The Specialist and the Banality of Evil
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Jewish Law and Current Legal Problems
JEWISH LAW AND CURRENT LEGAL PROBLEMS JEWISH LAW AND CURRENT LEGAL PROBLEMS EDITED BY NAHUM RAKOVER The Library of Jewish Law The Library of Jewish Law Ministry of Justice The Jewish Legal Heritage Society Foundation for the Advancement of Jewish Law PROCEEDINGS of the First International Seminar on The Sources Of Contemporary Law: The Bible and Talmud and Their Contribution to Modern Legal Systems Jerusalem. August 1983 © The Library of Jewish Law The Jewish Lcg<1l Heritage Society P.O.Box 7483 Jerusalem 91074 1984 TABLE OF CONTENTS PREFACE 9 GREETINGS OF THE MINISTER OF JUSTICE, Moshe Nissim II LEGAL THEORY Haim H. Cohn THE LESSON OF JEWISH LAW FOR 15 LEGAL CHANGE Meyer S. Feldblum THE EMERGENCE OF THE HALAKHIC 29 LEGAL SYSTEM Classical and Modern Perceptions Norman Solomon EXTENSIVE AND RESTRICTIVE 37 INTERPRETATION LAW IN CHANGING SOCIETIES Yedidya Cohen THE KIBBUTZ AS A LEGAL ENTITY 55 Reuben Ahroni THE LEVIRATE AND HUMAN RIGHTS 67 JUDICIAL PROCESS Haim Shine COMPROMISE 77 5 POLITICAL THEORY Emanuel Rackman THE CHURCH FATHERS AND HEBREW 85 POLITICAL THOUGHT LAW AND RELIGION John Wade THE INFLUENCE OF RELIGION UPON LAW 97 Bernard J. Meis/in THE TEN COMMANDMENTS IN AMERICAN 109 LAW PENAL LAW Ya'akov Bazak MAIMONIDES' VIEWS ON CRIME AND 121 PUNISHMENT Yehuda Gershuni EXTRADITION 127 Nahum Rakover COERCION IN CONJUGAL RELATIONS 137 SELF-INCRIMINATION Isaac Braz THE PRIVILEGE AGAINST SELF 161 INCRIMINATION IN ANGLO-AMERICAN LAW The Influence of Jewish Law Arnold Enker SELF-INCRIMINATION 169 Malvina Halberstam THE RATIONALE FOR EXCLUDING 177 INCRIMINATING STATEMENTS U.S. Law Compared to Ancient Jewish Law Stanley Levin DUE PROCESS IN RABBINICAL AND 191 ISRAELI LAW Abuse and Subversion 6 MEDICAL ETHICS David A. -
Clios Psyche 6-3 Dec 1999
Clio’s Psyche Understanding the "Why" of Culture, Current Events, History, and Society Volume 6, Number 3 December, 1999 Holocaust Consciousness, Novick’s Thesis, Comparative Genocide, and Victimization How Hollywood Hid the Holocaust Reflections on Through Obfuscation and Denial Competitive Victimhood Melvin Kalfus David R. Beisel Psychohistory Forum Research Associate SUNY-Rockland Community College In the decade following the Second World Review of Peter Novick, The Holocaust in American War and our initial confrontation with the Holo- Life. New York: Houghton Mifflin Company, 1999. caust in all of its enormity, the motion picture in- ISBN 0395840090, 373 pp., $27. dustry continued to be dominated by “the Jews Peter Novick is a fine historian who has who invented Hollywood.” It was these Jews who written a fine, if flawed, study. In The Holocaust had created the myths that helped Americans cope in American Life he asks many of the right ques- with the enormous trauma of the Great Depression tions and offers some insightful answers. As I read (Continued on page 106) along, I found myself nodding in agreement at IN THIS ISSUE Life Is Beautiful Is Not a "Romantic Comedy"......... 114 Flora Hogman How Hollywood Hid the Holocaust: .............................89 “Vicitm Olympics”: The Collective Melvin Kalfus Psychology of Comparative Genocides................. 114 Ralph Seliger Reflections on Competitive Victimhood .................89 Review Essay by David R. Beisel Forgiveness and Transcendence............................ 116 Anie Kalayjian Response to David Beisel.....................................93 Peter Novick The Holocaust as Trope for "Managed" Social Change..................................... 119 The Memory of the Holocaust: Howard F. Stein A Psychological or Political Issue? .........................94 An Israeli Psychohistorian: Avner Falk ............... -
The Labor Party and the Peace Camp
The Labor Party and the Peace Camp By Uzi Baram In contemporary Israeli public discourse, the preoccupation with ideology has died down markedly, to the point that even releasing a political platform as part of elections campaigns has become superfluous. Politicians from across the political spectrum are focused on distinguishing themselves from other contenders by labeling themselves and their rivals as right, left and center, while floating around in the air are slogans such as “political left,” social left,” “soft right,” “new right,” and “mainstream right.” Yet what do “left” and “right” mean in Israel, and to what extent do these slogans as well as the political division in today’s Israel correlate with the political traditions of the various parties? Is the Labor Party the obvious and natural heir of The Workers