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(South-Western Cengage Learning, 2012), 3rd edition. His work has been published
in a range of journals, including Academy of Management Review, Academy of
Management Journal, Administrative Science Quarterly, Strategic Management
Journal, Academy of Management Executive, Journal of Management, Journal
of Management Studies, Decision Sciences, Human Relations, Strategic Entrepreneur-
ship Journal, British Journal of Management, Journal of Business Venturing, and
Entrepreneurship: Theory & Practice. Working with colleagues, he has served as
a guest editor for special issues of Academy of Management Review, Academy of
Management Executive, Strategic Management Journal, Journal of Business Ventur-
ing, Organizational Research Methods, and Journal of Engineering and Technology
Management. He has also served in various editorial capacities including terms as a
member of the editorial review boards for Academy of Management Review, Academy
of Management Journal, Academy of Management Executive, Journal of Manage-
ment, Journal of Business Venturing, and Entrepreneurship: Theory & Practice.
He recently completed a term as editor of the Academy of Management Journal.
Currently, he is the vice president of the Academy of Management.
He received the 1999 award for Outstanding Intellectual Contribution to
Competitiveness Research from the American Society for Competitiveness. He is a
Fellow of the Academy of Management and a Fellow of the Strategic Management
Society. Two of his papers received Best Paper awards from Academy of Management
Journal (2000) and Academy of Management Executive (1999).
JEFFREY S. HARRISON
Jeffrey S. Harrison is the W. David Robbins Chair of Strategic Management in the
Robins School of Business at the University of Richmond. Prior to his current
appointment, he served as the Fred G. Peelen Professor of Global Hospitality Strategy
at Cornell University. He now serves or has served on the editorial review boards
of Strategic Management Journal, Academy of Management Journal, and Academy
of Management Executive.
Dr. Harrison’s research interests include strategic management and business
ethics, with particular expertise in the areas of mergers and acquisitions, diversifica-
tion, strategic alliances, and stakeholder management. Much of his work has been
published in prestigious academic journals such as Academy of Management
Journal, Strategic Management Journal, and Journal of Business Ethics. He has
authored or co-authored numerous books, including Foundations of Strategic
Management, (South-Western Cengage Learning, 2014) 6th edition, Strategic
Management of Organizations and Stakeholders, (Wiley, 2003), Stakeholder Theory:
The State of the Art, (Cambridge University Press, 2010), and Mergers and Acquisi-
tions: A Guide to Creating Value for Stakeholders, (Oxford University Press, 2001).
Dr. Harrison helped organize the Stakeholder Strategy Interest Group at the
Strategic Management Society and has served in a variety of leadership roles in that
group. He has also provided consulting and executive training services to many
companies on a wide range of strategic, entrepreneurial, and other business issues.
Glossary 405
Name Index 413
Company Index 440
Subject Index 443
vii
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CONTENTS
Preface xvii
ix
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Determine and Communicate Strategic Direction 54
Oversee Formulation and Implementation of Specific Strategies 57
Establish Balanced Controls 58
Summary 60
Ethics Questions 62
x CONTENTS
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Resources, Capabilities, and Core Competencies 112
Resources 112
Capabilities 115
Core Competencies 116
Building Core Competencies 118
Four Criteria of Sustainable Competitive Advantage 118
Value Chain Analysis 121
Outsourcing 125
When Core Competencies Lose Their Value 126
Firm Performance 126
Stakeholder Objectives and Power 127
Measures of Firm Performance 128
Balancing Stakeholder Performance 131
Sustainable Development 131
Summary 133
Ethics Questions 134
CONTENTS xi
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Summary 166
Ethics Questions 168
xii CONTENTS
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eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional
content at any time if subsequent rights restrictions require it.
