Ferziger, trained in YU and Bar Ilan and inspired by the works of Jacob Katz, attempts in this book to argue that Orthodoxy with a capital O emerged not in response to ideological movements (ie. Reform Judaism), but rather emerged in response to changing social habits of the masses-- nonboservance. What follows this provocative thesis is a chronological treatment of “non-observant people” as they appear in the responsa literature of the likely suspects--the Haham Zvi, Jacob Emden, Ezekiel Landau, Moses Sofer, Samson Raphael Hirsch, etc. Ferziger finds that in premodern Jewry, entirely nonobservant Jews were included within the collective because there was nowhere else for them to go (unless, of course, they had received herem). In the eighteenth century, Sabbatianism fighters began to create a hierarchy that excluded such heretics, creating a framework for dealing with the nonobservant in the nineteenth century. The Hatam Sofer and others began to entirely exclude the nonobservant from the Jewish ranks. But then, when Orthodox Jews became a real minority of the total population, a ranked hierarchy emerged, in which Orthodox were at the top, but a narrow pluralism sort of accepted everyone else.
Ferziger’s suggestion is an interesting one, but using teshuvot as his primary body of sources removes the discussion from real social history and takes it back into intellectual history. It’s also unclear how useful his convoluted conclusions are. It’s not entirely convincing that the modern response to nonobservance reflects a different sort of “Orthodoxy” than that of the Haham Zvi or of Ezekiel Landau.