Party of the Land of Israel (Mapai)? Did the historical Mapai under the stewardship of Ben Gurion view itself as a left-wing party? Did Menachem Begin’s Herut Party see itself as a right-wing party? The Zionist Left and the Soviet Union As far-fetched as it may seem in the eyes of today’s onlooker, during the first years after the establishment of the state, the position vis-à-vis the Soviet Union was the litmus test of the left camp, which was then called “the workers’ camp.” This camp viewed the centrist liberal “General Zionists” party, which was identified with European liberal and middle-class beliefs in private property and capitalism, as its chief ideological rival (and with which the heads of major cities such as Tel Aviv and Ramat Gan were affiliated). -
Inventing Judicial Review: Israel and America
INAUGUARL URI AND CAROLINE BAUER MEMORIAL LECTURE INVENTING JUDICIAL REVIEW: ISRAEL AND AMERICA Robert A. Burt* TABLE OF CONTENTS I. THE FIRST GENERATION: TOWARD AN INDEPENDENT JUDICIARY .............................................. 2017 A. The Impact of the 1967 War on Israeli Jurisprudence .................................................... 2027 1. Jurisdiction over the Occupied Territories ....... 2029 2. The Knesset Acts ............................... 2034 B. The Court's Initial Response ......................... 2036 1. Shalit v. Minister of the Interior ................. 2036 2. Bergman v. Minister of Finance .................. 2043 3. Bergman and Marbury .......................... 2047 4. Jurisdiction over the Territories and Marbury .... 2049 II. THE SECOND GENERATION: THE AMERICAN WAY ...... 2051 A. The Definitive Emergence of Judicial Review in A m erica ............................................ 2051 B. The Israeli Supreme Court Charts Its Path ........... 2066 1. Israel's Dred Scott ............................... 2067 2. Judicial Injunctions to Tolerate the Intolerant ... 2077 3. The Promise and Problems of Judicial Independence ................................... 2084 C. The Convergence of Israeli and American Doctrine ... 2091 * Southmayd Professor of Law, Yale University. This Article is an expanded version of the Inaugural Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Car- dozo School of Law of Yeshiva University on October 11, 1988. I am especially indebted to Justice Aharon Barak, Professor Kenneth Mann of the Tel Aviv University Faculty of Law, and Dean Stephen Goldstein of the Hebrew University of Jerusalem Faculty of Law. Although none of them is responsible for the substance of this Article, without their generous assistance it would not have been written. I am also particularly grateful to two Yale Law School students, Stephen Sowle who helped me with the American historical sources and Joel Prager who gave me access to material only available in Hebrew. -
THE STATE of ISRAEL 70 YEARS of INDEPENDENCE - Building a Nation
1 The Zionist General Council Session XXXVII/4 THE STATE OF ISRAEL 70 YEARS OF INDEPENDENCE - Building a Nation October 2018 2 Plenary No. 1 - Opening of the Zionist General Council Session Eli Cohen opened the first session and thanked the members of the audit committee and praised the auditor and his team, who - in their attempt to reach a level of satisfaction, which all can find to be acceptable - see all the flaws and improvements. Rabbi Yehiel Wasserman was invited to the stage for a ceremony conferring honorary fellowships to various members for their activities in the Zionist movement and their significant contribution to shaping its path and activities. This year, thanks to the WZO’s extensive activity over the past decade, quite a few people will be receiving this status. Honorary fellows are highly motivated individuals who have devoted many years of their time to the Zionist movement and who are role models for the next generation. Rabbi Wasserman then thanked the members of the Committee for Honorary Fellows: Barbara Goldstein, Silvio Joskowicz, Dalia Levy, Karma Cohen, Hernan Felman, Jacques Kupfer and Nava Avissar, the committee’s coordinator, for their dedicated work. Honorary Fellows: Mrs. Ana Marlene Starec – Mrs. Starec has been active in the Zionist movement for the past 54 years. She has been serving as Honorary President of WIZO for many years now and is also engaged in advocacy activities for Israel in the Diaspora in general, and with the Jewish communities of Brazil, in particular. Her human rights activities earned her a medal from the state of Rio de Janeiro, and she has also received a medal from the French Senate for her activities for humanity. -
Where Does It Come from & Why Does It Persist?
