DOCSLIB.ORG

Education Policy at a Crossroads Between Change and Continuity: 'Aucation in Israel in the Past Decade

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Education Policy at a Crossroads Between Change and Continuity: 'Aucation in Israel in the Past Decade DOCUMENT RESUME ED 378 093 SO 024 372 AUTHOR Gaziel, Haim TITLE Education Policy at a Crossroads between Change and Continuity: 'Aucation in Israel in the Past Decade. INSTITUTION Institute for the Study of Educational Systems, Jerusalem (Israel). REPORT NO ISBN-965-476-000-2 PUB DATE Dec 93 NOTE 134p.; For a related document, see SO 024 371. AVAILABLE FROMInstitute for the Study of Educational Systems, Beit Milken, 13 Tel-Hai Street, Jerusalem, Israel 92107. PUB TYPE Reports Research/Technical (143) 'MRS PRICE MF01/PC06 Plus Postage. DESCRIPTORS Democracy; *Educational Change; .*Educational Policy; Educational Trends; Elementary Secondary Education; *Equal Education; Ethnic Groups; Foreign Countries; Technical Education; *Values IDENTIFIERS *Israel ABSTRACT The Institute for the Study of Educational Systems has from its inception set itself the goal of analyzing all aspects of the Israeli education system in the 1980s as the basis for follow-up studi.a on subjects of concern to the system's decision makers. This research report is intended to complete the analysis of the trends in the education budgets of the 1980s carried out in a previous study. That report examined how the allocation of resources to education reflects the policy of the government and local authorities and expresses national and local priorities and the various manifestations of the decline in the level of education services. When combined with that report, this monograph, which monitors the changes in education policy over the last decade and analyzes the motivations behind the pronouncements and decisions of the system's policymakers, unfolds a comprehensive picture of education in Israel, its problems, structure, sectors, and trends. Divided into five chapters, chapter 1 discusses efficiency as an economic value versus equality as a social value, equality in education, educational equality versus educational elitism, and educational choice as a basis for education policy. Chapter 2 describes the landmarks of education policy in Israel, the strategies of formal equality, differential resources, and reform and integration in education. Chapter 3 focuses on the conflicting aims of the previous decade, describing state religious education, technological education, education reform, and Arab education. Chapter 4 describes what actually took place in the decade. Chapter 5 discusses trends for the future.(DK) *********************************************************************** Reproductions supplied by EDRS are the best that can be made * * from the original document. *********************************************************************** U.S. DEPARTMENT OF EDUCATION 113)n 3-11D1vr3 ipn5 Office of Educahonsl Research and tmwovarnent EDUCATIONAL RESOURCES INFORMATION Institute for the CENTER (ERIC/ This document has been reproduced as Study of *wed from the person or orgaruzahon Educational onahng at I P"Pl,S 0 Minor changes have been made to improve S Systems rproducton lushly Pofnts of wave or opmoons stolid m tens docu- ment do not necesserdy represent Oboist OE RI posihon « 006CY ce) "PERMISSION TO REPRODUCE THIS O MATERIAL HAS BEEN GRANTED BY 03 1 NA- a V_kfz-c-> Lo 0 kb TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC).- F,D[C \-11.44N POLICY AT \ CROSSRO \DS BETWEEN CHANGE AND ('ON-1-IM 1:1),LCATION IN ISBN / L IN THE PAS] 1)11(:,\DI; Haim Gaziel, Ph.D. Prof. Daniel J. Elazar Zvi R. Marom Academic Director Director-General BEST COPY AVAILABLE A joint project of the Jerusalem Center for Public Affairs and the Foundation.