Israel's Higher Law

Israel's Higher Law

Author: Steven V. Mazie

Publisher: Lexington Books

Published: 2006

Total Pages: 338

ISBN-13: 9780739114858

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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.


Land Law and Policy in Israel

Land Law and Policy in Israel

Author: Haim Sandberg

Publisher: Indiana University Press

Published: 2022-07-05

Total Pages: 268

ISBN-13: 0253060478

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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.


Defining Israel

Defining Israel

Author: Simon Rabinovitch

Publisher: Hebrew Union College Press

Published: 2018-11-12

Total Pages: 428

ISBN-13: 0878201637

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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.


Israel and the Struggle over the International Laws of War

Israel and the Struggle over the International Laws of War

Author: Peter Berkowitz

Publisher: Hoover Press

Published: 2013-09-01

Total Pages: 113

ISBN-13: 0817914366

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The author argues that Israel stands on the frontlines of a new struggle over the international laws of war and exposes abuses of law that have been promulgated by international human rights lawyers, UN bodies, and intellectuals to illegitimately circumscribe the right of liberal democracies to defend themselves against transnational terrorists. The Goldstone Report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of those abuses. This book criticizes the flawed assumptions and defective claims arising from both the Goldstone Report and the Gaza flotilla controversy, showing how the legal principles and conclusions advanced by many of Israel's critics threaten not only Israel's national security interests but the United States' as well.


Security, Rights and Law

Security, Rights and Law

Author: Rouba Al-Salem

Publisher: Routledge

Published: 2018-12-21

Total Pages: 211

ISBN-13: 1351602276

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Winner of the 2019 Francis Lieber Prize Recognizing an Exceptional Published Book in the Field of the Law of Armed Conflict This book examines how the Israeli High Court of Justice (HCJ) has interpreted and applied international law principles in adjudicating petitions filed by Palestinians. The research focuses on HCJ judgments that have been rendered since the outbreak of the Second Intifada (2000) in relation to petitions challenging the legality of measures implemented by various Israeli governments and military authorities for the professed need of enhancing the security of Israeli settlements and settlers in the occupied West Bank. It discusses to what extent the HCJ provides a venue for an effective domestic remedy for alleged violations of the Palestinians’ internationally protected rights. It further analyses the judgments of the Court seeking to demonstrate why it appears to show a preference for invoking principles of Israeli administrative and constitutional law, thereby promoting the domestic rather than international Rule of Law. Although the jurisprudence of the HCJ has often been hailed as that of an ‘activist’ court, the analysis of petitions adjudicated by the Court between 2000 and 2014 illustrates why its approach is ill-suited to a situation of prolonged military occupation. Finally, the book evaluates what impact the Court’s adjudication, reasoning and interpretation has on the normative coherence of the international law of belligerent occupation.


Intellectual Property Law and Practice in Israel

Intellectual Property Law and Practice in Israel

Author: Eran Liss

Publisher: Oxford University Press, USA

Published: 2012-05-31

Total Pages: 713

ISBN-13: 0199917418

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Intellectual Property Law and Practice in Israel provides a comprehensive overview of Israeli intellectual property laws and an in-depth analysis of the pertinent case law.


The Wall and the Gate

The Wall and the Gate

Author: Michael Sfard

Publisher: Metropolitan Books

Published: 2018-01-23

Total Pages: 528

ISBN-13: 1250122708

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"A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court―that is, in the court of the abuser. [This book] chronicles this struggle―a story that has never before been fully told― and in the process engages the core principles of human rights legal ethics. [The author] recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings―all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself."--


Law and the Culture of Israel

Law and the Culture of Israel

Author: Menachem Mautner

Publisher: Oxford University Press

Published: 2011-01-27

Total Pages: 278

ISBN-13: 0199600562

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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.


A High Price

A High Price

Author: Daniel Byman

Publisher: Oxford University Press

Published: 2011-06-15

Total Pages: 492

ISBN-13: 0199831742

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The product of painstaking research and countless interviews, A High Price offers a nuanced, definitive historical account of Israel's bold but often failed efforts to fight terrorist groups. Beginning with the violent border disputes that emerged after Israel's founding in 1948, Daniel Byman charts the rise of Yasir Arafat's Fatah and leftist groups such as the Popular Front for the Liberation of Palestine--organizations that ushered in the era of international terrorism epitomized by the 1972 hostage-taking at the Munich Olympics. Byman reveals how Israel fought these groups and others, such as Hamas, in the decades that follow, with particular attention to the grinding and painful struggle during the second intifada. Israel's debacles in Lebanon against groups like the Lebanese Hizballah are examined in-depth, as is the country's problematic response to Jewish terrorist groups that have struck at Arabs and Israelis seeking peace. In surveying Israel's response to terror, the author points to the coups of shadowy Israeli intelligence services, the much-emulated use of defensive measures such as sky marshals on airplanes, and the role of controversial techniques such as targeted killings and the security barrier that separates Israel from Palestinian areas. Equally instructive are the shortcomings that have undermined Israel's counterterrorism goals, including a disregard for long-term planning and a failure to recognize the long-term political repercussions of counterterrorism tactics.


Defending Israel

Defending Israel

Author: Alan M. Dershowitz

Publisher: All Points Books

Published: 2019-09-03

Total Pages: 207

ISBN-13: 1250179971

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World-renowned lawyer Alan Dershowitz recounts stories from his many years of defending the state of Israel. Alan Dershowitz has spent years advocating for his "most challenging client"—the state of Israel—both publicly and in private meetings with high level international figures, including every US president and Israeli leader of the past 40 years. Replete with personal insights and unreported details, Defending Israel offers a comprehensive history of modern Israel from the perspective of one of the country's most important supporters. Readers are given a rare front row seat to the high profile controversies and debates that Dershowitz was involved in over the years, even as the political tides shifted and the liberal community became increasingly critical of Israeli policies. Beyond documenting America's changing attitude toward the country, Defending Israel serves as an updated defense of the Jewish homeland on numerous points—though it also includes Dershowitz's criticisms of Israeli decisions and policies that he believes to be unwise. At a time when Jewish Americans as a whole are increasingly uncertain as to who supports Israel and who doesn't, there is no better book to turn to for answers—and a pragmatic look toward the future.