ANTI- SEMITISM WHAT ARE ITS NEW FORMS? WHERE DOES IT COME FROM & WHY DOES IT PERSIST? WILL IT EVER GO AWAY? A SYMPOSIUM WITH AYAAN HIRSI ALI, DAVID BERGER, PHYLLIS CHESLER, JEREMY COHEN, IRWIN COTLER, MOHAMMED S. DAJANI DAOUDI, HASIA DINER, STUART EIZENSTAT, AVNER FALK, IRA FORMAN, MICHEL GURFINKIEL, DAVID KERTZER, BRIAN KLUG, DAVID MAMET, DAVID NIRENBERG, EMANUELE OTTOLENGHI, CYNTHIA OZICK, DINA PORAT, ALVIN ROSENFELD, ARI ROTH, SHLOMO SAND, MAXIM SHRAYER, CHARLES ASHER SMALL, ELI VALLEY, HANS-JOACHIM VOTH, XU XIN AND OTHERS ONLINE: MICHAEL BARKUN, BENT BLÜDNIKOW, ROBERT CHAZAN, LEONARD DINNERSTEIN, EVA FOGELMAN ZVI GITELMAN, MICHAEL GOLDFARB, JONATHAN JUDAKEN, SHMUEL TRIGANO, SERGIO WIDDER ART CREDIT 34 JULY/AUGUST 2013 INTERVIEWS BY: SARAH BREGER, DINA GOLD,GEORGE JOHNSON, CAITLIN YOSHIKO KANDIL, SALA LEVIN & JOSH TAPPER THE OLDEST HATRED IS BY SOME ACCOUNTS ALIVE AND WELL, BY OTHERS AN OVERUSED EPITHET. WE TALK WITH THINKERS FROM AROUND THE GLOBE FOR A CRITICAL AND SURPRISINGLY NUANCED EXAMINATION OF ANTI-SEMITISM'S ORIGINS AND STAYING POWER. DAVID BERGER Europe meant that Jews became the Christianity could not eliminate the evil OUTSIDERS & ENEMIES quintessential Other, and they conse- character of Jewish blood. quently became the primary focus of David Berger is editor of History and In the ancient Greco-Roman world, peo- hostility even in ways that transcended Hate: The Dimensions of Anti-Semi- ple evinced a wide variety of attitudes to- the theological. tism and Ruth and I. Lewis Gordon Pro- ward Jews. Some admired Jewish distinc- Once this focus on Jews as the Other fessor of Jewish History and dean of the tiveness, some were neutral, but others became entrenched, it continued into Bernard Revel Graduate School of Jewish were put off by the fact that unlike any modern Europe. -
Download PDF Catalogue
F i n e Ju d a i C a . pr i n t e d bo o K s , ma n u s C r i p t s , au t o g r a p h Le t t e r s , gr a p h i C & Ce r e m o n i a L ar t in cl u d i n g : th e Ca s s u t o Co ll e C t i o n o F ib e r i a n bo o K s , pa r t iii K e s t e n b a u m & Co m p a n y th u r s d a y , Ju n e 21s t , 2012 K e s t e n b a u m & Co m p a n y . Auctioneers of Rare Books, Manuscripts and Fine Art A Lot 261 Catalogue of F i n e Ju d a i C a . PRINTED BOOKS , MANUSCRI P TS , AUTOGRA P H LETTERS , GRA P HIC & CERE M ONIA L ART ——— To be Offered for Sale by Auction, Thursday, 21st June, 2012 at 3:00 pm precisely ——— Viewing Beforehand: Sunday, 17th June - 12:00 pm - 6:00 pm Monday, 18th June - 10:00 am - 6:00 pm Tuesday, 19th June - 10:00 am - 6:00 pm Wednesday, 20th June - 10:00 am - 6:00 pm No Viewing on the Day of Sale This Sale may be referred to as: “Galle” Sale Number Fifty Five Illustrated Catalogues: $38 (US) * $45 (Overseas) KestenbauM & CoMpAny Auctioneers of Rare Books, Manuscripts and Fine Art . -
Contents Humanities Notes
Humanities Notes Humanities Seminar Notes - this draft dated 24 May 2021 - more recent drafts will be found online Contents 1 2007 11 1.1 October . 11 1.1.1 Thucydides (2007-10-01 12:29) ........................ 11 1.1.2 Aristotle’s Politics (2007-10-16 14:36) ..................... 11 1.2 November . 12 1.2.1 Polybius (2007-11-03 09:23) .......................... 12 1.2.2 Cicero and Natural Rights (2007-11-05 14:30) . 12 1.2.3 Pliny and Trajan (2007-11-20 16:30) ...................... 12 1.2.4 Variety is the Spice of Life! (2007-11-21 14:27) . 12 1.2.5 Marcus - or Not (2007-11-25 06:18) ...................... 13 1.2.6 Semitic? (2007-11-26 20:29) .......................... 13 1.2.7 The Empire’s Last Chance (2007-11-26 20:45) . 14 1.3 December . 15 1.3.1 The Effect of the Crusades on European Civilization (2007-12-04 12:21) 15 1.3.2 The Plague (2007-12-04 14:25) ......................... 15 2 2008 17 2.1 January . 17 2.1.1 The Greatest Goth (2008-01-06 19:39) .................... 17 2.1.2 Just Justinian (2008-01-06 19:59) ........................ 17 2.2 February . 18 2.2.1 How Faith Contributes to Society (2008-02-05 09:46) . 18 2.3 March . 18 2.3.1 Adam Smith - Then and Now (2008-03-03 20:04) . 18 2.3.2 William Blake and the Doors (2008-03-27 08:50) . 19 2.3.3 It Must Be True - I Saw It On The History Channel! (2008-03-27 09:33) . -
