Torture, Terrorism, and the Halakhah 29

proclaims as its ideal. It is only within the context of this narrative, which reminds the Israeli public of the deep commitments that characterize the nature of their polity, that Barak can hope to convince them that they have no choice but to accept the Court ’s ruling and its potentially grim implications. It cannot be too heavily emphasized, therefore, that the narrative is vital to the success and purpose of the opinion. It may be“dicta,” but it is no less law for that.

In the same way, Professor Warhaftig’s“ideological difference” is a contrast narrative:“we are not like them.” In this case,“we” are the Jewish people, at least that segment of the Jewish people that is faithful to its ancient heritage, and“they” are the representatives of the modern Western world, who assume that their culture is moral superiority to one based upon traditional religious values. They have it all wrong; our culture is in fact morally superior to theirs. Theirs is a universe devoid of objective value, in which good and evil have no substantive existence, in which the highest calling is the satisfaction of one’s own desires, while we live a life defined by clear standards of right and wrong in which our actions are governed by duty. The centrality of duty in the Jewish conception of morality enables Warhaftig to argue for the acceptability of torture, not only in the case of the“ticking time bomb” but even when the suspect is not truly a rodef. This, on its surface, is a difficult point for him to“sell” to his intended audience, among whom are any number of“modern” or“centrist” Orthodox readers who would presumably be disturbed at the specter of police powers normally associated with brutal totalitarian regimes. In order to succeed in his rhetorical purpose, he must galvanize them around the“higher aspirations” of Jewish tradition, especially its primary emphasis upon duty to others over the rights of the individual. We begin our moral thinking from that perspective; the moral life is possible only within a web of values based upon obligation. My overriding duty is to observe God ’s commandments, among which is the responsibility to save the life of one who is in danger. I have no“right” to refrain from that duty; accordingly, the community is empowered to coerce me by whatever means necessary into performing it. The halakhic permit of physical torture, which on its face would seem to violate the most elemental standards of human dignity, is in fact evidence of the Jewish tradition’s moral superiority over Western culture. The point, of course, is that the narrative is absolutely central to Warhaftig’s purpose. It is only on the basis of this narrative of contrast that he is able to construct a credible halakhic argument for torture. It is only when we tell this story about