THE SEVEN LAWS OF NOAH OR NOVAK: AN ANALYSIS OF DAVID NOVAK’S ACCOUNTS OF NATURAL LAW

Abstract

This thesis identifies two accounts within David Novak’s Jewish natural law theory. In the earlier account, Novak locates natural law within the Noahide commandments; in the later account, he also locates it within the reasons for the commandments and rabbinic enactments. The change between these accounts is marked by a shift in his description of rationality. The norms of the Noahide code are originally described as known strictly by reference to themselves. As he begins grounding the norms in the imago Dei, that knowledge becomes dependent on a “cultural heritage,” by which Novak comes to mean an explanation based on a doctrine of creation. By comparing the original presentation of the later account with its more developed iteration and highlighting the features that are unique to the earlier and later accounts, it becomes possible to identify components of the later account that are added to his subsequent treatment of the Noahide code and facets of the earlier account that are later added to his discussion of the reasons for the commandments and rabbinic enactments. These efforts at reconciliation include the normative content incorporated into the later account, the metaphysical background added to the later treatment of the Noahide code, the mediating concept of personhood, the phenomenological retrieval of the Noahide commandments, and the argument for minimal and maximal claims. Finally, this thesis analyzes the relationship between Novak’s natural law theory and his view of redemption. Given that as Novak’s natural law theory becomes less dependent on reason and more heavily based on a doctrine of creation, his treatment of redemption changes from being associated with a period of greater human understanding to a time that is characterized by God’s accomplishments on humanity’s behalf, I argue that there is a parallel between those concepts. I then draw on that parallel to show that Novak’s natural law is compatible with, and perhaps inseparable from, his covenantal thought.