The Impact of Aliyah on the American Jewish Community
'.,~ £' ..• ,,,(''1' .. I c, '1.\ "' ., . l,'". ,/ . ,?')?.' -1-'./, 6: I/f ,.,; .-",'" .~~ ~t, ,d~" /' ":J ! f .O} j. )J/, , I , '( ..,( -<~, ,.". " ( {f L K';L.L) The Impact of Aliyah on the American Jewish Community CHAIM 1. WAXMAN DURING THE LAST dozen years, only once did the annual number of American Jews who migrated to Israel-"made aliyah"-rise above 3,000. In all the other years, fewer than 3,000-and since 1985 fewer than 2,000-American Jews went on aliyah. Indeed, in the forty years since the founding of the State of Israel, there was only one year, 1971, during which slightly more than one-tenth of 1 percent of the American Jewish population, 7,364 American Jews, went on aliyah. 1 There seems no reason to doubt that the major determinants of the size of American Jewish migration to Israel are to be found in both the United States and Israel. Put simply, American Jews, individually and collectively, are rather comfortable in the United States materially, physically, and in terms of being able to express their Jewishness, and they do not feel impelled to sacrifice their comfort by migrating to Israel, where material conditions are much more restricted. American Jews are undoubtedly quite aware ofboth the significant numbers of American Jews who have gone on aliyah only to return to America and the large numbers of Israelis who have emigrated from Israel, many of whom have settled in the United States. Nevertheless, it seems reasonable to assume that there would be an increase in American aliyah if there were some fundamental changes in the ways organized aliyah efforts function, both institutionally and interpersonally. -
The Pennsylvania State University
The Pennsylvania State University The Graduate School Department of Comparative Literature ARCHETYPES AND AVATARS: A CASE STUDY OF THE CULTURAL VARIABLES OF MODERN JUDAIC DISCOURSE THROUGH THE SELECTED LITERARY WORKS OF A. B. YEHOSHUA, CHAIM POTOK, AND CHOCHANA BOUKHOBZA A Dissertation in Comparative Literature by Nathan P. Devir © 2010 Nathan P. Devir Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy August 2010 The dissertation of Nathan P. Devir was reviewed and approved* by the following: Thomas O. Beebee Distinguished Professor of Comparative Literature and German Dissertation Advisor Co-Chair of Committee Daniel Walden Professor Emeritus of American Studies, English, and Comparative Literature Co-Chair of Committee Baruch Halpern Chaiken Family Chair in Jewish Studies; Professor of Ancient History, Classics and Ancient Mediterranean Studies, and Religious Studies Kathryn Hume Edwin Erle Sparks Professor of English Gila Safran Naveh Professor of Judaic Studies and Comparative Literature, University of Cincinnati Special Member Caroline D. Eckhardt Head, Department of Comparative Literature; Director, School of Languages and Literatures *Signatures are on file in the Graduate School. iii ABSTRACT A defining characteristic of secular Jewish literatures since the Haskalah, or the movement toward “Jewish Enlightenment” that began around the end of the eighteenth century, is the reliance upon the archetypal aspects of the Judaic tradition, together with a propensity for intertextual pastiche and dialogue with the sacred texts. Indeed, from the revival of the Hebrew language at the end of the nineteenth century and all throughout the defining events of the last one hundred years, the trend of the textually sacrosanct appearing as a persistent motif in Judaic cultural production has only increased. -