(11 111%. I .tholie- 113)n 311-lyn 1pn5 ppn StudyInstitute for of the Educational ISSystems EDUCATION POHCY AT A-CROSSROADSBETWEEN CHANGE AND CONTINUITY: EDUCATION IN ISRAELIN .1111: PAST DECADE Haim Gaziel, Ph.D. Prof. Daniel J. Elazar Zvi R. Marom Academic Director Director-General Jerusalem, December 1993 A joint project of the Jerusalem Center for PublicAffairs and the Foundations of the Milken Families 3 ISBN 965-476-000-2 4 ISES Institute for the Study of Educational Systems ISES - the Institute for the Study of Educational Systems- is a joint venture of the Jerusalem Center for Public Affairs and the "Foundations of the Milken Families. The establishment of this new, separately incorporated institute was made possible by a generous grant from the Foundations of the Milken Families,.The aim of the institute is to conduct applied research on educational problems from a systematic perspective to better deal with the educational needs of the 21st century. Members of the Board: Mrs. Metuka Benjamin, Principal - Stephen Wise Temple Schools * Prof. Daniel J. Elazar, President - Jerusalem Center for Public Affairs Dr. Aryeh Hecht, Director - The Institute for the Development of Educational and Welfare Structures * Dr. Julius Lesner, Executive Director- Foundations of the Milken Families * Mr. Zvi R. Marom, Director General- Jerusalem Center for Public Affairs * Mr. Lowell Milken, President - Foundations of the Milken Families Prof. Eliezer Schweid, Hebrew University, Vice-President of the JCPA Prof. Lewis C. Solmon, PresidentTh., Milken Institute for Job & Capital Formation, and Former Dean of the School of Education UCLA * Executive Committee Members Advisory Board: Israel:Prof. alter Ackerman, Ben-Gurion University Prof. Chaim Adler, Hebrew University Prof. Michael Chen, Tel-Aviv University Dr. Eliezer Marcus, Ministry of Education Prof. Rina Shapira, Tel-Aviv University U.S.: Prof. James S. Coleman, University of Chicago Prof. Lee Shulman, Stanford University- President of the World Union of Researchers in the Field of Education Address: Beit Milken Tel.: 02/619218 13 Tel-Hai Street Fax: 02/619112 Jerusalem 92107 Email:5005:GLI880 5 TABLE OF CONTENTS Preface 1 CHAPTER 1: DILEMMAS OF SHAPING EDUCATION POLICY IN A DEMOCRATIC SOCIETY 3 1.1Introduction 3 1.2 Value Dilemmas in Education Systems in a Democratic Society 5 Efficiency (as an Economic Value) versus Equality (as a Social Value) / Equality in Education / Educational Equality versus Educational Elitism / Educational Choice as a Basis for Education Policy: Does It Complement or Contradict Educational Equality 1.3 Summary 13 CHAPTER 2: EDUCATION POLICY IN ISRAEL: LANDMARKS 18 2.1Introduction 18 2.2 The First Strategy: Formal Equality 19 2.3 The Second Strategy: Differential Resources 21 2.4 The Third Strategy: Reform and Integration in Education 24 2.5 Conclusion 30 CHAPTER 3: EDUCATION POLICY IN THE PAST DECADE: MANEUVERING AMONG CONFLICTING AIMS 33 3.1General Introduction 33 The Free Secondary Education Law / Gray Education / Autonomous Schools / Special-Curriculum Schools 3.2 State-Religious Education: Moving Toward Integration within Special Curricula? 45 3.3 Technological Education at a Crossroads 53 Technological Education and Education Reforms / Technological Education Coping with Dilemmas / Technological Education: New Challenges / Summary 3.4 Trends of Change Arab Education: Evolution or Revolution? 