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2 - The Hebrew Peace Courts

The Yishuv Judicial System That Failed

from Part I - Seeking to Fashion National Law

Published online by Cambridge University Press:  24 October 2019

Nir Kedar
Affiliation:
Bar-Ilan University, Israel
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Summary

Chapter 2 recounts the failure of the Yishuv, the Jewish community in Palestine prior to the establishment of the state of Israel, to establish an autonomous system of arbitration, the Hebrew Peace Courts. The early and ringing failure of these courts indicates the inability to agree about what is Jewish and what is Jewish law. In the absence of such agreement, it is impossible to develop a binding system of “Jewish” norms, and in the absence of such a system, the Hebrew Peace Courts could not provide the people of the Yishuv with predictable, stable, and coherent rulings, thus sealing the courts’ fate. Even though the Hebrew Peace Courts were autonomous Zionist courts that promised quick and efficient adjudication by Jewish judges, the people of the Yishuv preferred the formalized British system, based on a clear system of substantive and procedural norms—despite their non-Jewish origin—along with binding precedents and an efficient system of enforcement and implementation.

Type
Chapter
Information
Law and Identity in Israel
A Century of Debate
, pp. 29 - 38
Publisher: Cambridge University Press
Print publication year: 2019

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  • The Hebrew Peace Courts
  • Nir Kedar, Bar-Ilan University, Israel
  • Book: Law and Identity in Israel
  • Online publication: 24 October 2019
  • Chapter DOI: https://doi.org/10.1017/9781108670227.003
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  • The Hebrew Peace Courts
  • Nir Kedar, Bar-Ilan University, Israel
  • Book: Law and Identity in Israel
  • Online publication: 24 October 2019
  • Chapter DOI: https://doi.org/10.1017/9781108670227.003
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Hebrew Peace Courts
  • Nir Kedar, Bar-Ilan University, Israel
  • Book: Law and Identity in Israel
  • Online publication: 24 October 2019
  • Chapter DOI: https://doi.org/10.1017/9781108670227.003
Available formats
×