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Biblical Judgments invites readers to consider today's timeless
dilemmas of law and government, social justice, and human rights,
through the perspective of a text that has helped shape western
society: the Hebrew Bible. By focusing on biblical narratives and
literature rather than on traditional interpretations of biblical
law, Daphne Barak-Erez is able to look beyond historic norms to
concentrate on what Old Testament stories can reveal about the
"big" issues. She discusses questions such as: What can modern-day
governmental regulation learn from the exercise of food rationing
in Egypt as a response to Pharaoh's dream of a future famine? How
does social distancing in the time of Covid-19 compare with people
sent outside the camp as a precautionary measure against bible-era
plagues? What can promoters of social justice glean from the
demands made to Moses that daughters should also inherit from their
father when biblical law did not recognize inheritance rights of
women? Rather than offering a historical study, Barak-Erez
draws upon famous court decisions from around the world to root her
analysis in modern law. Organized by subject matter, Biblical
Judgments analyzes how the themes of law and government, judging
and judges, human rights and social justice, criminal law, private
law, and family and inheritance law are presented through a number
of different stories. In recounting the compelling narratives of
the Hebrew Bible, Biblical Judgments exposes their inherent legal
tensions and what we can learn about legal dilemmas today.
Biblical Judgments invites readers to consider today's timeless
dilemmas of law and government, social justice, and human rights,
through the perspective of a text that has helped shape western
society: the Hebrew Bible. By focusing on biblical narratives and
literature rather than on traditional interpretations of biblical
law, Daphne Barak-Erez is able to look beyond historic norms to
concentrate on what Old Testament stories can reveal about the
"big" issues. She discusses questions such as: What can modern-day
governmental regulation learn from the exercise of food rationing
in Egypt as a response to Pharaoh's dream of a future famine? How
does social distancing in the time of Covid-19 compare with people
sent outside the camp as a precautionary measure against bible-era
plagues? What can promoters of social justice glean from the
demands made to Moses that daughters should also inherit from their
father when biblical law did not recognize inheritance rights of
women? Rather than offering a historical study, Barak-Erez
draws upon famous court decisions from around the world to root her
analysis in modern law. Organized by subject matter, Biblical
Judgments analyzes how the themes of law and government, judging
and judges, human rights and social justice, criminal law, private
law, and family and inheritance law are presented through a number
of different stories. In recounting the compelling narratives of
the Hebrew Bible, Biblical Judgments exposes their inherent legal
tensions and what we can learn about legal dilemmas today.
Exploring Social Rights looks into the theoretical and practical
implications of social rights. The book is organised in five parts.
Part I considers theoretical aspects of social rights, and looks
into their place within political and legal theory and within the
human rights tradition; Part II looks at the status of social
rights in international law, with reference to the challenge of
globalisation and to the significance of specific regional
regulation (such as the European System); Part III includes
discussions of various legal systems which are of special interest
in this area (Canada, South Africa, India and Israel); Part IV
looks at the content of a few central social rights (such as the
right to education and the right to health); and Part V discusses
the relevance of social rights to distinct social groups (women and
people with disabilities). The articles in the book, while using
the category of social rights, also challenge the separation of
rights into distinct categories and question the division of rights
to 'civil' vs 'social' rights, from a perspective which considers
all rights as 'social'. This book will be of interest to anyone
concerned with human rights, the legal protection of social rights
and social policy. 'Social rights are the stepchildren of the human
rights family. Are they really 'rights'? Can courts enforce them?
And does it make any difference when they try? This remarkable
collection of essays by distinguished scholars offers important new
responses to all the basic questions. Ranging across disciplinary
and national boundaries and brimming with both theoretical and
practical insights, the book is especially welcome in this moment
of mounting inequalities and growing interest in the possibilities
and perils of social rights.' William E Forbath, Lloyd M Bentsen
Chair in Law and Professor of History, University of Texas at
Austin 'At the auspicious moment of the sixtieth anniversary of the
Universal Declaration of Human Rights, and more than half a century
since the beginning of the Human Rights Revolution-a time
characterized by the end of the cold war, globalization and
privatization, comes this important compilation which critically
revisits the international commitment to social rights, and
reconceives its core distinguishing principles-from crosscutting
comparative, theoretical and practical perspectives-illuminating
our commitment to human security.' Ruti Teitel, Ernst Stiefel
Professor of Comparative Law, New York Law School. Author,
'Transitional Justice' (OUP 2002)
Exploring Social Rights looks into the theoretical and practical
implications of social rights. The book is organised in five parts.
Part I considers theoretical aspects of social rights, and looks
into their place within political and legal theory and within the
human rights tradition; Part II looks at the status of social
rights in international law, with reference to the challenge of
globalisation and to the significance of specific regional
regulation (such as the European System); Part III includes
discussions of various legal systems which are of special interest
in this area (Canada, South Africa, India and Israel); Part IV
looks at the content of a few central social rights (such as the
right to education and the right to health); and Part V discusses
the relevance of social rights to distinct social groups (women and
people with disabilities). The articles in the book, while using
the category of social rights, also challenge the separation of
rights into distinct categories and question the division of rights
to 'civil' vs 'social' rights, from a perspective which considers
all rights as 'social'. This book will be of interest to anyone
concerned with human rights, the legal protection of social rights
and social policy. 'Social rights are the stepchildren of the human
rights family. Are they really 'rights'? Can courts enforce them?