62 Arab Education The Advancement Committees / Summary 6 CHAPTER 4: EDUCATION POLICY IN THE PAST DECADE: WHAT ACTUALLY HAPPENED 71 4.1Introduction 71 4.2 Education Policy in Terms of Numbers 71 4.3 The Downscaling of the Education Budget 72 The Budget Cuts in Real Terms / Manifestations of the Budget Cuts at the DWerent Educational Levels / The Effect of the Budget Cuts on Class Size and Density / The Effect of the Budget Cuts on Enrollment and Dropout Rates / Trends of Change in the Development Budget / The Effect of the Budget Cut on Per-Capita Education Expenditure by Local Authorities 4.4 Conclusion 80 4.5 The Education Budget and its Effects on Educational Equality 81 4.6 The Education Budget and its Effects on Educational Efficiency and Effectiveness 85 4.7 Education Policy as Reflected in Curricula 88 Introduction / The Curriculum and Education Policy: Complement or Contradiction? / Conclusion CHAPTER 5: EDUCATION POLICY IN ISRAEL: TRENDS FOR THE FUTURE 101 5.1General 101 5.2 Policy Trends in Israeli Education in the Next Decade 107 5.3Future Education Policy in Israel from the Research Perspective 111 5.4 Education Policy in Israel: Where To? 116 5.5 Proposal for Education System Reform 121 7 FOREWORD ISES, the Institute for the Study of Educational Systems, has from its inception set itself the goal of analyzing all aspects of the Israeli education system in the 1980s as the basis for follow-up studies on subjects of concern to the system's decision-makers as we approach the late 1990s and the twenty-first century. The present research report is intended to complete the analysis of the trends in the education budgets of the 1980s carried out by Dr. Shimon Rosevitz in a study published by ISES in July 1993. That report examined how the allocation of resources to education reflects the policy of the government and local authorities and expresses national and local priorities and the various manifestations of the decline in the level of education services. When combined with Dr. Rosevitz's report, this monograph, which monitors the changes in education policy over the last decade and analyzes the motivations behind the pronouncements and decisions of the system's policy-makers, unfolds a comprehensive picture of education in Israel its problems, structure, sectors, and trends. A summary of the last decade in education, with all its essential aspects, bears with it the lessons of tln future and may help cope with the challenges that the system faces today. Prof. Daniel J. Elazar 8 PREFACE This monograph analyzes education policy in Israel in the past decade, as
Load more

Recommended publications
  • Sefer Haner on Mesechet Bava Kamma,Benefits
    Sefer HaNer on Mesechet Bava Kamma Sefer HaNer on Mesechet Bava Kamma: A Review by:Rabbi Yosaif Mordechai Dubovick Not every important work written by a Rishon is blessed with popularity.[1] While many texts were available throughout the generations and utilized to their utmost; others were relegated to obscurity, being published as recently as this century, or even this year. Nearly a month doesn't pass without a "new" Rishon being made available to the public, and often enough in a critical edition. While each work must be evaluated on its own merit, as a whole, every commentary, every volume of Halachic rulings adds to our knowledge and Torah study.[2] From the Geonic era through the Rishonim, North Africa was blessed with flourishing Torah centers, Kairouan in Tunisia (800-1057),[3] Fostat (Old Cairo) in Egypt, and many smaller cities as well. Perhaps the crown jewel of "pre-Rambam" Torah study was the sefer Hilchot Alfasi by R' Yitchock Alfasi (the Rif).[4] Many Rishonim focused their novella around the study of Rif,[5] the Rambam taught Rif in lieu of Talmud,[6] and a pseudo-Rashi and Tosefot were developed to encompass the texts used and accompany its study.[7] In Aghmat, a little known city in Morocco, circa the Rambam's lifetime, rose up a little known Chacham whose work is invaluable in studying Rif, and by correlation, the Talmud Bavli as a whole. Yet, this Chacham was unheard of, for the most part, until the past half century. R' Zechariya b. Yehuda of Aghmat, authored a compendium of Geonim, Rishonim, and personal exegesis on Rif.
