Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-l7hp2 Total loading time: 0 Render date: 2024-11-26T04:08:57.935Z Has data issue: false hasContentIssue false

4 - Why a Jewish-Hebrew System of Law Was Not Instituted at Independence

from Part I - Seeking to Fashion National Law

Published online by Cambridge University Press:  24 October 2019

Nir Kedar
Affiliation:
Bar-Ilan University, Israel
Get access

Summary

Chapter 4 analyzes abortive attempts to create a national Jewish system of law at the founding of the state. Under the circumstances of the 1948 Jewish-Arab War, the advocates of Hebrew law realized that it would not be possible to institute a comprehensive legal system based on Jewish-Hebrew foundations. Three options thus remained on the table. The first was to legislate as many laws based on Jewish-Hebrew law as possible, or at least to add Jewish-Hebrew chapters or sections to existing laws. The second was to insert into the new country’s declaration of independence or constitution, when they were drafted, a general declaration that Jewish-Hebrew law would be a principal source of legislation for the new country. The third was to have Hebrew law serve as the country’s residual law, meaning that it would apply in cases where there was a legal lacuna. Eventually the young state did not adopt any of these options choosing, at its founding, to circumvent the dispute that would be involved in grounding Jewish-Israeli identity in law.

Type
Chapter
Information
Law and Identity in Israel
A Century of Debate
, pp. 63 - 73
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×