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Author: Menachem Lorberbaum
Publisher: Stanford University Press
ISBN: 0804780048
Category : Religion
Languages : en
Pages : 232
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Book Description
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.
Author: Menachem Lorberbaum
Publisher: Stanford University Press
ISBN: 0804780048
Category : Religion
Languages : en
Pages : 232
Get Book Here
Book Description
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.
Author: Daniel Judah Elazar
Publisher: Jewish Publication Society
ISBN: 1590450671
Category : Jews
Languages : en
Pages : 512
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Book Description
Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405
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Book Description
“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
Author: Mazen Masri
Publisher: Bloomsbury Publishing
ISBN: 1509902538
Category : Law
Languages : en
Pages : 257
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Book Description
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.
Author: Simon Rabinovitch
Publisher: Hebrew Union College Press
ISBN: 0878201637
Category : History
Languages : en
Pages : 428
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Book Description
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.
Author: James Loeffler
Publisher: Yale University Press
ISBN: 0300217242
Category : History
Languages : en
Pages : 384
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Book Description
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.
Author: Asher Cohen
Publisher: JHU Press
ISBN: 9780801863455
Category : History
Languages : en
Pages : 180
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Book Description
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.
Author: Alexander Kaye
Publisher:
ISBN: 0190922745
Category : History
Languages : en
Pages : 281
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Book Description
The Invention of Jewish Theocracy explains why the idea of halakhic state - a demand that Israel should be governed by the law of the Torah - emerged, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking a schism between secular politics and religious fundamentalism. The book engages with contemporary debates on global human rights, the role of religion in Middle East conflict, and the long-term consequences of European imperialism.
Author: Christine Hayes
Publisher: Cambridge University Press
ISBN: 1107036151
Category : Law
Languages : en
Pages : 439
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Book Description
The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.
Author: Michael Walzer
Publisher: Yale University Press
ISBN: 9780300115734
Category : Political Science
Languages : en
Pages : 664
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Book Description
"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.
