| Author | : Menachem Mautner |
| Publisher | : Oxford University Press |
| Total Pages | : 278 |
| Release | : 2011-01-27 |
| Genre | : History |
| ISBN | : 0199600562 |
For half a century a fierce struggle to shape Israeli culture has been waged in its legal system. Should Israel be a secular, liberal state, or governed by traditional Jewish law and culture? In this book Menachem Mautner tells the fascinating story of the political struggles to control Israeli law, and through it the culture of Israel itself.
| Author | : Daphne Barak-Erez |
| Publisher | : Univ of Wisconsin Press |
| Total Pages | : 200 |
| Release | : 2007-07-15 |
| Genre | : Religion |
| ISBN | : 0299221636 |
The prohibition against pigs is one of the most powerful symbols of Jewish culture and collective memory. Outlawed Pigs explores how the historical sensitivity of Jews to the pig prohibition was incorporated into Israeli law and culture. Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state. By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
| Author | : Menachem Mautner |
| Publisher | : OUP Oxford |
| Total Pages | : 933 |
| Release | : 2011-01-27 |
| Genre | : Law |
| ISBN | : 0191018430 |
Menachem Mautner offers a compelling account of Israeli law as a site for the struggle over the shaping of Israeli culture. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. The struggle between secular and religious Jews has been part of the life of the Jewish people in the past 300 years. It resurged in the 1970s with the rise of religious fundamentalism and the decline of the political and cultural hegemony of the Labor movement. The secular group reacted by shifting much of its political action to the Supreme Court which since the establishment of the state has been the state organ most identified with entrenching liberal values in the country's political culture. In a short span of time in the early 1980s the Court effected extensive changes in its jurisprudence, most strikingly adoption of sweeping judicial activism which is widely regarded as the most far-reaching in the world. The Court's activism provided the secular group with the means for intervening in decisions of the state branches over which the group had lost control. With Arabs being a fifth of the country's population, an additional divide in Israel is that between Jews and Arabs. Drawing on notions of multiculturalism, political liberalism and republicanism, the book offers fresh insights as to how to manage Israel's divisive situation.
| Author | : Haim Sandberg |
| Publisher | : Indiana University Press |
| Total Pages | : 268 |
| Release | : 2022-07-05 |
| Genre | : History |
| ISBN | : 0253060478 |
As one of the smallest and most densely populated countries in the world, the State of Israel faces serious land policy challenges and has a national identity laced with enormous internal contradictions. In Land Law and Policy in Israel, Haim Sandberg contends that if you really want to know the identity of a state, learn its land law and land policies. Sandberg argues that Israel's identity can best be understood by deciphering the code that lies in the Hebrew secret of Israeli dry land law. According to Sandberg, by examining the complex facets of property law and land policy, one finds a unique prism for comprehending Israel's most pronounced identity problems. Land Law and Policy in Israel explores how Israel's modern land system tries to bridge the gaps between past heritage and present needs, nationalization and privatization, bureaucracy and innovation, Jewish majority and non-Jewish minority, legislative creativity and judicial activism. The regulation of property and the determination of land usage have been the consequences of explicit choices made in the context of competing and evolving concepts of national identity. Land Law and Policy in Israel will prove to be a must-read not only for anyone interested in Israel but also for anyone who wants to understand the importance of land law in a nation's life.
| Author | : Susan M. Weiss |
| Publisher | : UPNE |
| Total Pages | : 242 |
| Release | : 2013 |
| Genre | : Religion |
| ISBN | : 1611683653 |
A comprehensive look at how rabbinical courts control Israeli marriage and divorce
| Author | : Simon Rabinovitch |
| Publisher | : Hebrew Union College Press |
| Total Pages | : 428 |
| Release | : 2018-11-12 |
| Genre | : History |
| ISBN | : 0878201637 |
Defining Israel: The Jewish State, Democracy, and the Law is the first book in any language devoted to the controversial passage of Israel's nation-state law. Israel has no constitution, and though it calls itself the Jewish state there is no agreement among Israelis on how that fact should be reflected in the government's laws or by its courts. Since the 1990s a number of civil society groups and legislators have drafted constitutions and proposed Basic Laws with constitutional standing that would clarify what it means for Israel to be a "Jewish and democratic state." Are these bills liberal or chauvinist? Are they a defense of the Knesset or an attack on the independence of the courts? Is their intention democratic or anti-democratic? The fight over the nation-state law-whether to have one and what should be in it-toppled the 19th Knesset's governing coalition and, even after its passage on July 29, 2018, remains a point of contention among Israel's lawmakers and increasingly the Israeli public. Defining Israel brings together influential scholars, journalists, and politicians, observers and participants, opponents and proponents, Jews and Arabs, all debating the merits and meaning of Israel's nation-state law. Together with translations of each draft law, the final law, and other key documents, the essays and sources in Defining Israel are essential to understand the ongoing debate over what it means for Israel to be a Jewish and democratic state.
| Author | : Steven V. Mazie |
| Publisher | : Lexington Books |
| Total Pages | : 338 |
| Release | : 2006 |
| Genre | : Political Science |
| ISBN | : 9780739114858 |
In Israel's Higher Law, Steven V. Mazie sheds new light on the relationship between liberalism and religion through a detailed assessment of the Jewish state. Drawing on in-depth interviews with Israeli citizens, this compelling work scrutinizes the ways in which Israelis conceptualize and debate their polity's religion-state arrangement.
| Author | : Assaf Likhovski |
| Publisher | : Univ of North Carolina Press |
| Total Pages | : 327 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 0807830178 |
One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confront
| Author | : Noura Erakat |
| Publisher | : Stanford University Press |
| Total Pages | : 405 |
| Release | : 2019-04-23 |
| Genre | : History |
| ISBN | : 1503608832 |
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
