Israel Law: Components and Trends

1966 ◽  
Vol 1 (3) ◽  
pp. 380-395 ◽  
Author(s):  
S. Ginossar

Interest in the legal system of Israel is enhanced by the circumstances in which the new State came into being.The circumstances of place are peculiar, in that the territory of Israel is situated at the cross-roads of two continents and at the very focus of movements of upheaval by which they are both so deeply stirred.No less unusual are the circumstances of time. The proclamation of independence, for all its novelty, was not in the nature of a birth certificate, but rather of an official record of resurrection witnessed after a hiatus of close on two thousand years. No other people, so it seems, better demonstrates the adage that a nation's history is reflected in its institutions. Driven into exile and scattered to every corner of the earth for so many generations, it is now retrieving its identity in a supreme effort of reunion in its never-forgotten home-land. In the meantime, the fund of experience accumulated during the great dispersion has left its mark on the individuality of every immigrant, so that in many respects the mental attitude of the population is as variegated as the rainbow.

1979 ◽  
Vol 9 (3) ◽  
pp. 387-412
Author(s):  
John McMurtry

“If thou go on the left hand, thou shalt in this way be soon essayed.”Words on the Cross to Sir Galahad, The Holy Grail, by Thomas Malory, Chapter XIIWords on the Cross to Sir Galahad,The Holy Grail, by Thomas Malory, Chapter XIIThough left and right are fundamental terms of our social and political vocabulary, perhaps indeed the ultimate dividing concepts of ways of life on the earth today, their meaning seems to be as obscure as their application is ubiquitous.


2021 ◽  
Vol 77 (4) ◽  
Author(s):  
Constantin H. Oancea

The article examines the interpretation of the Scripture in Byzantine hymnography during the Great Lent. Some notable recent contributions focus on Andrew of Crete’s and Romanos the Melodist’s compositions, illustrating the hymnographic way of understanding the Scriptures. The author of this study presents a selection of stanzas from hymns of the Triodion that refer to the trees of Paradise. Hymnography perceives the trees in Genesis 2–3 in direct connection with the cross. Only rarely is the tree of life a metaphor for Jesus, as the shadow of the tree of the cross is seldom a metaphor for protection. Another interesting aspect in relation to hymnography is the fact that it represents a type of intertextual exegesis of biblical texts. Hymnographers interpret passages from Genesis by using texts from Psalms, Prophets and especially from the New Testament, combining images and biblical texts in the depiction of liturgical moments.Contribution: Compared with previous research, this article discusses some rare hymnographic interpretations (shadow of the cross; cross in the middle of the earth). The analysis accentuates that the hymnic approach to the Scripture is a form of intertextual exegesis.


Author(s):  
Wojciech Engelking

Abstract The paper is an attempt to examine how Carl Schmitt's constitutional theory can be useful to analyse the Constitution of the State of Israel designed in the late 1940s – the impact of which Jacob Taubes once certified. The author analyses three projects created then by Leo Kohn through the prism of Schmitt's concept of Verfassung and Verfassungsgesetz. He also reads in the context of Schmitt's philosophy (from Constitutional Theory and The Nomos of the Earth) the constitutional situation of Israel as a country where, first, the Constitution has not been passed and the basic matter of its legal system is regulated by the Basic Laws; second, citizens of Arab origin are excluded from the national community; and third, the borders of the state remain fluid and change due to the constant partition of the land.


Author(s):  
Ernst Fraenkel

This chapter looks at the prerogative state in more detail. The whole of the German legal system, it shows, became an instrument of the political authorities. It looks at the birth certificate case in Germany at that time where hundreds of birth certificates were issued in accordance with the provisions of the law. Normal life, it explains, was ruled by legal norms. The chapter then questions the history and the notion of the totalitarian state and relates it to the case of late 1930s Germany.


2018 ◽  
Vol 1 (1) ◽  
pp. 49-70
Author(s):  
Francesco Flaviano Russo

Abstract Many entrepreneurs work informally because it is costly to start and run a business legally. Using a dynamic model of industry equilibrium, I show that the costs of the legal system can explain the cross country variability of the size of the informal economy. The model implies that the business start-up costs are more important than taxes and labor market regulations. Small, less productive, entrepreneurs, facing high entry costs, start informally, waiting to become more productive before legalizing. Informality is often the doorstep of the legal system.


2012 ◽  
Vol 27 (2) ◽  
pp. 273-328
Author(s):  
Haim Shapira

One of the most striking images of God, both in the Bible and in Jewish tradition generally, is that of judge: “The judge of all the earth.” In this sense, one may describe God as He who holds in His hands all legal authority: He is the legislator, He is the judge, and He is the one who executes judgment. Alongside God's judgment, the Bible recognizes the existence of a human system of judgment, in which human beings act as judges; indeed, it even commands it: “You shall appoint judges and officers in all your gates.” What is the relation between God, the judge of all the earth, and those human beings who fulfill the function of judges? The majority of classical Jewish sources in the Bible and in Rabbinic literature that deal with law and the legal system reflect a certain relationship between human judgment and divine justice. Thus, we find in the Bible the notion that God emanates His authority to the judges who perform this function. In this spirit, Moses commands the judges whom he has appointed: “judge righteously… for the judgment is God's.” The relation assumed here between God and human judgment finds expression in different ways, extending over a considerable spectrum. At one end, one might describe God as the transcendent source of authority of the legal system, whose practical significance is limited. On the other end, one might describe it as a Divine Presence that inspires the judges and even allows them to appeal to God and to involve Him in the legal decision.


2021 ◽  
Author(s):  
Arnaud PATURET

Under the Ancien Régime in France, the individual was inserted into a legal system of binary classification shaped around masculinity and femininity already used in earlier periods. Roman jurists and after them the medieval canonists refuted the proven existence of both male and female sexes in one body and such an orientation continued in the West under the Ancien Régime. During these times, this physiological feature was assimilated to deviant and condemnable sexual behaviours. The study of several trials against hermaphrodites shows the social embarrassment caused by sexual ambivalent. This strange physiognomy was enough to suggest he was a criminal or a debauchee. Nowadays, French legal system is fortunately milder but remains organized around a unique and defined sex as stated in the birth certificate. Therefore it fails to recognize the concept of third gender. A mental revolution has to rise on this point.


Author(s):  
Joanna Pozzulo

This chapter discusses familiarity from a social psychological lens. The chapter provides a basis in theory for beginning to understand the concept of familiarity, how it may be studied, and factors that impact familiarity outside of an eyewitness-specific context. For example, it takes a social psychological perspective on how familiarity is developed through interactions, proximity, similarity, and inclusive pronouns. In addition, the chapter discusses how familiarity can play a role in both the development and maintenance of stereotypes. It discusses specific stereotypes, such as gender stereotypes/bias, stereotypical behaviors, and stereotypes in general. Last, the chapter applies these social psychological perspectives on familiarity when it is applied to the legal system. It discusses the cross-race effect, in-groups and out-groups, and Stockholm syndrome.


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