Download or read book Politics and the Limits of Law written by Menachem Lorberbaum and published by Stanford University Press. This book was released on 2002-11-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies.
Download or read book The Dynamics of Exclusionary Constitutionalism written by Mazen Masri and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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
Download or read book Defining Israel written by Simon Rabinovitch and published by Hebrew Union College Press. This book was released on 2018-11-12 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Israel and the Politics of Jewish Identity written by Asher Cohen and published by JHU Press. This book was released on 2000-06-16 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of religion in a democratic society Best Book award given by the Israel Political Science Association Since the 1980s, relationships between secular and religious Israelis have gone from bad to worse. What was formerly a politics of accommodation, one whose main objective was the avoidance of strife through "arrangements" and compromises, has become a winner-take-all, zero-sum game. The conflict is not over who gets what. Rather, it is a conflict over the very character of the polity, a struggle to define Israel's collective character. In Israel and the Politics of Jewish Identity Asher Cohen and Bernard Susser show how this transformation has been caused by structural changes in Israel's public sphere. Surveying many different levels of public life, they explore the change of Israel's politics from a dominant-party system to a balanced two-camp system. They trace the rise of the Haredi parties and the growing consonance of religiosity with right-wing politics. Other topics include the new Basic Laws on Freedom, Dignity, and Occupation; the effects of massive immigration of secular Jews from the former Soviet Union; the greater emphasis on liberal "good government"; and the rise of an aggressive investigative press and electronic media.
Download or read book Community and Polity written by Daniel Judah Elazar and published by Jewish Publication Society. This book was released on 1995 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: An update and revision of the original 1976 edition. This study presents a two-fold discussion: a basic survey of the structure and functions of the American Jewish community, and a suggestion as to how that community should be understood as a body politic, a collective unit that is not a state but is no less real from a political perspective.
Download or read book The Invention of Jewish Theocracy written by Alexander Kaye and published by Oxford University Press, USA. This book was released on 2020 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is about the attempt of Orthodox Jewish Zionists to implement traditional Jewish law (halakha) as the law of the State of Israel. These religious Zionists began their quest for a halakhic sate immediately after Israel's establishment in 1948 and competed for legal supremacy with the majority of Israeli Jews who wanted Israel to be a secular democracy. Although Israel never became a halachic state, the conflict over legal authority became the backdrop for a pervasive culture war, whose consequences are felt throughout Israeli society until today. The book traces the origins of the legal ideology of religious Zionists and shows how it emerged in the middle of the twentieth century. It further shows that the ideology, far from being endemic to Jewish religious tradition as its proponents claim, is a version of modern European jurisprudence, in which a centralized state asserts total control over the legal hierarchy within its borders. The book shows how the adoption (conscious or not) of modern jurisprudence has shaped religious attitudes to many aspects of Israeli society and politics, created an ongoing antagonism with the state's civil courts, and led to the creation of a new and increasingly powerful state rabbinate. This account is placed into wider conversations about the place of religion in democracies and the fate of secularism in the modern world. It concludes with suggestions about how a better knowledge of the history of religion and law in Israel may help ease tensions between its religious and secular citizens"--
Download or read book The Cambridge Companion to Judaism and Law written by Christine Hayes and published by Cambridge University Press. This book was released on 2017-02-17 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.
Download or read book Rooted Cosmopolitans written by James Loeffler and published by Yale University Press. This book was released on 2018-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stunningly original look at the forgotten Jewish political roots of contemporary international human rights, told through the moving stories of five key activists The year 2018 marks the seventieth anniversary of two momentous events in twentieth-century history: the birth of the State of Israel and the creation of the Universal Declaration of Human Rights. Both remain tied together in the ongoing debates about the Israeli-Palestinian conflict, global antisemitism, and American foreign policy. Yet the surprising connections between Zionism and the origins of international human rights are completely unknown today. In this riveting account, James Loeffler explores this controversial history through the stories of five remarkable Jewish founders of international human rights, following them from the prewar shtetls of eastern Europe to the postwar United Nations, a journey that includes the Nuremberg and Eichmann trials, the founding of Amnesty International, and the UN resolution of 1975 labeling Zionism as racism. The result is a book that challenges long-held assumptions about the history of human rights and offers a startlingly new perspective on the roots of the Israeli-Palestinian conflict.
Download or read book The Jewish Political Tradition written by Michael Walzer and published by Yale University Press. This book was released on 2006-05-15 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book launches a landmark four-volume collaborative work exploring the political thought of the Jewish people from biblical times to the present. The texts and commentaries in Volume I address the basic question of who ought to rule the community."--Descripción del editor.
