view,“communitarianism,” is not“liberal” in Sandel ’s formulation. I apply the concept“liberal” more broadly to cover both approaches; thus, one might be a “libertarian liberal” or a“communitarian liberal.”
58. For a powerful statement of this view see Isaiah Berlin ,“Two Concepts of Liberty,” in his Four Essays on Liberty(Oxford : Oxford University Press , 1969), 118-172.
59. See especially Alisdair MacIntyre , After Virtue(Notre Dame: University of Notre Dame Press, 1981), 222:“A living tradition then is an historically extended, socially embodied argument, and an argument precisely in part about the goods which constitute that tradition.”
60. For the sake of illustration, see the comment of Nachmanides (Ramban) to Deuteronomy 17:11,“do not deviate from the word that they[i.e., the supreme judicial authorities] tell you, neither to the right nor to the left.” A frequent interpretation of the passage suggests that the duty to hearken to the judges’ ruling applies“even should they tell you that the right(hand) is the left and the left is the right”(Sifre Deuteronomy, ch. 154 and Rashi to Deut. 17:11— but compare Y. Horayot 45d, and see Torah Temimah to Deut. 17, n. 62). The penalty for public dissent from the judges’ decision is death. Ramban explains the necessity for such a rule of strict obedience: namely, the need for uniformity of interpretation in the law. As for the obvious objection that the judges might be mistaken in their decision and, perhaps, condemn an innocent person to death, Ramban replies that since God ’s love will never forsake those who serve Him,“they will be preserved from error”(cf. Ps. 37:28). Shall we say the same for the appointed judges of our own day, let alone the security officials who would not be required to consult with judges prior to torturing a terrorist suspect?
61.“Commission of Inquiry Into the Methods of Investigation of the General Security Service Regarding Hostile Terrorist Activity,” excerpted in Israel Law Review 23(1989), 146-188. The citation is at 184.
62. Yitzchak Zamir,“Human Rights and National Security,” Israel Law Review 23 (1989), 375-406. The citation is at 379-380.
63. Mordecai Kremnitzer,“The Landau Commission Report: Was the Security Service Subordinated to the Law, of the Law to the Needs of the Security Service?” Israel Law Review 23(1989), 216-279. The passage cited is at 263- 264.
64. Sanford Kadish,“Torture , the State, and the Individual,” Israel Law Review 23 (1989), 345-356. The citation is at 352.
65. S. Z. Feller,“Not Actual‘Necessity’ But Possible‘Justification’,” Israel Law Review 23(1989), 201-215. The citation is at 213.
66. Indeed, several of the articles in volume 23 of the Israel Law Review devoted to the subject are supportive of the Commission’s recommendations.