Competitive Risks of Cooperative Strategies 214
Implementing and Managing Cooperative Strategies 216
Summary 218
Ethics Questions 219
CONTENTS xiii
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eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional
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Problems in Achieving Acquisition Success 265
Integration Difficulties and an Inability to Achieve Synergy 266
Inadequate Evaluation of Target 267
Large or Extraordinary Debt 267
Too Much Diversification 268
Managers Too Focused on Acquisitions 269
Firm Becomes Too Large 269
Effective Acquisitions 270
Restructuring 272
Downsizing 272
Downscoping 273
Leveraged Buyouts 274
Outcomes from Restructuring 275
Summary 276
Ethics Questions 277
xiv CONTENTS
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Part 4: Monitoring and Creating Entrepreneurial
Opportunities 319
CHAPTER 11: CORPORATE GOVERNANCE 320
Separation of Ownership and Managerial Control 323
Agency Relationships 324
Product Diversification as an Example of an Agency Problem 325
Agency Costs and Governance Mechanisms 326
Ownership Concentration 328
Influence of Institutional Owners 329
Board of Directors 330
Board Effectiveness 332
Executive Compensation 333
The Effectiveness of Executive Compensation 334
Market for Corporate Control 335
Managerial Defense Tactics 337
International Corporate Governance 338
Corporate Governance in Germany 339
Corporate Governance in Japan 340
Global Corporate Governance 341
Governance Mechanisms, Stakeholder Management, and Ethical Behavior 341
Summary 342
Ethics Questions 344
CONTENTS xv
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CHAPTER 13: STRATEGIC FLEXIBILITY AND REAL OPTIONS ANALYSIS 372
Real Options Analysis 374
Types of Real Options 375
Purpose and Importance of Real Options Analysis 377
Value Drivers for Real Options 383
Valuation of Real Options 386
Implementation Requirements of Real Options 386
Summary 387
Ethics Questions 389
Appendix: Detailed Valuation Guidelines 389
Glossary 405
Name Index 413
Company Index 440
Subject Index 443
xvi CONTENTS
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PREFACE
xvii
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We also added a number of current examples in this chapter such as Amazon.com’s
introduction of the Kindle Fire to lead the market in e-book readers and to com-
pete with Apple’s iPad. We discuss the success of Ryanair’s cost leadership strategy
exemplified by its 10 percent increase in passengers to 72 million during the
economic recession in 2010. And we also used examples of major Asian companies
such as the Li Ning Company, the largest sporting goods manufacturer in China.
Chapter 6, focused on competitive dynamics, was updated with a number of
examples. For instance, the chapter discusses how FedEx and UPS compete across
several product markets, including package delivery by both land and air and the
increasing e-commerce segment. Johnson & Johnson’s recent competitive problems
associated with product quality are discussed. Innovation is an important tool
for remaining competitive; Cooper Tire is highly dependent on the replacement tire
market, and the chapter discusses how it relies on continuous innovation to remain
competitive.
A number of global examples are included in this edition as well. For instance,
Chapter 7, on cooperative strategy, contains an interesting new example of Ericson,
a global network management company with more than two hundred and fifty
million customers worldwide. This chapter also describes instances of firms joining
associations and consortia to deal with the green movement and sustainability
issues. Chapter 8 deals with corporate strategy. In this chapter, we add a number
of service industry examples along with the traditional manufacturing industry
cases. There are examples from Medifast and Catholic Health Initiatives as well as
the hospitality and real estate brokerages as diversified service firms. This chapter
also presents an example in the solar industry, which represents a continuing focus
on green strategies and sustainability. In Chapter 9, on acquisition strategy, we
added examples such as one dealing with Google’s acquisition of Motorola Mobility.
In addition, we include instances of large emerging economy firms pursuing devel-
oped economy acquisitions such as JBS, a Brazilian meat producer, making a
number of acquisitions in the United States. We also discuss Bristol-Myers
Squibb’s acquisition of hepatitis C drug producer Inhibitex.
