Perhaps the fundamental error of the Reform and Conservative movements is their (mis)interpretation of halacha as a value system instead of a legal system. For the yeshiva student, Shabbos means 39 categories of forbidden labor, psik reisha, melacha she’eina tzericha l’gufa, etc. For the the non-halachically committed Jew, Shabbos is simply a day to celebrate the values of family, community, rest. “Antiquated” legalisms have been replaced by a commitment to some nebulous set of principles that guide, but do not dictate, behavior.

There is a trend in Orthodoxy to commit the mirror image of this error in interpreting value judgments as legal mandates. It is increasingly fashionable to point to “meta-halacha,” unstated first principles, as the justification behind prohibitions that have no clear source. However, in truth, these meta-principles are no more than value statements being disguised as law. Thus, for example, some might say that playing ball on Shabbos, while not clearly prohibited by any one rule in shulchan aruch, is no less a prohibition than lighting a fire in that it undermines the essence of what Shabbos is all about. Values as distinct from law have been replaced by a flat arena of do’s and don’ts.

Rabbi Meyer Twesky has written, “This latter concern, which we have dubbed axiological, may alternatively be described as hashkafic or public policy. Phraseology and nomenclature per se are unimportant.” But you see, nomenclature and phraseology are critically important, as they reflect (in this case) a substantive distinction. If you want to debate the length a woman’s skirt needs to be with me, we can go through the relevant gemaras, Rishonim, poskim, and see who the sources support. If you want to debate public policy, such as the degree tzniyus should impact a woman’s career choices or participation in…