Falk on Arab-Israeli Conflict
11 Unconscious Aspects of the Arab-Israeli Conflict AVNER FALK Most experts agree that the Arab-Israeli conflict is the most intractable in the modern world (cf. Friedman 1989, Reich, 1991). Its violence and persistence have defied rational analysis. The Middle-East Peace Con- ference brokered by U.S. Secretary of State James Baker, which opened on October 30, 1991, in Madrid, Spain, and the Washington talks that followed, are not considered likely to produce a peace treaty any time soon. The irrational obstacles, resistances and fears on both sides are so great that the negotiations are expected to break down at any time. The Iranian Shiite leaders and Palestinian Arab extremists have held a War Conference calling for jihad against Israel. While rationalistic views of the conflict by political scientists focus on the conscious aspects of territorial claims and nationalisms, psycho- analytic views of the strife have raised the unconscious issues of group self, defensive group narcissism, historical hurts, narcissistic injury, denial, projection, splitting, externalization, and lack of empathy. Although all of these unconscious processes do play a vital role in the conflict, I believe that a still more powerful role is played by the inability to mourn historical losses on both sides. I review the psychohistorical and psychopolitical literature on the conflict and attempt to support my thesis with evidence from Jewish and Arab historiography. Despite its obvious conscious causes, the bloody Palestinian Arab intifada (uprising) raging in the Israeli-occupied territories and in Israel This chapter is based on lectures given by the author at the Hebrew University of Jerusalem's Truman Institute (1988) and Washington's Brookings Institution (1989). -
THE CASE of ISRAEL Ruth Gavison
LEGISLATURES AND THE QUEST FOR A CONSTITUTION: THE CASE OF ISRAEL Ruth Gavison* Israel is a county where constitutional debates Isra~l est un pays oA les dibats constitutionnels ne center not on the questions whether it should have tournent pas autour de questions h savoir si l pays a constitution and what should be in it but on devrait avoir une constitution ou ce qu'elie devrail whether it has one. This undesirableandanomalous contenir, mais plutdt si la pays en a une. Cette situation results from the fact that constitutional situation inddsirable et anormale dcoule du fait reality in Israel has been the result of a long process que la rialitdconstitutionnelle d'Israil est le risultat characterized in recent decades by legislative d'un long processus caractris, au cours des derni'res ambivalence and by a resolute constitution-making dcennies, par une ambivalence legislativeet par un drive by thejudiciary. dsir inergique de ridaction d'une constitution par le corpsjudicaire. In most constitutional regimes, legislatures as well as other constitutional powers operate under and within an agreed-upon constitution. Often, they are established by it and, to a large extent, gain their legitimacy and stability from it. The constitution is taken as a given. In rare cases it may itself be amended, but the idea is that the constitution sets the framework of activity of the other organs of government, including the legislature itself. This situation permits intense discussions of the roles of the various powers under the constitution, * Haim H. Cohn Professor of Human Rights, Faculty of Law, Hebrew University in Jerusalem.