Chapter 10, focused on international strategy, contains many new examples
and a significant updating of the literature. There are important discussions of
firms in many different countries including China, Mexico, India, and Russia. One
section includes an interesting discussion on an annual corruption index suggesting
the institutional risks companies face when entering foreign countries.
Chapter 11’s consideration of corporate governance introduces a number of
updates including information on recent regulations regarding proxy voting “say
on pay,” where large institutional investors have a vote on executive compensation
packages and can nominate board members for a proxy vote who support their
positions. We also provide updates on the Dodd-Frank regulation of the financial
industry which pertains to corporate governance. Ethical issues in corporate gover-
nance are examined, including the scandal associated with News Corp. mentioned
earlier, and how the executive leaders can improve organizational culture by the
way they govern the firm.
In Chapter 12 on strategic entrepreneurship, we include a discussion on Tim
Cook, Apple’s new CEO, and how he intends to maintain the strong culture com-
mitted to innovation that Steve Jobs created. Finally, in Chapter 13, we have
xviii PREFACE
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eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional
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updated the real options literature and provided associated examples that apply
this important decision-making tool.
We think that students will find the updates very useful conceptually. In addition,
the many application-oriented examples appearing throughout this third edition of
Competing for Advantage should prove instructive.
PREFACE xix
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Exploring the Variety of Random
Documents with Different Content
Israelites bitten by the fiery serpents by the sight of the brazen
image, and he cured Naaman’s leprosy by bathing in the waters of
Jordan. Whatever then be the means which He prescribes, our
highest wisdom is to make use of them. But as he has not prescribed
the means recommended by the Talmud, but forbidden them in his
general prohibition of magic, we must say that the man who uses
them has bid adieu to all true wisdom. No wonder, then, if his own
inventions are stamped with folly. But what will our readers think of
the cause of the canine madness here assigned? “Rav says, It
proceeds from the witches who are making their sport with him.
Samuel says, It is an evil spirit that rests upon him.” Rav believed,
then, that God, whose mercies are over all his works, allows wicked
women to torment his creatures, and to inflict upon them a dreadful
malady to make sport for themselves. Is this wise, is it according to
Scripture? This is the doctrine of the oral law; and if Jesus of
Nazareth had not protested against it, and taught a true doctrine by
asserting the truth of Scripture, this would be the universal doctrine
and practice of the Jews. Whoever believes the Talmud, must
believe in this and all the other follies which it contains. Whoever
rejects these things, confesses that the Talmud contains what is
false and foolish, and thereby shakes or rather overthrows its
authority. Some person will perhaps say that similar superstitions
and follies have been found amongst Christians. We grant that this
has been the case wherever Christians have departed from the
written Word of God, but can anything similar be found in the New
Testament? That book is our standard of Christianity. As you say that
the oral law is of divine authority, we say that the New Testament is
of divine authority. We point out to you these follies, not in individual
Jews, but in your book of authority. If you would make out a parallel
case, you must do the same. But you cannot. The New Testament
has nothing of the kind; and it is for you to explain how this happens
that the New Testament, which you believe to be false, is entirely
free from every thing of the kind.
Further, we ask every right-minded Israelite, whether he is not
shocked at that profanation of the reverend and holy names of God
which is here not only countenanced but prescribed. What can a
devout Jew think either of the man or the book that tells us to write
the names,
יה יה יהוה צבאות ׃
“Jah, Jah, the Lord of Hosts,” by the side of such nonsense as Kanti,
Kanti, Klurus? Would he say that this is consistent with true religion?
