e-journal

Law in Light of Zionism: A Comparative View

---

The article is a conceptual analysis of the challenges Zionism has faced in forging a coherent relationship among nation, state, and law within both secular and religious legal circles. According to classical theories about the relationship of nation to law, the nation gives birth to the state and the state’s task is to generate law reflecting the values of the nation. Yet,precisely who is the nation and what its values are has proved an exceedingly difficult question to answer, given Zionism’s ambivalent relationship to the Jewish past. Thus, in contrast to merican constitutional practice, where one can identify a clear point of origin for that mythic body termed “We the People”, no comparably clear point of origin exists in the Israeli context. This dilemma partially explains the turn to Knesset legislation as the transhistorical manifestation of the Jewish people. Forging a conceptually coherent account of the relationship among law (halakha), nation, and state is also a challenge within religious Zionist circles. Indeed, a crux of the debate between Haredi and Religious Zionist legal circles is precisely
whether there exists such a thing as an independent Jewish nation, entitled to independent legal rights under the halakha, and whose continued unity the halakha should foster, or whether the halakha, like the state in the liberal model of law, supersedes the nation and is the exclusive national definition of the people and the sole glue holding them together. Israel’s “constitutional revolution” is now 21 years old. Of
course, Israel does not have a written Constitution, and periodically various groups within Israeli society continue to draft proposed onstitutions. But, in 1992, on the heels of the enactment of the two Basic Laws of 1992 (Basic

---

Ketersediaan

Tidak ada salinan data

Informasi Detail

Judul Seri

israel studies

No. Panggil

-

Penerbit

: Indiana University Press., 1992

Deskripsi Fisik

israel studies, volume 19 number 2

Bahasa

English

ISBN/ISSN

-

Klasifikasi

-

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM

Info Detail Spesifik

-

Pernyataan Tanggungjawab

hasnidar

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar