Halakha and the Challenge of Israeli Sovereignty examines the issues surrounding national, political, and religious sovereignty from the vantage point of halakha and its evolution. The work analyzes the efforts of the interpretative communities who adhered to halakha—the rabbinical authorities—as well as other groups who endeavored to help or to change it: the Jewish jurists in Eretz Israel who sought to integrate sections of halakha into the Jewish collective; and the religious academics who wanted more meaningful recognition of halakha in non-halakhic values. The assessment extends from the beginning of the Jewish national movement in the last two decades of the 19th century to the first two decades of the State of Israel, when weighty problems arose that required a halakhic response to the challenge of sovereignty. In this, the volume sheds light on the pliable nature of the concept of halakha, particularly in conjunction with its application to the notion of sovereignty.

A comparative legal history of Jewish sovereignty and religious freedom, illuminating the surprising ways that collective and individual rights have evolved over the past two centuries It is a common assumption that in Israel, Jews have sovereignty, and in most other places where Jews live today, they have religious freedom instead. As Simon Rabinovitch shows in this original work, the situation is much more complicated. Jews today possess different kinds of legal rights in states around the world; some stem from religious freedom protections, and others evolved from a longer history of Jewish autonomy. By comparing conflicts between Jewish collective and individual rights in courts and laws across the globe, from the French Revolution to today, this book provides a nuanced legal history of Jewish sovereignty and religious freedom. Rabinovitch weaves key themes in Jewish legal history with the individual stories of litigants, exploring ideas about citizenship and belonging; who is a Jew; what makes a Jewish family; and how to define Jewish space. He uses recent court cases to explore problems of conflicting rights, and then situates each case in a wider historical context. This unique comparative history creates a global picture of modern legal development in which Jews continue to use the law to carve out surprising forms of sovereignty.

Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.

Who are Haredim? And why are they the source of both increasing attention and continuing misunderstanding? New Trends in the Study of Haredi Culture and Society draws on the innovative research of leading scholars from a variety of disciplines—including history, religious studies, demography, linguistics, and geography—to trace the growing prominence of Haredi (often called ultra-Orthodox) Jews in Jewish life. Haredi Jews are committed to preserving a measure of segregation from the rest of society consistent with the guiding principles of their forebears; yet increasingly, they are appearing more visibly and assertively in public spaces. Demographic analysis suggests that they will constitute a much larger share—nearly one-quarter—of the world Jewish population over the next twenty years. By examining the evolution of political, cultural, and social trends in Haredi communities across the globe, this interdisciplinary and transnational volume sheds important light both on Haredi communities and on the societies of which they are part.

The life and politics of an American Jewish activist who preached radical and violent means to Jewish survival Meir Kahane came of age amid the radical politics of the counterculture, becoming a militant voice of protest against Jewish liberalism. Kahane founded the Jewish Defense League in 1968, declaring that Jews must protect themselves by any means necessary. He immigrated to Israel in 1971, where he founded KACH, an ultranationalist and racist political party. He would die by assassination in 1990. Shaul Magid provides an in-depth look at this controversial figure, showing how the postwar American experience shaped his life and political thought. Magid sheds new light on Kahane’s radical political views, his critique of liberalism, and his use of the “grammar of race” as a tool to promote Jewish pride. He discusses Kahane’s theory of violence as a mechanism to assure Jewish safety, and traces how his Zionism evolved from a fervent support of Israel to a belief that the Zionist project had failed. Magid examines how tradition and classical Jewish texts profoundly influenced Kahane’s thought later in life, and argues that Kahane’s enduring legacy lies not in his Israeli career but in the challenge he posed to the liberalism and assimilatory project of the postwar American Jewish establishment. This incisive book shows how Kahane was a quintessentially American figure, one who adopted the radicalism of the militant Left as a tenet of Jewish survival.

Ze’ev Jawitz (1847–1924) was one of the foremost intellectuals of the First Aliyah and a leader of the religious faction within the Hibbat Zion movement and the Zionist Organization. During his life he experienced the transition from living in the Diaspora to settling in the homeland, and he faced complex problems along with rare opportunities. The Life and Thought of Ze’ev Jawitz: “To Cultivate a Hebrew Culture” is based on rich archival material, most of which has never been published. It moves along two axes: historically, it follows Jawitz’s life through the places where he lived: Jerusalem, Russia, Germany and England, and intellectually, it analyzes Jawitz’s literary and philosophical work against the backdrop of his time.