And yet this profane use of the name of God for magical purposes, is
not rare in the Talmud. The following is another instance:—
האי גלא דמטבע לספינה מיתחזי כי צוציתא, אמר רבה אשתעו לי נחותי ימא
דנורא חיוורתא ברישא ומחינן ליה באלוותא דחקיק עליה אהיה אשר אהיה יה ה׳
צבאות אמן אמן סלה ונייח אמר רבה אשתעו לי נחותי ימא בין גלא לגלא תלת
מאה פרסי זמנא חדא הוה אזלינן באורחא ודלינן גלא עד דחזינן בי מרבעתא
ואי דלינן טפי מקלינן, דכוכבא זוטא והויא בי מבזר ארבעין גריוי בזרא דחרדלא
ורמי ליה גלא קלא לחברתה חברתי שבקת מידי בעלמא דלא שטפתיה, מהבלי
דניתי אנא ונאבדיה א׳׳ל הזי גבורתא דמריך מלא חוטא חלא ולא עברי שנאמר
האותי לא תיראו נאום ה׳ אם מפני לא תחילו אשר שמתי חול גבול לים חק עולם
ולא יעברנהו ׃
“Rabbah says, They that go down to the sea have told me, that when
a wave is going to overwhelm a ship, sparks of white light are seen
on its head. But if we strike it with a staff on which are graved the
words, ‘I am that I am, Jah, Lord of Hosts, Amen, Amen, Selah,’ it
subsides. They that go down to the sea have told me, that the
distance between one wave and another, is three hundred miles. It
happened once that we were making a voyage, and we raised a
wave until we saw the resting-place of the least of all the stars. It
was large enough to sow forty bushels of mustard seed, and if we
had raised it more we should have been burned by the vapour of the
star. One wave raised its voice and called to its companion, O,
companion, hast thou left anything in the world that thou hast not
overflowed? Come, and let us destroy it. It replied, Come and see
the power of thy Lord. I could not overpass the sand even a hair’s-
breadth, for it is written, ‘Fear ye not me? saith the Lord: will ye not
tremble at my presence, which have placed the sand for the bound
of the sea, by a perpetual decree that it cannot pass it?’ (Jer. v. 22.)”
(Bava Bathra, fol. 73, col. 1.) Here is the same profanation of the
peculiar and holy names of God: it is to be engraved on a staff either
to lay or to raise the waves. But besides the profanity, just consider
the folly of this whole story. In the first place, it ascribes to men, no
matter whether they are good or wicked, absolute power over the
waves of the sea. Anybody can engrave those names of God upon a
staff, anybody can use the staff to strike the sea, and thus a wicked
man, without either faith, fear, or love of God, may make and use an
instrument which almost invests him with omnipotence. Is it possible
that any son of Israel can be so credulous as to believe such
manifest absurdity? But this story reminds us again of the utter
disregard of truth which characterises the Talmud. Here we are told
that, by power of this magic staff, a wave was raised so high as to
enable those travellers to see the resting-place of the smallest of all
the stars, and that so distinctly, too, as to be able to make a good
guess at its measure. The slightest knowledge of modern astronomy
is sufficient to show not only the improbability, but the utter
impossibility of anything of the kind. The least of the stars visible to
the naked eye is at an almost immeasurable distance from the earth,
so as to make it perfectly ludicrous to talk of a wave being raised to
such a height. All the water on the face of the globe would be far
from sufficient for the formation of one such wave. But the Talmud
intimates that they had the power of raising it still higher, and were
prevented only by the fear of being scorched. But the Talmud is not
satisfied with these wonders, it goes on to describe a conversation
between two waves. The commentator, who evidently believed every
word of the story, suggest that this conversation was carried on by
the angels presiding over the waves.
ושמא מלאכים, ורמי ליה גלא נתן קולו כלומר צעק כדוגמא תהום אל תהום קורא
הממונים עליהם הם ׃
“The wave lifted up his voice, that is, it cried, and so we find, ‘Deep
calleth unto deep.’ And perhaps this means the angels who were set
over them.” The commentator, it appears, had no doubt of the truth
of the story, and how should he have, if he believed in the Divine
authority of the Talmud? But we ask our readers do they believe this
story—and if they do not, why not? Because it is too absurd, and too
far beyond the bounds of possibility. Can, then, a book that swarms
with similar accounts be from God? By what means did all these
things about magic, astrology, amulets, magical cures, and staves,
get into the Talmud? No doubt they were put in by the authors.