    [Show full text]
  • The Audacity of Holiness Orthodox Jewish Women’S Theater עַ זּוּת שֶׁ Israelבִּ קְ Inדוּשָׁ ה
    ׁׁ ְִֶַָּּּהבשות שעזּ Reina Rutlinger-Reiner The Audacity of Holiness Orthodox Jewish Women’s Theater ַעזּּו ֶׁת ש in Israelִּבְקּדו ָׁשה Translated by Jeffrey M. Green Cover photography: Avigail Reiner Book design: Bethany Wolfe Published with the support of: Dr. Phyllis Hammer The Hadassah-Brandeis Institute, Waltham, Massachusetts, USA Talpiot Academic College, Holon, Israel 2014 Contents Introduction 7 Chapter One: The Uniqueness of the Phenomenon 12 The Complexity of Orthodox Jewish Society in Israel 16 Chapter Two: General Survey of the Theater Groups 21 Theater among ultra-Orthodox Women 22 Born-again1 Actresses and Directors in Ultra-Orthodox Society 26 Theater Groups of National-Religious Women 31 The Settlements: The Forge of Orthodox Women’s Theater 38 Orthodox Women’s Theater Groups in the Cities 73 Orthodox Men’s Theater 79 Summary: “Is there such a thing as Orthodox women’s theater?” 80 Chapter Three: “The Right Hand Draws in, the Left Hand Pushes Away”: The Involvement of Rabbis in the Theater 84 Is Innovation Desirable According to the Torah? 84 Judaism and the Theater–a Fertile Stage in the Culture War 87 The Goal: Creation of a Theater “of Our Own” 88 Differences of Opinion 91 Asking the Rabbi: The Women’s Demand for Rabbinical Involvement 94 “Engaged Theater” or “Emasculated Theater”? 96 Developments in the Relations Between the Rabbis and the Artists 98 1 I use this term, which is laden with Christian connotations, with some trepidation. Here it refers to a large and varied group of people who were not brought up as Orthodox Jews but adopted Orthodoxy, often with great intensity, later in life.
    [Show full text]
  • Israel: Growing Pains at 60
    Viewpoints Special Edition Israel: Growing Pains at 60 The Middle East Institute Washington, DC Middle East Institute The mission of the Middle East Institute is to promote knowledge of the Middle East in Amer- ica and strengthen understanding of the United States by the people and governments of the region. For more than 60 years, MEI has dealt with the momentous events in the Middle East — from the birth of the state of Israel to the invasion of Iraq. Today, MEI is a foremost authority on contemporary Middle East issues. It pro- vides a vital forum for honest and open debate that attracts politicians, scholars, government officials, and policy experts from the US, Asia, Europe, and the Middle East. MEI enjoys wide access to political and business leaders in countries throughout the region. Along with information exchanges, facilities for research, objective analysis, and thoughtful commentary, MEI’s programs and publications help counter simplistic notions about the Middle East and America. We are at the forefront of private sector public diplomacy. Viewpoints are another MEI service to audiences interested in learning more about the complexities of issues affecting the Middle East and US rela- tions with the region. To learn more about the Middle East Institute, visit our website at http://www.mideasti.org The maps on pages 96-103 are copyright The Foundation for Middle East Peace. Our thanks to the Foundation for graciously allowing the inclusion of the maps in this publication. Cover photo in the top row, middle is © Tom Spender/IRIN, as is the photo in the bottom row, extreme left.
    [Show full text]
  • Aliyah and Settlement Process?
