TY - BOOK
T1 - Facing painful choices
T2 - Law and Halakhah in Israeli society
AU - Stern, Yedidia Z
AU - שטרן, ידידיה צ
N1 - Also available in Hebrew (see system number 990000321850204226)
PY - 2003
Y1 - 2003
N2 - Jewish life in Israel is deeply affected by both Western-liberal civilization and Jewish-traditional civilization.The question of how to function in a reality of dual cultural commitments affects the cohesion of Israeli society and its ability to survive.Different Jewish communities endorse different strategies to cope with cultural duality: the religious choose compartmentalization (avoidance); the ultra-Orthodox alienation (withdrawal); and the secularists abdication (oblivion). All three strategies are equally ineffective, and none offers an inclusive model that integrates both cultures.As a result of the intercultural tension, there has been increasing recourse to the law: state law vs. halakhic law. Each group—secular and religious—seeks to validate its inner identity and end the cultural struggle through judicial decisions. The "lawlization" and "halakhization" of Israeli society allows each side to twist the arm of the cultural "other" while absolving itself of any responsibility for the aggressive and intolerant connotations of this act.This position paper engages in a parallel analysis of the use of state and halakhic law in Israel, revealing that the two legal systems have contrary attitudes to values. Despite their opposite approaches, both adopt a clear rhetoric of judicial imperialism, both consider their theoretical and practical scope as all-inclusive, and both claim exclusivity in the regulation of reality. --
AB - Jewish life in Israel is deeply affected by both Western-liberal civilization and Jewish-traditional civilization.The question of how to function in a reality of dual cultural commitments affects the cohesion of Israeli society and its ability to survive.Different Jewish communities endorse different strategies to cope with cultural duality: the religious choose compartmentalization (avoidance); the ultra-Orthodox alienation (withdrawal); and the secularists abdication (oblivion). All three strategies are equally ineffective, and none offers an inclusive model that integrates both cultures.As a result of the intercultural tension, there has been increasing recourse to the law: state law vs. halakhic law. Each group—secular and religious—seeks to validate its inner identity and end the cultural struggle through judicial decisions. The "lawlization" and "halakhization" of Israeli society allows each side to twist the arm of the cultural "other" while absolving itself of any responsibility for the aggressive and intolerant connotations of this act.This position paper engages in a parallel analysis of the use of state and halakhic law in Israel, revealing that the two legal systems have contrary attitudes to values. Despite their opposite approaches, both adopt a clear rhetoric of judicial imperialism, both consider their theoretical and practical scope as all-inclusive, and both claim exclusivity in the regulation of reality. --
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SN - 9657091527
SN - 9789657091524
T3 - State, law and halakha
BT - Facing painful choices
PB - The Israeli Democracy Institute
CY - Jerusalem
ER -