Download or read book Beyond the Two State Solution written by Yehouda Shenhav and published by John Wiley & Sons. This book was released on 2013-04-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over two decades, many liberals in Israel have attempted, with wide international support, to implement the two-state solution: Israel and Palestine, partitioned on the basis of the Green Line - that is, the line drawn by the 1949 Armistice Agreements that defined Israel’s borders until 1967, before Israel occupied the West Bank and Gaza following the Six-Day War. By going back to Israel’s pre-1967 borders, many people hope to restore Israel to what they imagine was its pristine, pre-occupation character and to provide a solid basis for a long-term solution to the Israeli-Palestinian conflict. In this original and controversial essay, Yehouda Shenhav argues that this vision is an illusion that ignores historical realities and offers no long-term solution. It fails to see that the real problem is that a state was created in most of Palestine in 1948 in which Jews are the privileged ethnic group, at the expense of the Palestinians - who also must live under a constant state of emergency. The issue will not be resolved by the two-state solution, which will do little for the millions of Palestinian refugees and will also require the uprooting of hundreds of thousands of Jews living across the Green Line. All these obstacles require a bolder rethinking of the issues: the Green Line should be abandoned and a new type of polity created on the complete territory of mandatory Palestine, with a new set of constitutional arrangements that address the rights of both Palestinians and Jews, including the settlers.
Download or read book What s Divine about Divine Law written by Christine Hayes and published by Princeton University Press. This book was released on 2017-05-09 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: How ancient thinkers grappled with competing conceptions of divine law In the thousand years before the rise of Islam, two radically diverse conceptions of what it means to say that a law is divine confronted one another with a force that reverberates to the present. What's Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition—Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis—struggled to make sense of this conflicting legacy. Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West. A stunning achievement in intellectual history, What's Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture.
Download or read book Legal Fictions written by Steven Fraade and published by BRILL. This book was released on 2011-05-10 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient Jewish writings combine interpretive narratives of Israel’s sacred history with legal prescriptions for a divinely ordered way of life. Two ancient Jewish societies have left us extensive textual corpora preserving interpenetrating legal and narrative interpretive teachings: the sectarian community of the Dead Sea Scrolls and the sage-disciple circles of the early Rabbis. This book comprises studies that explore specific aspects of the interplay of interpretative, narrative, and legal rhetoric with an eye to pedagogic function and social formation for each of these communities and for both of them in comparison. It addresses questions of how best to approach these writings for purposes of historical retrieval and reconstruction by recognizing the inseparability of literary-rhetorical textual analysis and a non-reductive historiography.
Download or read book Moral Resistance and Spiritual Authority written by Seth M. Limmer and published by CCAR Press. This book was released on 2019 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This foundational new book reminds us of our ancient obligation to bring justice to the world. The essays in this collection explore the spiritual underpinnings of our Jewish commitment to justice, using Jewish text and tradition, as well as contemporary sources and models. Among the topics covered are women's health, LGBTQ rights, healthcare, racial justice, speaking truth to power, and community organizing.
Download or read book Zionism written by Michael Stanislawski and published by Oxford University Press. This book was released on 2017 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Very Short Introduction discloses a history of Zionism from the origins of modern Jewish nationalism in the 1870's to the present. Michael Stanislawski provides a lucid and detached analysis of Zionism, focusing on its internal intellectual and ideological developments and divides"--
Download or read book The Politics of American Jews written by Herbert F. Weisberg and published by University of Michigan Press. This book was released on 2019-08-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jewish voting is distinctive and paradoxical. Stereotypes about the voting habits of American Jews include that they vote at unusually high levels, that they’re liberal, that they vote for Democratic candidates without regard to their self-interest, and that Israel is their most important issue. Not only are all of those claims wrong, but they obscure aspects of Jews’ voting behavior that are much more interesting. The Politics of American Jews uncovers new perspectives on Jews’ political choices by analyzing the unprecedented amount of survey data that is now available, including surveys that permit contrasting the voting of Jews with that of comparable non-Jews. The data suggest several mysteries about Jewish voting. While more Jews are Democrats than are liberals, there has not been a previous exploration of why more politically conservative Jews are not Republicans. A fresh picture of Jews’ political behaviors shows that Jews are no longer politically monolithic. They vote on the basis of their self-interest and their values, but not all Jews share the same self-interest or the same values. While most Jews have incorporated being Democratic and liberal into their political DNA, growing divisions in their ranks suggest a mutation could occur.
Download or read book Jewish Memory And the Cosmopolitan Order written by Natan Sznaider and published by Polity. This book was released on 2011-09-26 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natan Sznaider offers a highly original account of Jewish memory and politics before and after the Holocaust. It seeks to recover an aspect of Jewish identity that has been almost completely lost today - namely, that throughout much of their history Jews were both a nation and cosmopolitan, they lived in a constant tension between particularism and universalism. And it is precisely this tension, which Sznaider seeks to capture in his innovative conception of ‘rooted cosmopolitanism', that is increasingly the destiny of all peoples today. The book pays special attention to Jewish intellectuals who played an important role in advancing universal ideas out of their particular identities. The central figure in this respect is Hannah Arendt and her concern to build a better world out of the ashes of the Jewish catastrophe. The book demonstrates how particular Jewish affairs are connected to current concerns about cosmopolitan politics like human rights, genocide, international law and politics. Jewish identity and universalist human rights were born together, developed together and are still fundamentally connected. This book will appeal both to readers interested in Jewish history and memory and to anyone concerned with current debates about citizenship and cosmopolitanism in the modern world.
