Israels Higher Law

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.

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.

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.

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.

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.

This text analyzes and documents the legal and human rights aspects of Israel's occupation of the West Bank. This new updated edition includes an analysis of the winter 1988 Palestinian uprising. Also included in the new edition are a new introduction discussing recent changes in Israeli legal policy, and an index.

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.

This book instructively introduces the reader to the basics of Jewish law. It gives a detailed, cutting-edge analysis of contemporary public and private law in the State of Israel, as well as Israel’s legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality.

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.