Law and the culture of Israel / Menachem Mautner.
- Oxford : Oxford University Press, 
1 online resource (551 p.)
- Israel. Bet ha-mishpaṭ ha-ʻelyon.
Law -- Israel.
Culture and law.
Religion and law -- Israel.
Law -- Political aspects -- Israel.
Law -- Social aspects -- Israel.
Israel -- Civilization.
Israel -- Religion.
- Electronic books.
- Menachem Mautner offers a compelling account of Israeli law as a site for the struggle over the shaping of Israeli culture. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. The struggle between secular and religious Jews has been partof the life of the Jewish people in the past 300 years. It resurged in the 1970s with the rise of religious funda
- Cover; Title Page; Copyright Page; Dedication; Contents; Preface; Introduction; 1. Zionism and the Evolving New Culture; A. The Rise of the Jewish Enlightenment; B. Zionist Thought on the Culture of the Evolving Society in Eretz Israel; C. The Culture that Evolved in Eretz Israel in the First Half of the Twentieth Century; D. Conclusion; 2. The Cultural Struggles Over the Shaping of the Law; A. The Attempt to Create a Linkage between Israeli Law and the Halakhah: The Movement for the Revival of Hebrew Law; B. The Anglicization and Liberalization of the Law
C. The Foundations of Law Statute and the Place of 'Israel's Heritage' in Israeli LawD. The Basic Laws of 1992 and the Definition of Israel as a 'Jewish and Democratic State'; E. Conclusion; 3. From Judicial Restraint to Judicial Activism; A. The Concept of Judicial Activism and the Rise of the Court's Activism; B. Doctrines Regulating Petitioning to the High Court of Justice; C. Substantive Law Doctrines; 4. The Decline of Formalism and the Rise of Values; A. Legal Formalism; B. Legal Formalism in Israeli Law; C. The 1950s Jurisprudence of the Supreme Court in a Cultural Context
D. The 1980s and the 1990s: The Decline of Formalism and the Rise of Values in Israeli LawE. Changes in the Perception of the Court's Role in the 1980s and 1990s; 5. From Hegemony to War of Cultures; A. Introduction; B. The Decline in the Hegemony of the Labor Movement; C. Anxiety; D. The Jurisprudence of the Supreme Court in the 1980s and 1990s in Light of the Transition to a Post-Hegemonic Situation; 6. The Supreme Court and the Future of Liberalism; A. The Court's Two-Front Struggle; B. Rethinking the Court's Judicial Activism; 7. Israel as a Multicultural State
A. Israel's Multicultural ConditionB. The Unique Traits of Israel's Multiculturalism; C. The Schism between Jews and Arabs; 8. Law and Culture in the Coming Decades; A. Political Liberalism; B. Defining the State's Identity: 'A Jewish State'; C. Defining the State's Identity: Making Room for the Arab Citizens; D. A New Equilibrium between Uniformity and Diversity; Conclusion; Bibliography; Index; Notes
- Description based upon print version of record.
Includes bibliographical references (pages -259) and index.
Description based on print version record.
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