    Jewish Women in Pre-State Israel HBI SERIES ON JEWISH WOMEN Shulamit Reinharz, General Editor Joyce Antler, Associate Editor Sylvia Barack Fishman, Associate Editor The HBI Series on Jewish Women, created by the Hadassah-Brandeis Institute, pub- lishes a wide range of books by and about Jewish women in diverse contexts and time periods. Of interest to scholars and the educated public, the HBI Series on Jewish Women fills major gaps in Jewish Studies and in Women and Gender Studies as well as their intersection. For the complete list of books that are available in this series, please see www.upne.com and www.upne.com/series/BSJW.html. Ruth Kark, Margalit Shilo, and Galit Hasan-Rokem, editors, Jewish Women in Pre-State Israel: Life History, Politics, and Culture Tova Hartman, Feminism Encounters Traditional Judaism: Resistance and Accommodation Anne Lapidus Lerner, Eternally Eve: Images of Eve in the Hebrew Bible, Midrash, and Modern Jewish Poetry Margalit Shilo, Princess or Prisoner? Jewish Women in Jerusalem, 1840–1914 Marcia Falk, translator, The Song of Songs: Love Lyrics from the Bible Sylvia Barack Fishman, Double or Nothing? Jewish Families and Mixed Marriage Avraham Grossman, Pious and Rebellious: Jewish Women in Medieval Europe Iris Parush, Reading Jewish Women: Marginality and Modernization in Nineteenth-Century Eastern European Jewish Society Shulamit Reinharz and Mark A. Raider, editors, American Jewish Women and the Zionist Enterprise Tamar Ross, Expanding the Palace of Torah: Orthodoxy and Feminism Farideh Goldin, Wedding Song: Memoirs of an Iranian Jewish Woman Elizabeth Wyner Mark, editor, The Covenant of Circumcision: New Perspectives on an Ancient Jewish Rite Rochelle L.
    [Show full text]
  • 1 the Real Reason the Gaza War Broke
    The real reason the Gaza war broke out Adam Raz | Haaretz There’s no shortage of pieces in Haaretz based on the political theory that the great ones – to borrow from Bertolt Brecht – often slip on banana peels as they go about the work of government. Consider Haaretz’s Hebrew edition this past Wednesday: Columnist and business editor Sami Peretz explained to his readers that the current round of violence “began with a series of mistakes by the Israel Police” in Jerusalem. Senior Middle Eastern affairs analyst Zvi Bar’el wrote that “thanks to Israel’s mismanagement, Hamas identified an opportunity” to marginalize the Palestinian Authority. And top Military correspondent and defense analyst Amos Harel added that in recent days Israel “underestimated Hamas’ intentions and operational capabilities. But it’s possible that now the Hamas leadership in Gaza is making the same critical mistake.” Another Haaretz military correspondent, Yaniv Kubovich, reported on that same day that defense officials incorrectly believed that Hamas would be deterred from fighting, while chief intelligence and strategic affairs columnist Yossi Melman adopted Barbara Tuchman’s “March of Folly’’ thesis to explain how sometimes leaders act just plain foolishly. As Melman put it, the measures being taken now “violate the self-interest” of Benjamin Netanyahu. In other words, according to Wednesday’s Haaretz, the prime minister and Israel’s other decision-makers are, to put it crudely, thickheaded – as if they were making mistakes day in and day out. Mr. Melman, like other writers, insured himself against the risk that facts would emerge to destroy his thesis, so he added that we can’t rule out that “folly doesn’t apply to what’s happening to us right now.” Mr.
    [Show full text]
  • The Structure of Quarks and Leptons
    The Structure of Quarks and Leptons They have been , considered the elementary particles ofmatter, but instead they may consist of still smaller entities confjned within a volume less than a thousandth the size of a proton by Haim Harari n the past 100 years the search for the the quark model that brought relief. In imagination: they suggest a way of I ultimate constituents of matter has the initial formulation of the model all building a complex world out of a few penetrated four layers of structure. hadrons could be explained as combina­ simple parts. All matter has been shown to consist of tions of just three kinds of quarks. atoms. The atom itself has been found Now it is the quarks and leptons Any theory of the elementary particles to have a dense nucleus surrounded by a themselves whose proliferation is begin­ fl. of matter must also take into ac­ cloud of electrons. The nucleus in turn ning to stir interest in the possibility of a count the forces that act between them has been broken down into its compo­ simpler-scheme. Whereas the original and the laws of nature that govern the nent protons and neutrons. More recent­ model had three quarks, there are now forces. Little would be gained in simpli­ ly it has become apparent that the pro­ thought to be at least 18, as well as six fying the spectrum of particles if the ton and the neutron are also composite leptons and a dozen other particles that number of forces and laws were thereby particles; they are made up of the small­ act as carriers of forces.