Either, then, the authors believed in all these things, or they did not.
If they did not believe in them, then they were evidently bad men,
who deliberately wrote falsehood. But if they did believe these
things, then, though not guilty of wilful falsehood, they were
credulous, superstitious persons, who had no clear idea of the
religion of Moses and the prophets; and in either case they are most
unsafe guides in religion. It is for the Jews of the present day to
consider whether they will still adhere to a system that involves the
belief of so many incredibilities and sanctions the profanation of the
names of God for the purposes of magic. Eighteen centuries are
surely long enough to have remained in such thick darkness. Those
who have been brought up in such a system ought now, at least, to
arise and ask what have they and their forefathers been about all
this while? And how it is that the New Testament, which they have
rejected, is entirely free from such deformities? Something has been
decidedly wrong, or the chosen people of God could not have
remained so long in captivity, unheeded and unhelped by the Holy
One of Israel. An exhibition of the doctrines of the oral law explains
the cause. Israel has departed from the religion of Moses, and
pertinaciously adhered to a system compounded of human
inventions, and idolatrous heathenism. They call Moses their master,
and say that the oral law is derived from him, but if we may from the
work, form a conjecture about the author, it is much more probably a
tradition from the magicians of Egypt or the witch of Endor. And if it
had been handed down as such—if the Israelites had presented the
Talmud to the world and their posterity as part of the heavy yoke of
Egypt, we should not have been astonished at the universality of its
reception. But that Israel should ever have been so far imposed
upon, as to believe that Moses or the prophets ever had anything to
do with the oral law appears almost inexplicable. However unwilling
one may be to apply to fellow-sinners any prophecy that contains a
denunciation of God’s wrath, one cannot help asking, was it of this
that the prophet said, “The Lord hath poured out upon you the spirit
of deep sleep, and hath closed your eyes; the prophets and your
rulers the seers hath he covered. And the vision of all is become
unto you as the words of a book that is sealed, which men deliver to
one that is learned, saying, read this, I pray thee; and he saith, I
cannot, for it is sealed: and the book is delivered to him that is not
learned, saying, Read this, I pray thee, and he saith, I am not
learned.” (Isaiah xxix. 10-12.) This question is, however, far more
important to Israel than to us, and to them we leave the answer.
Some will still persist in the assertion that this heathenish compound
is the highest wisdom. The great majority of the nation is devoted to
the Talmud, which is still the cistern whence the synagogues
endeavour to draw the waters of life. The multitude does it in
ignorance, they are, therefore, not so culpable. But there are many
that know better, what then is the reason that they do not strain
every nerve to deliver their brethren? These few do not suffer the
oral law to interfere either with their business or their convenience.
They profane the Sabbath, eat Gentile food, carry on their business
on feasts and festivals. If they do all this on principle, why not protest
against error? Is it because they are indifferent to the welfare of their
brethren? If indifference be the only fruit of this intellectual progress,
instead of rising above, they have sunk below superstition itself.
No. XXVI.
CHARMS CONTINUED.
How little the oral law has hitherto done to promote the peace and
happiness of Israel, we considered in our last number. It may,
however, be replied, that it has not had a fair trial, and that the failure
is to be attributed rather to the people than to the law. This possible
reply naturally leads us to think, what then would be the state of
Israel and of the world at large, if the oral law were universally and
exactly observed, and its disciples had supreme dominion in the
world? Suppose that all the kingdoms of the world were melted into
one vast and universal monarchy, and the sceptre swayed by a
devout and learned rabbi, and all the magisterial offices filled by able
and zealous Talmudists, would the world be happy? This is a fair
question, and well deserves consideration, for there can be no doubt
that true religion was intended by its Divine Author to promote the
happiness of his creatures:—
דוכיה דרכי נועם וכל נתיבוביה שלום ׃
“Her ways are ways of pleasantness, and all her paths are peace.”
