Law and the Transformation of Israeli Society

Document Type

Article

Publication Date

Fall 1998

ISSN

1527-201x

Publisher

Indiana University Press

Language

en-US

Abstract

AT FIFTY, ISRAELI LAW IS bursting with judicial and scholarly activity and creativity. Up until the 1970s, scholars were content, even proud, to present to the world learned treatises on the state of the positive law. Known as "Kommentars" (a German term), these treatises—typically dry and technical—offered meticulous analyses of the available case law in Israel, as well as summaries of the relevant comparative law. The judiciary was treated reverentially ("with all due respect we differ from the reasons submitted by the honorable judge . . .") and social and political contexts were generally ignored. Judicial opinions, with relatively few exceptions, were short and succinct, full of deferential language or precedents at home and abroad and deficient of normative or policy arguments.

Comments

Guest editor with an Introduction.

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