    [Show full text]
  • The Working Group on the Status of Palestinian Women in Israel ______
    The Working Group on the Status of Palestinian Women in Israel ____________________________________________________________ NGO Report: The Status of Palestinian Women Citizens of Israel Contents Page I. ‘The Working Group on the Status of Palestinian Women in Israel’..........................2 II. Forward - Rina Rosenberg...........................................................................................5 III. Palestinian Women in Israel - ‘Herstory’- Nabila Espanioly......................................8 IV. Political Participation, Public Life, and International Representation - Aida Toma Suliman & Nabila Espanioly..........................................................18 V. Education - Dr. Hala Espanioly Hazzan, Arabiya Mansour, & A’reen Usama Howari.................................................................................23 VI. Palestinian Women and Employment - Nabila Espanioly.........................................31 VII. Palestinian Women’s Health - Siham Badarne..........................................................45 VIII. Personal Status and Family Laws - Suhad Bishara, Advocate, & Aida Toma Suliman...........................................................................................56 IX. Violence Against Women - Iman Kandalaft & Hoda Rohana..................................63 X. Recommendations - All Members..............................................................................75 XI. Selected Bibliography................................................................................................83
    [Show full text]
  • Gandhi's View on Judaism and Zionism in Light of an Interreligious
    religions Article Gandhi’s View on Judaism and Zionism in Light of an Interreligious Theology Ephraim Meir 1,2 1 Department of Jewish Philosophy, Bar-Ilan University, Ramat Gan 5290002, Israel; [email protected] 2 Stellenbosch Institute for Advanced Study (STIAS), Wallenberg Research Centre at Stellenbosch University, Stellenbosch 7600, South Africa Abstract: This article describes Gandhi’s view on Judaism and Zionism and places it in the framework of an interreligious theology. In such a theology, the notion of “trans-difference” appreciates the differences between cultures and religions with the aim of building bridges between them. It is argued that Gandhi’s understanding of Judaism was limited, mainly because he looked at Judaism through Christian lenses. He reduced Judaism to a religion without considering its peoplehood dimension. This reduction, together with his political endeavors in favor of the Hindu–Muslim unity and with his advice of satyagraha to the Jews in the 1930s determined his view on Zionism. Notwithstanding Gandhi’s problematic views on Judaism and Zionism, his satyagraha opens a wide-open window to possibilities and challenges in the Near East. In the spirit of an interreligious theology, bridges are built between Gandhi’s satyagraha and Jewish transformational dialogical thinking. Keywords: Gandhi; interreligious theology; Judaism; Zionism; satyagraha satyagraha This article situates Mohandas Karamchand Gandhi’s in the perspective of a Jewish dialogical philosophy and theology. I focus upon the question to what extent Citation: Meir, Ephraim. 2021. Gandhi’s religious outlook and satyagraha, initiated during his period in South Africa, con- Gandhi’s View on Judaism and tribute to intercultural and interreligious understanding and communication.
    [Show full text]
  • Paths in Education
    Introduction ................................................................................... 461 The Knesset ................................................................................... 461 The parties ..................................................................................... 462 The budget ..................................................................................... 467 The local authorities....................................................................... 469 The professional organizations (Teachers' Unions) ....................... 470 The parents..................................................................................... 476 The Academy ................................................................................. 483 The Media ...................................................................................... 487 The State Comptroller .................................................................... 488 Chapter Five: Events that occurred in the Israeli education system and illustrate the policy-making processes .............. 489 Introduction ................................................................................... 489 Problems within the area of social integration in education ........... 489 Integration versus differentiation ................................................... 505 Education in the developmental areas ............................................ 514 The phenomenon of "Bussing" ...................................................... 526 Local government
    [Show full text]
  • The Normative Cycle of Shaping Judicial Independence in Domestic
    Chicago Journal of International Law Volume 10 Number 1 Article 13 6-1-2009 The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges Shimon Shetreet Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Recommended Citation Shetreet, Shimon (2009) "The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges," Chicago Journal of International Law: Vol. 10: No. 1, Article 13. Available at: https://chicagounbound.uchicago.edu/cjil/vol10/iss1/13 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges Shimon Shetreet* I. INTRODUCTION The creation of the culture of judicial independence has been a combined process of national and international developments. The process consists of a cycle of normative and conceptual impact of national law on international law and later, of international law on national law. In the cycle's first phase, which began in 1701 with England's enactment of the Act of Settlement,' judicial independence was conceived domestically. In the second phase, which began shortly thereafter, this domestic development crossed national boundaries and impacted the thinking of scholars and political leaders in the international community.