(Prov. iii. 17.) And that not of a few, but of all without exception.
הלא אל אחד בראנו ׃, הלא אב אחד לכלנו
“Have we not all one father? Hath not one God created us?” (Mal. ii.
10.) That religion, therefore, cannot be of God, which would make
the greatest portion of his creatures miserable, and confer happiness
on a very limited number. The religion that came from heaven,
wherever it exists, must contain the elements of happiness for all
nations, and include all the families of man. It must exclude none but
the wilfully and obstinately wicked, who carry the torments of hell in
their own bosom, and would be necessarily unhappy even in heaven
itself. A religion, whose principles, if triumphant, would effect so
desirable a consummation, must be true. The question is, whether
modern Judaism, if it had full and free scope for the realization of all
its principles, would bear such blessed fruit? Our late inquiries about
amulets and magic led us to consider some of the laws about the
Sabbath-day, and as when true religion prevails, this ought to be the
happiest day of the week, the laws respecting it shall furnish
materials for our answer. That a rabbinical Sabbath would be the
happiest day in the week we much doubt, for, in the first place, to
keep the rabbinical Sabbath aright, it is necessary to be perfectly
acquainted with all the laws relating to it, which are very many and
very intricate, occupying even in Rambam’s compendium, including
the notes, above one hundred and seventy folio pages.[27] That any
conscientious man can be happy with such a load of law about his
neck appears impossible. He must be in continual fear and trembling
lest he should through forgetfulness or inadvertence be guilty of
transgression, and the continued watchfulness and anxiety would be
more intolerable than the hardest labour. But if Rabbinism wielded
the supreme power, he would have to dread the most severe and
immediate punishment:—
וכל העושה, שביתה בשביעי ממלאכה מצות עשה שנאמר וביום השביעי תשבות
, בו מלאכה ביטל מצות עשה ועבר על לא תעשה שנאמר לא תעשה כל מלאכה
ומהו חייב על עשיית מלאכה אם עשה ברצונו בזדון חייב כרת ואם היה שם עדים
והתראה נסקל ואם עשה בשגגה חייב קרבן הטאת קבועה ׃
“To rest on the seventh day from work is an affirmative precept, for it
is said, ‘On the seventh day thou shalt rest.’ Whosoever, therefore,
does any work, annuls an affirmative, and transgresses a negative
precept, for it is said, ‘Thou shalt do no manner of work.’ What is
meant by being guilty on account of doing work? If it be done
voluntarily and presumptuously, the meaning is, that he is liable to
excision, and if there were witnesses and a warning, he is to be
stoned. If he did it in error, he must bring a certain sin-offering.”
(Hilchoth Shabbath, c. i. 1.) This sounds something like the law of
Moses, but is in reality far more severe. The whole force depends
upon the meaning of the word “work,” and the rabbinical sense
would entirely destroy the peace of society. If, for instance, a poor
man could not afford to have his Sabbath lamp burn all day, and
should extinguish it to save the oil; or if a humane man should see
burning coals in some place likely to do injury to others, and should
extinguish them, they would both be guilty, and if some zealous
Talmudists happened to be present, and first remonstrated with them
on the unlawfulness of the act, they would both be tried, found guilty,
and stoned to death:—
כיצד, כל העושה מלאכה בשבת אע׳׳פ שאינו צריך לגופה של מלאכה חייב עליה
הרי שכבה את הנר מפני שהוא צריך לשמן או לפתילה כדי שלא יאבד או כדי שלא
ישרף או כדי שלא יבקע חרס של נר מפני שהכבוי מלאכה והרי נתכוון לכבות
ואע׳׳פ שאין צריך לגוף הכבוי ולא כבה אלא מפני השמן או מפני החרס או מפני
וכן המעביר את הקוץ ד׳ אמות ברה׳׳ר או המכבה את, הפתילה הרי זה חייב
הגחלת כדי שלא יזוקו בו רבים חייב ואע׳׳פ שאינו צריך לגוף הכבוי או לגוף
