARETZ-ISRAEL [(Hebrew) – the Land of Israel, Palestine] was the birthplace of the Jewish people. Here their spiritual, religious and political identity was shaped. Here they first attained to statehood, created cultural values of national and universal significance and gave to the world the eternal Book of Books.

After being forcibly exiled from their land, the people kept faith with it throughout their Dispersion and never ceased to pray and hope for their return to it and for the restoration in it of their political freedom.

Impelled by this historic and traditional attachment, Jews strove in every successive generation to re-establish themselves in their ancient homeland. In recent decades they returned in their masses. Pioneers, ma’pilim [(Hebrew) – immigrants coming to Eretz-Israel in defiance of restrictive legislation] and defenders, they made deserts bloom, revived the Hebrew language, built villages and towns, and created a thriving community controlling its own economy and culture, loving peace but knowing how to defend itself, bringing the blessings of progress to all the country’s inhabitants, and aspiring towards independent nationhood.

In the year 5657 (1897), at the summons of the spiritual father of the Jewish State, Theodore Herzl, the First Zionist Congress convened and proclaimed the right of the Jewish people to national rebirth in its own country.

This right was recognized in the Balfour Declaration of the 2nd November, 1917, and re-affirmed in the Mandate of the League of Nations which, in particular, gave international sanction to the historic connection between the Jewish people and Eretz-Israel and to the right of the Jewish people to rebuild its National Home.

The catastrophe which recently befell the Jewish people – the massacre of millions of Jews in Europe – was another clear demonstration of the urgency of solving the problem of its homelessness by re-establishing in Eretz-Israel the Jewish State, which would open the gates of the homeland wide to every Jew and confer upon the Jewish people the status of a fully privileged member of the comity of nations.

Survivors of the Nazi holocaust in Europe, as well as Jews from other parts of the world, continued to migrate to Eretz-Israel, undaunted by difficulties, restrictions and dangers, and never ceased to assert their right to a life of dignity, freedom and honest toil in their national homeland.

In the Second World War, the Jewish community of this country contributed its full share to the struggle of the freedom- and peace-loving nations against the forces of Nazi wickedness and, by the blood of its soldiers and its war effort, gained the right to be reckoned among the peoples who founded the United Nations.

On the 29th November, 1947, the United Nations General Assembly passed a resolution calling for the establishment of a Jewish State in Eretz-Israel; the General Assembly required the inhabitants of Eretz-Israel to take such steps as were necessary on their part for the implementation of that resolution. This recognition by the United Nations of the right of the Jewish people to establish their State is irrevocable.

This right is the natural right of the Jewish people to be masters of their own fate, like all other nations, in their own sovereign State.

ACCORDINGLY WE, MEMBERS OF THE PEOPLE’S COUNCIL, REPRESENTATIVES OF THE JEWISH COMMUNITY OF ERETZ-ISRAEL AND OF THE ZIONIST MOVEMENT, ARE HERE ASSEMBLED ON THE DAY OF THE TERMINATION OF THE BRITISH MANDATE OVER ERETZ-ISRAEL AND, BY VIRTUE OF OUR NATURAL AND HISTORIC RIGHT AND ON THE STRENGTH OF THE RESOLUTION OF THE UNITED NATIONS GENERAL ASSEMBLY, HEREBY DECLARE THE ESTABLISHMENT OF A JEWISH STATE IN ERETZ-ISRAEL, TO BE KNOWN AS THE STATE OF ISRAEL.

WE DECLARE that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948, the People’s Council shall act as a Provisional Council of State, and its executive organ, the People’s Administration, shall be the Provisional Government of the Jewish State, to be called “Israel”.

THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.

THE STATE OF ISRAEL is prepared to cooperate with the agencies and representatives of the United Nations in implementing the resolution of the General Assembly of the 29th November, 1947, and will take steps to bring about the economic union of the whole of Eretz-Israel.

WE APPEAL to the United Nations to assist the Jewish people in the building-up of its State and to receive the State of Israel into the comity of nations.

WE APPEAL – in the very midst of the onslaught launched against us now for months – to the Arab inhabitants of the State of Israel to preserve peace and participate in the upbuilding of the State on the basis of full and equal citizenship and due representation in all its provisional and permanent institutions.

WE EXTEND our hand to all neighbouring states and their peoples in an offer of peace and good neighbourliness, and appeal to them to establish bonds of cooperation and mutual help with the sovereign Jewish people settled in its own land. The State of Israel is prepared to do its share in a common effort for the advancement of the entire Middle East.

WE APPEAL to the Jewish people throughout the Diaspora to rally round the Jews of Eretz-Israel in the tasks of immigration and upbuilding and to stand by them in the great struggle for the realization of the age-old dream – the redemption of Israel.

PLACING OUR TRUST IN THE “ROCK OF ISRAEL”, WE AFFIX OUR SIGNATURES TO THIS PROCLAMATION AT THIS SESSION OF THE PROVISIONAL COUNCIL OF STATE, ON THE SOIL OF THE HOMELAND, IN THE CITY OF TEL-AVIV, ON THIS SABBATH EVE, THE 5TH DAY OF IYAR, 5708 (14TH MAY,1948).

David Ben-Gurion

Daniel Auster
Mordekhai Bentov
Yitzchak Ben Zvi
Eliyahu Berligne
Fritz Bernstein
Rabbi Wolf Gold
Meir Grabovsky
Yitzchak Gruenbaum
Dr. Abraham Granovsky
Eliyahu Dobkin
Meir Wilner-Kovner
Zerach Wahrhaftig
Herzl Vardi
Rachel Cohen
Rabbi Kalman Kahana
Saadia Kobashi
Rabbi Yitzchak Meir Levin
Meir David Loewenstein
Zvi Luria
Golda Myerson
Nachum Nir
Zvi Segal
Rabbi Yehuda Leib Hacohen Fishman
David Zvi Pinkas
Aharon Zisling
Moshe Kolodny
Eliezer Kaplan
Abraham Katznelson
Felix Rosenblueth
David Remez
Berl Repetur
Mordekhai Shattner
Ben Zion Sternberg
Bekhor Shitreet
Moshe Shapira
Moshe Shertok

* Published in the Official Gazette, No. 1 of the 5th, Iyar, 5708 (14th May, 1948).

 

A Minor Postscript.

 

On the very day that Canadian Foreign Minister Chrystia Freeland made her second trip to Washington to meet with her U.S. and Mexican counterparts over NAFTA, and Finance Minister Bill Morneau was in that same capital city to attend a working dinner of the finance ministers and bank governors of the G20 at  IMF headquarters, is Canada recognized as an independent sovereign nation by the U.S. when Canada must continually negotiate its economic interdependence and, more specifically, when even an esteemed, and justly so, venerable newspaper like The Washington Post cannot spell the capital of Canada correctly? (You – meaning me – should complain, you who miss typos all the time!) From today’s paper: “As the United Nations urges Canada to do more to help its “peacekeeping” mission in Mali, a piece in The Globe and Mail says Ottowa (sic!) needs to get more specific before it ramps up its efforts.” Perhaps Major-General Lewis MacKenzie (retired), who wrote the redacted article, should be blamed for he failed to use the name of the capital of Canada, and, by implication, identify the country with the shenanigans of its capital city.

 

With the help of Alex Zisman