And does it make any difference when they try? This remarkable
collection of essays by distinguished scholars offers important new
responses to all the basic questions. Ranging across disciplinary
and national boundaries and brimming with both theoretical and
practical insights, the book is especially welcome in this moment
of mounting inequalities and growing interest in the possibilities
and perils of social rights.' William E Forbath, Lloyd M Bentsen
Chair in Law and Professor of History, University of Texas at
Austin 'At the auspicious moment of the sixtieth anniversary of the
Universal Declaration of Human Rights, and more than half a century
since the beginning of the Human Rights Revolution-a time
characterized by the end of the cold war, globalization and
privatization, comes this important compilation which critically
revisits the international commitment to social rights, and
reconceives its core distinguishing principles-from crosscutting
comparative, theoretical and practical perspectives-illuminating
our commitment to human security.' Ruti Teitel, Ernst Stiefel
Professor of Comparative Law, New York Law School. Author,
'Transitional Justice' (OUP 2002)
In the domain of comparative constitutionalism, Israeli
constitutional law is a fascinating case study constituted of many
dilemmas. It is moving from the old British tradition of an
unwritten constitution and no judicial review of legislation to
fully-fledged constitutionalism endorsing judicial review and based
on the text of a series of basic laws. At the same time, it is
struggling with major questions of identity, in the context of
Israel's constitutional vision of 'a Jewish and Democratic' state.
Israeli Constitutional Law in the Making offers a comprehensive
study of Israeli constitutional law in a systematic manner that
moves from constitution-making to specific areas of contestation
including state/religion relations, national security, social
rights, as well as structural questions of judicial review. It
features contributions by leading scholars of Israeli
constitutional law, with comparative comments by leading scholars
of constitutional law from Europe and the United States.
Constitutionalism affirms the idea that democracy should not lead
to the violation of human rights or the oppression of minorities.
This book aims to explore the relationship between constitutional
law and feminism. The contributors offer a spectrum of approaches
and the analysis is set across a wide range of topics, including
both familiar ones like reproductive rights and marital status, and
emerging issues such as a new societal approach to household labor
and participation of women in constitutional discussions online.
The book is divided into six parts: I) feminism as a challenge to
constitutional theory; II) feminism and judging; III) feminism,
democracy, and political participation; IV) the constitutionalism
of reproductive rights; V) women's rights, multiculturalism, and
diversity; and VI) women between secularism and religion.
Traditionally,the theory of human rights limited its application to
the public domain, namely the relationships between individuals and
public authorities. The great expansion of human rights legislation
and concepts in modern national and international law has given
rise to a major issue relating to their potential impact on private
relationships. This book examines this important topic, which may
revolutionize private law. It presents new approaches which strive
to broaden the application of human rights to the private field on
the ground that power can be abused and human rights can be
infringed even when all parties are private. The subject is
examined from theoretical and comparative perspectives by leading
scholars representing a diversity of legal systems - the United
States, Canada, England, South Africa, Germany and Israel. Among
the contributors are Professor Todd Rakoff (Harvard), Professor
Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and
Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and
Professor Lorraine Weinrib (Toronto), Professor Christian Starck
(Gottingen), Professor Andreas Heldrich (Munich) and others.
Traditionally,the theory of human rights limited its application to
the public domain, namely the relationships between individuals and
public authorities. The great expansion of human rights legislation
and concepts in modern national and international law has given
rise to a major issue relating to their potential impact on private
relationships. This book examines this important topic, which may
revolutionize private law. It presents new approaches which strive
to broaden the application of human rights to the private field on
the ground that power can be abused and human rights can be
infringed even when all parties are private. The subject is
examined from theoretical and comparative perspectives by leading
scholars representing a diversity of legal systems - the United
States, Canada, England, South Africa, Germany and Israel. Among
the contributors are Professor Todd Rakoff (Harvard), Professor
Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and
Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and
Professor Lorraine Weinrib (Toronto), Professor Christian Starck
(Gottingen), Professor Andreas Heldrich (Munich) and others.
The prohibition against pigs is one of the most powerful symbols of
Jewish culture and collective memory. "Outlawed Pigs" explores how
the historical sensitivity of Jews to the pig prohibition was
incorporated into Israeli law and culture.
Daphne Barak-Erez specifically traces the course of two laws, one
that authorized municipalities to ban the possession and trading in
pork within their jurisdiction and another law that forbids pig
breeding throughout Israel, except for areas populated mainly by
Christians. Her analysis offers a comprehensive, decade-by-decade
discussion of the overall relationship between law and culture
since the inception of the Israeli nation-state.
By examining ever-fluctuating Israeli popular opinion on Israel's
two laws outlawing the trade and possession of pigs, Barak-Erez
finds an interesting and accessible way to explore the complex
interplay of law, religion, and culture in modern Israel, and more
specifically a microcosm for the larger question of which lies more
at the foundation of Israeli state law: religion or cultural
tradition.
Constitutionalism affirms the idea that democracy should not lead
to the violation of human rights or the oppression of minorities.
This book aims to explore the relationship between constitutional
law and feminism. The contributors offer a spectrum of approaches
and the analysis is set across a wide range of topics, including
both familiar ones like reproductive rights and marital status, and
emerging issues such as a new societal approach to household labor
and participation of women in constitutional discussions online.
The book is divided into six parts: I) feminism as a challenge to
constitutional theory; II) feminism and judging; III) feminism,
democracy, and political participation; IV) the constitutionalism
of reproductive rights; V) women's rights, multiculturalism, and
diversity; and VI) women between secularism and religion.
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