חהעברה אלא להרחיק ההיזק הרי זה חייב וכן כל כיוצא בזה ׃
“Whosoever does any work on the Sabbath, even though he does
not do it for the sake of the work itself, is nevertheless guilty. How
so? If, for instance, a man extinguishes a lamp, because he wants
the oil or the wick, and wishes that it should not waste, nor be
burned, or that the earthenware part of the lamp should not be
cracked; inasmuch as the extinguishing is work, and his intention
was to extinguish it: although the mere act of extinguishing it was not
the ultimate object, but on the contrary, the saving of the oil or the
wick, or the earthen lamp, he is, nevertheless, guilty. And in like
manner, whosoever, removes thorns a distance of four ells in a
public place, or whosoever extinguishes coals to prevent the public
from being injured, is guilty: although the ultimate object was not the
extinguishing nor the moving, but he simply intended to prevent the
injury, he is guilty, and so in all similar cases.” (Ibid.) If this were the
law of the land, and the executive were in the hands of Talmudistic
zealots, the peace of the world would be at an end. The poor man
could not be happy, when he saw his little property wasting; and the
humane man would either be made miserable at the thought of being
able to prevent much injury, and yet not doing it, or would have to
expose himself to the danger of a cruel and ignominious death. We
know enough of the general character of the Jewish nation to believe
that there are amongst them those who would brave the danger,
whose generous hearts would rise above personal considerations,
but how dreadful would be the consequences! A man of a tender
heart, the father of a family, would be induced, by the best of
feelings, to save his fellow-men from injury. He would return to his
family, and tell them how God had given him an opportunity of doing
good. The family worthy of such a father would rejoice to hear the
information, but the sequel of his story would turn their joy into
mourning. He would have to tell them that ignominious death would
be the consequence, and that because he dared to do an act of
charity, and to love his brother as himself, the morrow would see his
wife a widow and his children orphans. But suppose, that when he
performed the act, he had been attended by two of his sons, now
grown up, and zealots for the oral law—that they had warned him,
and then became his accusers, as they must, if firm believers in
Talmudic religion, he would have the additional pangs of seeing his
own flesh and blood as the foremost of his executioners. This one
law would clothe the world with mourning, and make the light of the
Sabbath sun the curse of mankind. Though men might be found at
first to brave the danger, the course of time and the inflexible severity
of the law would soon annihilate all generous feeling. Children would
be trained up with the idea that humanity is not a Sabbath virtue, and
the constant resistance of the tender feelings would harden the
heart, and mankind in time become totally insensible on week-days
as well as Sabbath-days; and thus the enforcement of this one law
would produce universal selfishness, and this would certainly not
promote the happiness of the world. But take another case of a man,
who leaves his home on the Friday morning to go a short distance
into the country, intending to return before the commencement of the
Sabbath; he meets with an accident, and breaks a limb; on the
Sabbath he is sufficiently restored to think of the anxiety of his family,
and writes a short note to inform them of his state, this act of
common love and kindness would cost him his life; nay, if he had
only begun the letter, and then overcome by fear or weakness, had
left it unfinished, a rabbinic tribunal would condemn him to be
stoned.
