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Land Expropriation in Israel
Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.
Land Expropriation in Israel
Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.
Tax Law and Social Norms in Mandatory Palestine and Israel
This book analyzes the role of law and social norms in fostering tax compliance in British-ruled Palestine and modern Israel.
Israel/Palestine in World Religions
The struggle over Israel/Palestine is not just another contest by competing nationalisms or an instance of geopolitical competition. It is also about control of sacred territory that involves local Jews, Muslims, and Christians as well as worldwide faith communities, each with their own interests and stake in what transpires. This balanced introduction to a complex subject presents the multiple positions within the great monotheistic traditions. It demonstrates that the secular discourses in the public square concerning ownership privileges, historical precedence, political rights, and justice that have allegedly replaced religious claims actually coexist with, and often complement, the theological. It explores the century-long tangle of secular and theological debates about Israel's legitimacy. Whether readers support a Jewish state or are resolutely opposed, the serious and substantial scholarship of this well-reasoned and innovative book will contribute to a nuanced and better-informed understanding of this persistent issue that has entered its second century on the international agenda.
Constitutional Courts as Mediators
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Peacemakers in Action: Volume 2
The second volume of Peacemakers in Action tells the stories of remarkable individuals - peacemakers - across the world who strive to end violence in religiously charged conflicts.
The International Law of Occupation
This is the long-awaited second edition of a landmark book on the law of occupation. Covering developments since 1992, including the case of Iraq and recent developments in the Middle East, this book will include new chapters on the historical evolution of the concept of occupation, collective occupations, and ending occupations.
Torts, Egalitarianism and Distributive Justice
This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.
Israeli Settlements
Most research and analyses of Israel’s settlement enterprise has focused on the usage of particular paragraphs in the Geneva Convention. For over 50 years Israel has refuted the usage of the Geneva Convention with regards to its settlements. Doing so, the more relevant question arises on what laws, governance, and regulations, is of importance in understanding Israelis behavior? If one accepts the premise that Israel is occupying some areas, and as an occupying force is forbidden to change laws from previous sovereign, it becomes relevant as to what the laws are and how are they being followed. The aim with this book is to go deeper to understand the rationale behind Israeli land policies....
The Politics of Street Trees
This book focuses on the politics of street trees and the institutions, actors and processes that govern their planning, planting and maintenance. This is an innovative approach which is particularly important in the context of mounting environmental and societal challenges and reveals a huge amount about the nature of modern life, social change and political conflict. The work first provides different historical perspectives on street trees and politics, celebrating diversity in different cultures. A second section discusses street tree values, policy and management, addressing more contemporary issues of their significance and contribution to our environment, both physically and philosophi...
