Showing papers on "Jewish state published in 1974"

The Reign of Herod and the Herodian Dynasty

Abstract: The persecution by Antiochus and the Maccabean revolt led to the spiritual and material independence of the Jewish nation both in Judaea and outside. The Jewish monotheistic faith was saved, with momentous results for the world. In the second century, an independent Jewish state had arisen under the leadership of the Hasmonaeans, and gradually expanding over the Palestine, had achieved international recognition and status. Hyrcanus' granddaughter Mariamme also became betrothed to Herod. These developments aroused the hostility of the majority of the Jewish people, who saw that the Hasmonaean dynasty was being supplanted by a foreign house, only half-Jewish, while they themselves were becoming completely subject to Roman power. A new situation arose for the opponents of the Antipatrids and for the Jews in general after the defeat of Cassius and Brutus by Antony and Octavian at the battle of Philippi.Keywords: Antipatrids; Brutus; Cassius; Hasmonaean dynasty; Hasmonaeans; Herod; Jewish people; Palestine

The Rights of the Individual in Court

Abstract: Close to one billion people, a third of the total population of the world, live under systems of government broadly defined as liberal-democratic, of which it can be said that authority rests on public opinion and is accountable to it. Out of the said number, only sixty million, i.e., 6%, live in states which have no formal written constitution. Great Britain is a notable example. New Zealand is another. Israel is a third in this exclusive company. In these countries it falls to the Courts, fortified as they are by the traditions of the Common law, to be the mainstay of the liberties of the individual. The English Common law, however, is “just like an English oak. You cannot transplant it to (another) continent and expect it to retain the tough character which it has in England. It will flourish indeed but it needs careful tending”. (per Lord Justice Denning).The application of western principles of the rule of law to the reborn Jewish State was more in the nature of a grafting than of a transplantation. It was a combination which offered an interesting legal experiment. While drawing upon ancient legal traditions and heritage, the Israel courts were vitalized through their access to the legal experience of English-speaking countries, especially so since the Common law in its mother country exemplified the adaptations of old principles to new needs long before it was exported abroad.