כל המתכוון לעשות מלאכה בשבת והתחיל בה ועשה כשיעור חייב אע׳׳פ שלא
כיצד הרי שנתכוון לכתוב אגרת או שטר, השלים כל המלאכה שנתכוון להשלימה
בשבת אין אומרים לא יתחייב זה עד שישלים חפצו ויכתות כל השטר או כל
האגרת אלא משיכתוב שתי אותיות חייב ׃
“Whosoever intends to do any work on the Sabbath, and begins it,
and does a certain measure, is guilty, although he does not finish all
that he intended. How so? Suppose he intended to write a letter, or a
contract on the Sabbath, it is not to be thought that he will not be
guilty until he finish his business, and write the whole contract or the
whole letter. On the contrary, as soon as he shall have written two
letters (of the alphabet) he is guilty.” (Ibid.) And consequently, if it can
be proved, must be stoned. Every one’s daily experience will tell
them of the many similar cases where a letter may be necessary for
the peace or well-being of an individual or a family, and where the
delay of a day would be a serious injury. If rabbinism held the reins
of power, the anxiety, the sorrow, the injury must all be endured; the
Sabbath-day must be made a burden and a curse, instead of a
blessing, or life itself must be exposed to danger. But this would not
be the only misery. These sanguinary laws would, as religious laws,
bind the consciences of the weak and superstitious. A man’s
domestics, or his children, or even his wife, would become spies
over all his Sabbath doings, and the denouncers of every
transgression; and thus domestic confidence, without which not even
the shadow of happiness can exist, would be destroyed, and a man’s
foes would be those of his own household. Much has lately been
thought and said about the sanguinary nature of the laws of England,
but the laws of Draco himself were merciful when compared with the
religious enactments of the rabbies. Draco only sentenced to death
men convicted of a crime. The oral law condemns to stoning the
man, woman, or child who will venture to write two letters of the
alphabet, or even who will extinguish fire to prevent a public injury.
Nay, in some cases, where it actually pronounces a man innocent, it
nevertheless commands him to be flogged.
נתכוון ללקוט תאנים שחורות וליקט לבנות או שנתכוון ללקוט תאנים ואחר כך
ענבים ונהפך הדבר וליקט הענבים בתחלה ואח׳׳כ תאנים פטור אע׳׳פ שליקט כל
מה שחשב הואיל ולא ליקט כסדר שחשב פטור שבלא כוונה עשה שלא אסרה
התורה אלא מלאכת מחשבת ׃
“If a man intended to gather black figs, but gathered white figs, or if
he intended to gather figs and afterwards grapes, but the matter has
been inverted, and he gathered the grapes first, and afterwards the
figs, he is not guilty. Although he have gathered all that he thought of
gathering, yet, because he did not gather them in the intended order,
he is not guilty, for he did what was unintentional, and the law forbids
only intentional work.” (Ibid.) We pass by the manifest absurdity of
this decision, which is, however, sufficient to prove that this law is not
of God, because it is more important to consider what is to be done
with a man not guilty. The law of England, or any other civilized
country, would say, of course, that he is to go free; but not so the oral
law, it commands that the man should be flogged.
הרי זה פטור מן הכרת ומן הסקילה, וכל מקום שנאמר שהעושה דבר זה פטור
ומן הקרבן אבל אסור לעשות אותו דבר בשבת ואיסורו מדברי סופרים והוא
הרחקה מן המלאכה והעושה אותו בזדון מכין אותו מכות מרדות ׃
“Wherever it is said, he that doeth anything is not guilty, the meaning
is, that he is not liable to excision, nor stoning, nor a sacrifice, but
that thing is unlawful to be done, and the prohibition is of the words
of the Scribes, and is intended as a removal from the possibility of
work: and he that does it presumptuously, is to be flogged with the
flogging of rebellion.” (Ibid.) Here, then, we have a whole class of
crimes which the oral law itself allows are no crimes according to the
law of Moses, but which it thinks fit to punish with that dreadful and
degrading infliction. Are the professors of this traditional religion
really acquainted with its ordinances? or can any man believe that a
religion which, if it had full scope and power, would become the
torment of the human race, can emanate from God?
If ever this religion attains supreme power, its adherents will be
reduced to a state of the most deplorable bondage, but what would
be its effect upon the other nations of the world? It would, in the first
place, deprive all other nations of a Sabbath; for we have already
quoted the law (No. 3, p. 22), which decides, “That a Gentile who
keeps a Sabbath, though it be on one of the week-days is guilty of