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The Hebrew Bible formulates two sets of law: one for the Israelites and one for the gentile "residents" living in the Holy Land. Law Beyond Israel: From the Bible to the Qur'an argues that these biblical laws for non-Israelites form the historical basis of qur'anic law. This volume corroborates its central claim by assessing laws for gentiles in late antique Jewish and especially in Christian legal discourse, pointing to previously underappreciated legal continuity from the Hebrew Bible to the New Testament and from late antique Christianity to nascent Islam. This volume first sketches the legal obligations that the Hebrew Bible imposes on gentiles, on humanity more broadly and, more specifically, on the non-Israelite residents of the Holy Land. It then traces these laws through Second Temple Judaism to the early Jesus movement, illustrating how the biblical laws for residents inform those formulated in Acts of the Apostles. Building on this legal continuity, the study employs detailed historical and literary analyses of legal narratives in order to make three propositions. Firstly, rabbinic laws for gentiles, the so-called Noahide Laws, while offering a more lenient interpretation than the one we find in Acts, are equally based on the biblical laws for gentiles. Secondly, Christians generally appreciated and even expanded the gentile laws of Acts. Thirdly, the Qur'an reinvents Arabian religious practice by formulating its own distinctive approach to the biblical laws for gentiles, in close continuity with - and at times in critical distance from - late antique Jewish and especially Christian gentile law.
Using socio-anthropological theory and archaeological evidence, Knight argues that while the laws in the Hebrew Bible tend to reflect the interests of those in power, the majority of ancient Israelites--located in villages--developed their own unwritten customary laws to regulate behavior and resolve legal conflicts in their own communities. This book includes numerous examples from village, city, and cult. --from publisher description
The Hebrew Bible formulates two sets of law: one for Israelites and one for gentiles living in the Holy Land. 'Law Beyond Israel' argues that the laws for non-Israelites form the historical basis of qur'anic law, pointing to legal continuity from the Hebrew Bible to the New Testament and from late antique Christianity to nascent Islam.
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.
“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
Beyond Occupation looks at three contentious terms that regularly arise in contemporary arguments about Israel's practices towards Palestinians in the occupied territories – occupation, colonialism and apartheid – and considers whether their meanings in international law truly apply to Israel's policies. This analysis is timely and urgent – colonialism and apartheid are serious breaches of human rights law and apartheid is a crime against humanity under the Rome Statute of the International Criminal Court. The contributors present conclusive evidence that Israel's administration of the Palestinian territories is consistent with colonialism and apartheid, as these regimes are defined in human rights law. Their analysis further shows that these practices are deliberate Israeli state policies, imposed on the Palestinian civilian population under military occupation. These findings raise serious implications for the legality and legitimacy of Israel's continuing occupation of the Palestinian territories and the responsibility of the entire international community to challenge practices considered contrary to fundamental values of the international legal order.
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.
A comprehensive look at how rabbinical courts control Israeli marriage and divorce
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.