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Argues that Britain, the USA, and the USSR overrode legal rights in Palestine in pursuit of their own self-interests.
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.
A comprehensive look at how rabbinical courts control Israeli marriage and divorce
What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
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.
In what may be the most controversial book on Zionism and Israel published in the last twenty years, Yoram Hazony graphically portrays the cultural and political revolt against Israel's status as the Jewish state. Examining ideological trends in academia, literature, media, law, the armed forces, and the foreign policy establishment, Hazony contends that Israelis are preparing themselves for the final break with the Jewish past and the Jewish future. In a dramatic new reading of Israeli history, Hazony uncovers the story of how Martin Buber, Gershom Scholem, Hannah Arendt, and other German-Jewish intellectuals bitterly fought against the establishment of Israel, and later used the Hebrew University as a base for deposing David Ben-Gurion and discrediting Labor Zionism. The Jewish State is a must-read for anyone concerned with Israel's present and future.
For over half a century, the legitimacy of Israel's existence has been questioned, and Zionism has been the subject of an immense array of objections and criticism. Chaim Gans considers the objections and presents an in-depth philosophical analysis of the justice of Zionism as realized by the state of Israel.
Covers Israel's policy toward Islamic institutions within its borders, 1948-2000.
This volume examines the status of the Palestinian citizens in Israel and explores ethnic privileging and the dynamics of social conflict.
A biochemist by profession, a polymath by inclination and erudition, Yeshayahu Leibowitz has been, since the early 1940s, one of the most incisive and controversial critics of Israeli culture and politics. His direct involvement, compelling polemics, and trenchant criticism have established his steadfast significance for contemporary Israeli-and Jewish- intellectual life. These hard-hitting essays, his first to be published in English, cover the ground Leibowitz has marked out over time with moral rigor and political insight. He considers the essence and character of historical Judaism, the problems of contemporary Judaism and Jewishness, the relationship of Judaism to Christianity, the questions of statehood, religion, and politics in Israel, and the role of women. Together these essays constitute a comprehensive critique of Israeli society and politics and a probing diagnosis of the malaise that afflicts contemporary Jewish culture. Leibowitz's understanding of Jewish philosophy is acute, and he brings it to bear on current issues. He argues that the Law, Halakhah, is essential to Judaism, and shows how, at present, separation of religion from state would serve the interest of halakhic observance and foster esteem for religion. Leibowitz calls the religious justification of national issues "idolatry" and finds this phenomenon at the root of many of the annexationist moves made by the state of Israel. Long one of the most outspoken critics of Israeli occupation in the conquered territories, he gives eloquent voice to his ongoing concern over the debilitating moral effects of its policies and practices on Israel itself. This translation will bring to an English-speaking audience a much-needed, lucid perspective on the present and future state of Jewish culture.