    [Show full text]
  • Regulations and the Rule of Law: a Look at the First Decade of Israel
    Keele Law Review, Volume 2 (2021), 45-62 45 ISSN 2732-5679 ‘Hidden’ Regulations and the Rule of Law: A Look at the First decade of Israel Gal Amir* Abstract This article reviews the history of issuing regulations without due promulgation in the first decade of Israel. ‘Covert’ secondary legislation was widely used in two contexts – the ‘austerity policy’ and ‘security’ issues, both contexts intersecting in the state's attitude toward the Palestinian minority, at the time living under military rule. This article will demonstrate that, although analytically the state’s branches were committed to upholding the ‘Rule of Law’, the state used methods of covert legislation, that were in contrast to this principle. I. Introduction Regimes and states like to be associated with the term ‘Rule of Law’, as it is often associated with such terms as ‘democracy’ and ‘human rights’.1 Israel’s Declaration of Independence speaks of a state that will be democratic, egalitarian, and aspiring to the rule of law. Although the term ‘Rule of Law’ in itself is not mentioned in Israel’s Declaration of Independence, the declaration speaks of ‘… the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948.’2 Even when it became clear, in the early 1950s, that a constitution would not be drafted in the foreseeable future, courts and legislators still spoke of ‘Rule of Law’ as an ideal. Following Rogers Brubaker and Frederick Cooper, one must examine the existence of the rule of law in young Israel as a ‘category of practice’ requiring reference to a citizen's daily experience, detached from the ‘analytical’ definitions of social scientists, or the high rhetoric of legislators and judges.3 Viewing ‘Rule of Law’ as a category of practice finds Israel in the first decades of its existence in a very different place than its legislators and judges aspired to be.
    [Show full text]
  • Introduction
    Notes Introduction 1. The exact Hebrew name for this affair is the “Yemenite children Affair.” I use the word babies instead of children since at least two thirds of the kidnapped were in fact infants. 2. 1,053 complaints were submitted to all three commissions combined (1033 complaints of disappearances from camps and hospitals in Israel, and 20 from camp Hashed in Yemen). Rabbi Meshulam’s organization claimed to have information about 1,700 babies kidnapped prior to 1952 (450 of them from other Mizrahi ethnic groups) and about 4,500 babies kidnapped prior to 1956. These figures were neither discredited nor vali- dated by the last commission (Shoshi Zaid, The Child is Gone [Jerusalem: Geffen Books, 2001], 19–22). 3. During the immigrants’ stay in transit and absorption camps, the babies were taken to stone structures called baby houses. Mothers were allowed entry only a few times each day to nurse their babies. 4. See, for instance, the testimony of Naomi Gavra in Tzipi Talmor’s film Down a One Way Road (1997) and the testimony of Shoshana Farhi on the show Uvda (1996). 5. The transit camp Hashed in Yemen housed most of the immigrants before the flight to Israel. 6. This story is based on my interview with the Ovadiya family for a story I wrote for the newspaper Shishi in 1994 and a subsequent interview for the show Uvda in 1996. I should also note that this story as well as my aunt’s story does not represent the typical kidnapping scenario. 7. The Hebrew term “Sephardic” means “from Spain.” 8.
    [Show full text]