The One State Reality argues that a one state reality already predominates in the territories controlled by the state of Israel. The editors show that starting with the one state reality rather than hoping for a two state solution reshapes how we regard the conflict, what we consider acceptable and unacceptable solutions, and how we discuss difficult normative questions. The One State Reality forces a reconsideration of foundational concepts such as state, sovereignty, and nation; encourages different readings of history; shifts conversation about solutions from two states to alternatives that borrow from other political contexts; and provides context for confronting uncomfortable questions such as whether Israel/Palestine is an "apartheid state."

"This book is about the attempt of Orthodox Jewish Zionists to implement traditional Jewish law (halakha) as the law of the State of Israel. These religious Zionists began their quest for a halakhic sate immediately after Israel's establishment in 1948 and competed for legal supremacy with the majority of Israeli Jews who wanted Israel to be a secular democracy. Although Israel never became a halachic state, the conflict over legal authority became the backdrop for a pervasive culture war, whose consequences are felt throughout Israeli society until today. The book traces the origins of the legal ideology of religious Zionists and shows how it emerged in the middle of the twentieth century. It further shows that the ideology, far from being endemic to Jewish religious tradition as its proponents claim, is a version of modern European jurisprudence, in which a centralized state asserts total control over the legal hierarchy within its borders. The book shows how the adoption (conscious or not) of modern jurisprudence has shaped religious attitudes to many aspects of Israeli society and politics, created an ongoing antagonism with the state's civil courts, and led to the creation of a new and increasingly powerful state rabbinate. This account is placed into wider conversations about the place of religion in democracies and the fate of secularism in the modern world. It concludes with suggestions about how a better knowledge of the history of religion and law in Israel may help ease tensions between its religious and secular citizens"--

The war on terrorism, say America's leaders, is a war of Good versus Evil. But in the minds of the perpetrators, the September 11 attacks on New York and Washington were presumably justified as ethically good acts against American evil. Is such polarization leading to a violent "clash of civilizations" or can differences between ethical systems be reconciled through rational dialogue? This book provides an extraordinary resource for thinking clearly about the diverse ways in which humans see good and evil. In nine essays and responses, leading thinkers ask how ethical pluralism can be understood by classical liberalism, liberal-egalitarianism, critical theory, feminism, natural law, Confucianism, Islam, Judaism, and Christianity. Each essay addresses five questions: Is the ideal society ethically uniform or diverse? Should the state protect, ban, or otherwise intervene in ethically based differences? How should disagreements on the rights and duties of citizens be dealt with? Should the state regulate life-and-death decisions such as euthanasia? To what extent should conflicting views on sexual relationships be accommodated? This book shows that contentious questions can be discussed with both incisiveness and civility. The editors provide the introduction and Donald Moon, the conclusion. The contributors are Brian Barry, Joseph Boyle, Simone Chambers, Joseph Chan, Christine Di Stefano, Dale F. Eickelman, Menachem Fisch, William Galston, John Haldane, Chandran Kukathas, David Little, Muhammad Khalid Masud, Carole Pateman, William F. Scheuerman, Adam B. Seligman, James W. Skillen, James Tully, and Lee H. Yearley.

Today, law is no longer homogenous or unquestioned. Different overlapping legal systems constantly interfere with one another, both on an international level, in complex transnational contexts such as the European Union or human rights law, but also in the context of cultural diversity or conflicts between religious norms and civil institutions, between minorities and the power of the state. On the other hand, the neutrality of law is also under growing pressure, be it from different global transnational players, or from within nation states where calls are made to adapt law to the will of "the people." The heated European debate on the "refugee crisis" has made it manifest that law is more necessary than ever and yet fundamentally contested, perhaps even caught in contradictions and self-limitations. At the same time, the current perspective on legal problems allows us to address issues of diversity and the role of Europe in the globalized world more clearly. The articles of this book take these recent developments and debates as a starting point to discuss from the perspective of different disciplines the pressing question of how to live together in the new millennium and how to figure the long history of law before, besides, and after the dominant paradigm of state law.