Law and the Culture of Israel

Law and the Culture of Israel
Author: Menachem Mautner
Publisher: OUP Oxford
Total Pages: 280
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.

Land Law and Policy in Israel

Land Law and Policy in Israel
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.

Outlawed Pigs

Outlawed Pigs
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.

Jewish and Israeli Law - An Introduction

Jewish and Israeli Law - An Introduction
Author: Shimon Shetreet
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 658
Release: 2021-08-02
Genre: Law
ISBN: 311067176X

This book instructively introduces the reader to the basics of Jewish law. It gives a detailed, cutting-edge analysis of contemporary public and private law in the State of Israel, as well as Israel’s legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality.

Land Expropriation in Israel

Land Expropriation in Israel
Author: Yifat Holzman-Gazit
Publisher: Routledge
Total Pages: 213
Release: 2016-04-22
Genre: Law
ISBN: 131710837X

Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.

Law and Identity in Israel

Law and Identity in Israel
Author: Nir Kedar
Publisher: Cambridge University Press
Total Pages: 239
Release: 2019-11-14
Genre: Law
ISBN: 1108484352

Analyzes the efforts to forge a progressive and 'authentic' Israeli law that would express Jewish identity.

The History of Law in a Multi-cultural Society

The History of Law in a Multi-cultural Society
Author: Ron Harris
Publisher: Dartmouth Publishing Company
Total Pages: 0
Release: 2002
Genre: Droit - Israël - Histoire - 20e siècle
ISBN: 9780754621454

These 15 essays bring a legal perspective to the history of Israel during the period beginning with World War I and ending with the Ten Days War. They consider the impact of colonialism, nationalism, and socialism on the laws of Palestine and Israel. Particular attention is given to the relation of the law to the Israeli-Palestinian conflict, the role of the courts, and the influence of class. Contributors include legal authorities, legal scholars, historians, and sociologists from Israel and the United States. Annotation copyrighted by Book News, Inc., Portland, OR.

Windows onto Jewish Legal Culture

Windows onto Jewish Legal Culture
Author: Hanina Ben-Menahem
Publisher: Routledge
Total Pages: 700
Release: 2020-06-30
Genre: Law
ISBN: 113647997X

This book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.