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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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The History of Law in a Multi-cultural Society

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ISBN13: 9780754621454
ISBN: 0754621456
Published: March 2003
Publisher: Routledge
Format: Hardback
Price: Out of print

This path-breaking collection of essays on the history of Israel from a legal perspective, brings together the work of many distinguished Israeli legal historians. It focuses primarily on the impact of colonialism, nationalism and socialism on the law of Palestine and Israel between 1917 and 1967 and the topics examined in detail include: the role of law in the shaping of mandatory society, law and the Israeli-Palestinian conflicts, Israeli courts, the holocaust and the interaction of law and class in mandatory Palestine and Israel. The book also contains important historiographical essays by leading American legal historians, who offer reflections on the study of legal history in the American and Israeli context.;This is the first collection of essays that presents an in-depth picture of the rich, multi-faceted and complex phenomenon of Israeli legal history. It shows the role played by law in the Jewish-Arab struggle in Palestine and Israel as well as conflicts between different groups within the Israeli society. The book offers a unique survey of the legal history of Israel and also includes essays written by leading American legal historians in the area of comparative legal history.

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Part I Law under British rule: the national construction of a workers' moral community - Labour's informal justice in early mandate Palestine, David De Vries; Colonialism, nationalism and legal education - the case of mandatory Palestine, Assaf Likhovski; the dialectics of Zionism and democracy in the law f Mandatory Palestine, Yoram Shachar; the Hebrew law of peace - the demise of law-as-culture in early mandate palestine, Ronrn Shamir. Part II the Israel Supreme Court: breaking the acoustic wall between the Kastner and Eichmann trials, Leora Bilsky; the pains and gains of writing biography - reflections on writing the biography of Chied Justice Simon Agranat, Pnina Lajav; law and culture in Israel - the 1950s and the 1980s, Menachem Mautner. Part III Law and power: legitimizing imprisonment for debt - lawyers, judges and legislators, Ron Harris; mass immigration, housing supply and Supreme Court jurisprudence of land expropriarion in early statehood, Yifat Holzman-Gazit; the Jewish state and the Arab posessor - 1948-1967, Alexandre Kedar. Part IV A view from within: Israeli legal history, Aharon Barak. Part V Perspectives from abroad: property and power in American legal history, William W. Fisher III; legal history - Israel and the United States - some remarks, Lawrence M. Friedman; writing legal history in a post-formalist world, Morton J. Horowitz.