Law and the Culture of Israel

Hardcover | February 27, 2011

byMenachem Mautner

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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, areligious 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 part of the life of the Jewish people in the past 300 years. It resurged in the 1970s with the rise ofreligious fundamentalism and the decline of the political and cultural hegemony of the Labor movement. The secular group reacted by shifting much of its political action to the Supreme Court which since the establishment of the state has been the state organ most identified with entrenching liberalvalues in the country's political culture. In a short span of time in the early 1980s the Court effected extensive changes in its jurisprudence, most strikingly adoption of sweeping judicial activism which is widely regarded as the most far-reaching in the world. The Court's activism provided the secular group with the means for interveningin decisions of the state branches over which the group had lost control. With Arabs being a fifth of the country's population, an additional divide in Israel is that between Jews and Arabs. Drawing on notions of multiculturalism, political liberalism and republicanism, the book offers freshinsights as to how to manage Israel's divisive situation.

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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, areligious group wishes to associate Israeli cultu...

Menachem Mautner is the Danielle Rubinstein Professor of Comparative Civil Law and Jurisprudence at the Tel Aviv University, Faculty of Law. He was Dean of the Faculty. Mautner teaches courses in the areas of law and culture, multiculturalism and contract law, and was awarded the 'Zeltner Prize for Excellence in the Law' and the Tel A...
Format:HardcoverDimensions:312 pages, 9.21 × 6.14 × 0.1 inPublished:February 27, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199600562

ISBN - 13:9780199600564

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Table of Contents

Introduction1. Zionism and the Evolving New Culture in Eretz Israel (Palestine)2. The Cultural Struggle Over the Shaping of the Law of the Jewish Society in Eretz Israel (Palestine) and in the State of Israel3. From Judicial Restraint to Judicial Activism4. The Decline of Formalism and the Rise of Values5. From Hegemony to Multiculturalism: Law and Culture in a Polarized Society6. The Supreme Court and the Future of Liberalism in Israel7. Law and Culture in Israel in the Coming DecadesConclusionBibliography