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Author : Nir Kedar
Publisher : Cambridge University Press
Page : 239 pages
File Size : 54,7 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781108484350
Analyzes the efforts to forge a progressive and 'authentic' Israeli law that would express Jewish identity.
Author : Assaf Likhovski
Publisher : Univ of North Carolina Press
Page : 361 pages
File Size : 53,6 Mb
Release : 2006-12-08
Category : Law
ISBN : 9780807877180
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 confronting these very issues. Assaf Likhovski examines the legal history of Palestine, showing how law and identity interacted in a complex colonial society in which British rulers and Jewish and Arab subjects lived together. Law in Mandate Palestine was not merely an instrument of power or a method of solving individual disputes, says Likhovski. It was also a way of answering the question, "Who are we?" British officials, Jewish lawyers, and Arab scholars all turned to the law in their search for their identities, and all used it to create and disseminate a hybrid culture in which Western and non-Western norms existed simultaneously. Uncovering a rich arsenal of legal distinctions, notions, and doctrines used by lawyers to mediate between different identities, Likhovski provides a comprehensive account of the relationship between law and identity. His analysis suggests a new approach to both the legal history of Mandate Palestine and colonial societies in general.
Author : Haim Sandberg
Publisher : Indiana University Press
Page : 268 pages
File Size : 42,8 Mb
Release : 2022-07-05
Category : History
ISBN : 9780253060471
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 : Assaf Likhovski
Publisher : Univ of North Carolina Press
Page : 327 pages
File Size : 51,5 Mb
Release : 2006
Category : Law
ISBN : 9780807830178
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 : Asher Cohen,Bernard Susser
Publisher : JHU Press
Page : 180 pages
File Size : 52,8 Mb
Release : 2000-06-16
Category : History
ISBN : 0801863457
The role of religion in a democratic society Best Book award given by the Israel Political Science Association Since the 1980s, relationships between secular and religious Israelis have gone from bad to worse. What was formerly a politics of accommodation, one whose main objective was the avoidance of strife through "arrangements" and compromises, has become a winner-take-all, zero-sum game. The conflict is not over who gets what. Rather, it is a conflict over the very character of the polity, a struggle to define Israel's collective character. In Israel and the Politics of Jewish Identity Asher Cohen and Bernard Susser show how this transformation has been caused by structural changes in Israel's public sphere. Surveying many different levels of public life, they explore the change of Israel's politics from a dominant-party system to a balanced two-camp system. They trace the rise of the Haredi parties and the growing consonance of religiosity with right-wing politics. Other topics include the new Basic Laws on Freedom, Dignity, and Occupation; the effects of massive immigration of secular Jews from the former Soviet Union; the greater emphasis on liberal "good government"; and the rise of an aggressive investigative press and electronic media.
Author : Orit Rozin
Publisher : Brandeis University Press
Page : 250 pages
File Size : 46,8 Mb
Release : 2016-07-05
Category : History
ISBN : 9781611689518
Orit Rozin's inspired scholarship focuses on the construction and negotiation of citizenship in Israel during the state's first decade. Positioning itself both within and against much of the critical sociological literature on the period, this work reveals the dire historical circumstances, the ideological and bureaucratic pressures, that limited the freedoms of Israeli citizens. At the same time it shows the capacity of the bureaucracy for flexibility and of the populace for protest against measures it found unjust and humiliating. Rozin sets her work within a solid analytical framework, drawing on a variety of historical sources portraying the voices, thoughts, and feelings of Israelis, as well as theoretical literature on the nature of modern citizenship and the relation between citizenship and nationality. She takes on both negative and positive freedoms (freedom from and freedom to) in her analysis of three discrete yet overlapping issues: the right to childhood (and freedom from coerced marriage at a tender age); the right to travel abroad (freedom of movement being a pillar of a liberal society); and the right to speak out - not only to protest without fear of reprisal, but to speak in the expectation of being heeded and recognized. This book will appeal to scholars and students of Israeli history, law, politics, and culture, and to scholars of nation building more generally.
Author : Gad Barzilai
Publisher : University of Michigan Press
Page : 381 pages
File Size : 49,7 Mb
Release : 2010-02-05
Category : Law
ISBN : 9780472024001
Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.
Author : Gershon Hepner
Publisher : Peter Lang
Page : 1138 pages
File Size : 50,8 Mb
Release : 2010
Category : Bible
ISBN : 0820474622
Legal Friction: Law, Narrative, and Identity Politics in Biblical Israel tracks the mystery of narratives in the Hebrew Bible and their allusions to Sinai laws by highlighting intertextual allusions created by verbal resonances. While the second and the third parts of the volume illustrate allusions to Sinai narratives made by some narratives occurring in the post-Sinaitic era, twenty-three Genesis narratives are analyzed to show that the protagonists were bound by Sinai Laws before God supposedly gave them to Moses, anticipating the Book of Jubilees. Legal Friction suggests that most of Genesis was composed during or after the Babylonian exile, after the codification of most Sinai laws, which Genesis protagonists consistently violate. The fact that they are not punished for these violations implies to the exiles that the Sinai Covenant was unconditional. In addition, the author proposes that Genesis contains a hidden polemic, encouraging the Judean exiles to follow the revisions of laws of the Covenant Code by the Holiness Code and Deuteronomy. Genesis narratives, like those describing post-Sinai events, often cannot be understood properly without recognition of their allusions to biblical laws.
Author : Menachem Mautner
Publisher : OUP Oxford
Page : 280 pages
File Size : 47,7 Mb
Release : 2011-01-27
Category : Law
ISBN : 9780191018435
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 : Simon Rabinovitch
Publisher : Hebrew Union College Press
Page : 428 pages
File Size : 54,9 Mb
Release : 2018-11-12
Category : History
ISBN : 9780878201631
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 : Riad M. Nasser
Publisher : Routledge
Page : 292 pages
File Size : 55,8 Mb
Release : 2013-04-15
Category : History
ISBN : 9781135931360
The book examines the process of national identity formation. It argues that identity, whether of a small community, a nation, an ethnic group, or a religious community, requires an Other against whom it becomes meaningful. In other words, identity develops via difference from Others against whom our sense of self becomes meaningful. This thesis emerges out of the synthesis the study develops from the from the various modern and poststructuralist theories of identity and nationalism.
Author : Akiva Orr
Publisher : Unknown
Page : 260 pages
File Size : 48,6 Mb
Release : 1983
Category : Political Science
ISBN : STANFORD:36105081494259
Author : Gideon Sapir,Daphne Barak-Erez,Aharon Barak
Publisher : A&C Black
Page : 1030 pages
File Size : 53,6 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251859
In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' state. Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, as well as structural questions of judicial review. It features contributions by leading scholars of Israeli constitutional law, with comparative comments by leading scholars of constitutional law from Europe and the United States.
Author : Baruch Litvin,Sidney Benjamin Hoenig
Publisher : Unknown
Page : 444 pages
File Size : 46,6 Mb
Release : 1965
Category : Children
ISBN : UVA:X000490624
Author : Yaacov Yadgar
Publisher : Cambridge University Press
Page : 229 pages
File Size : 44,6 Mb
Release : 2020-01-30
Category : History
ISBN : 9781108488945
An innovative and provocative study tackling the main assumptions surrounding Israel's claim to Jewish identity.
