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.


Justice for Some

Justice for Some

Author: Noura Erakat

Publisher: Stanford University Press

Published: 2019-04-23

Total Pages: 405

ISBN-13: 1503608832

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“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


The Oxford Handbook of Israeli Politics and Society

The Oxford Handbook of Israeli Politics and Society

Author: Reuven Y. Hazan

Publisher: Oxford University Press, USA

Published: 2021

Total Pages: 725

ISBN-13: 0190675586

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"Few countries receive as much attention as Israel and are at the same time as misunderstood. The Oxford Handbook of Israeli Politics and Society brings together leading Israeli and international figures to offer the most wide-ranging treatment available of an intriguing country. It serves as a comprehensive reference for the growing field of Israel studies and is also a significant resource for students and scholars of comparative politics, recognizing that in many ways Israel is not unique, but rather a test case of democracy in deeply divided societies and states engaged in intense conflict. The handbook presents an overview of the historical development of Israeli democracy through chapters examining the country's history, contemporary society, political institutions, international relations, and most pressing political issues. It outlines the most relevant developments over time while not shying away from the strife both in and around Israel. It presents opposed narratives in full force, enabling readers to make their own judgments"--


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.


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.


Problematizing Law, Rights, and Childhood in Israel/Palestine

Problematizing Law, Rights, and Childhood in Israel/Palestine

Author: Hedi Viterbo

Publisher: Cambridge University Press

Published: 2021-08-05

Total Pages: 370

ISBN-13: 1009027417

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In this book, Hedi Viterbo radically challenges our picture of law, human rights, and childhood, both in and beyond the Israel/Palestine context. He reveals how Israel, rather than disregarding international law and children's rights, has used them to hone and legitimize its violence against Palestinians. He exposes the human rights community's complicity in this situation, due to its problematic assumptions about childhood, its uncritical embrace of international law, and its recurring emulation of Israel's security discourse. He examines how, and to what effect, both the state and its critics manufacture, shape, and weaponize the categories 'child' and 'adult.' Bridging disciplinary divides, Viterbo analyzes hundreds of previously unexamined sources, many of which are not publicly available. Bold, sophisticated, and informative, Problematizing Law, Rights, and Childhood in Israel/Palestine provides unique insights into the ever-tightening relationship between law, children's rights, and state violence, at both the local and global levels.


The Israel Lobby and U.S. Foreign Policy

The Israel Lobby and U.S. Foreign Policy

Author: John J. Mearsheimer

Publisher: Farrar, Straus and Giroux

Published: 2007-09-04

Total Pages: 651

ISBN-13: 1429932821

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Originally published in 2007, The Israel Lobby and U.S. Foreign Policy, by John Mearsheimer of the University of Chicago and Stephen M. Walt of Harvard's John F. Kennedy School of Government, provoked both howls of outrage and cheers of gratitude for challenging what had been a taboo issue in America: the impact of the Israel lobby on U.S. foreign policy. A work of major importance, it remains as relevant today as it was in the immediate aftermath of the Israel-Lebanon war of 2006. Mearsheimer and Walt describe in clear and bold terms the remarkable level of material and diplomatic support that the United States provides to Israel and argues that this support cannot be fully explained on either strategic or moral grounds. This exceptional relationship is due largely to the political influence of a loose coalition of individuals and organizations that actively work to shape U.S. foreign policy in a pro-Israel direction. They provocatively contend that the lobby has a far-reaching impact on America's posture throughout the Middle East―in Iraq, Iran, Lebanon, and toward the Israeli-Palestinian conflict―and the policies it has encouraged are in neither America's national interest nor Israel's long-term interest. The lobby's influence also affects America's relationship with important allies and increases dangers that all states face from global jihadist terror. The publication of The Israel Lobby and U.S. Foreign Policy led to a sea change in how the U.S-Israel relationship was discussed, and continues to be one of the most talked-about books in foreign policy.


The Purse and the Sword

The Purse and the Sword

Author: Daniel Friedmann

Publisher: Oxford University Press

Published: 2016

Total Pages: 417

ISBN-13: 0190278501

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The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.


The Evolution of the Law and Politics of Water

The Evolution of the Law and Politics of Water

Author: Joseph W. Dellapenna

Publisher: Springer

Published: 2010-10-19

Total Pages: 0

ISBN-13: 9789048182145

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According to a famous Talmudic story (Babylonian Talmud, Tractate Shabbat: 31a), a gentile once approached Rabbi Hillel and asked to be taught the entire Torah while standing on one foot. Hillel replied, ‘Love your neighbour as yourself. That is the entire Torah. The rest is simply an explanation. Go and learn it!’ In much the same way, Jewish law can be described in one word—Torah. All the rest is simply an explanation. The Torah, also known as the Bible, the five books of Moses, and the Pentateuch, was written over 3,000 years ago. Since then, Jewish law has developed various interpretations and applications of the Torah, interpretations of those interpre- tions, and so on. Jewish law contains civil dictates as well as religious protocol. Problems that arose in the framework of religious life and problems surrounding civil relationships both found solutions in the same legal source—the Torah and the Halacha, the Jewish legal interpretations and rulings. This chapter on water law in the Jewish tradition provides insight into Jewish law and custom in general, and rules related to the protection of water sources in particular. One should not look, however, to find a written code of Jewish law, as there is none.


Law and Government in Israel

Law and Government in Israel

Author: Gideon Doron

Publisher: Routledge

Published: 2013-10-31

Total Pages: 178

ISBN-13: 131796568X

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While most current studies on law and politics in Israel focus on the legal aspects of public policymaking within the courts, this book explores the relationship between law and government from a positive perspective. That is to say that the question asked is: how the political relationships between the three branches of government affect public policy and hence social outcomes. The eleven contributors to this volume concentrate on Israel from theoretical, comparative and critical approaches, and hence the analysis presented could as well be applied to other polities. This book was published as a special issue of Israel Affairs.