Not bound by the law: Legal disobedience in Israeli society

2001 ◽  
Vol 19 (2) ◽  
pp. 265-283 ◽  
Author(s):  
Arye Rattner ◽  
Dana Yagil ◽  
Ami Pedahzur
Keyword(s):  
2015 ◽  
Vol 5 (3) ◽  
pp. 911-933
Author(s):  
Juliana Portenoy Schlesinger

Abstract Discrimination is a recurrent topic in the work of the Israeli-Arab writer Sayed Kashua. In the last couple of years, Sayed Kashua has moved away from writing about the prejudice expressed by his own Israeli Muslim community towards the Israeli Jewish population to focus his attention instead on the prejudice shown by Jews against Arabs in Israel. Self-criticism has always been a hallmark of Sayed Kashua's work so this shift indicates a significant change in the columnist's perception of his own society. Based on a survey of various issues relating to Israeli society, such as the law, the educational system and language, as well as a theoretical review of authors who observe a mutual alienation of Arabs and Jews in Israel, this article analyses several of Sayed Kashua's recent columns in the Israeli newspaper Haaretz. It also investigates how the author understands prejudice and, in a singular and surprising way, expresses his concerns and solutions to this problem.


2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.


2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.


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