Abstract

http://ssrn.com/abstract=2207730
 


 



Law is Politics


Gad Barzilai


University of Washington - Henry. M. Jackson School of International Studies, Societies and Justice Program; Haifa University, Law School

2001

UCLA Journal of International Law and Foreign Affairs, Vol. 6, No. 1, 2001

Abstract:     
In his essay, "Law or Politics: Israeli Constitutional Adjudication as a Case Study," Gideon Sapir is coping with some problems concerning adjudication of religious issues. He presumes that there is a certain dichotomy that differentiates "law" from "politics," since the first deals with norms and the second with regulating and balancing political branches. Sapir's article, in my opinion, proves that law is politics in a sense that law generates and embodies political and socioeconomic interests, identities, and consciousness. I argue below that politics cannot be differentiated from law, and therefore cannot respond to Sapir's aspiration to de-politicize adjudication and to monitor and hamper the effects of personal backgrounds and worldviews on judicial rulings. I analyze some of Sapir's findings and arguments from a critical perspective that law is politics.

The subject matter of religious justices in supreme courts are particularly relevant in countries where almost no institutional and constitutional separation between state and religion prevails. In countries like Israel that have not separated state from religion, and have used religion as part of state nationality and legal ideology, the background of the justices and their basic worldviews will most often be a reflection and articulation of interactions between religion, state power foci, and state ideology. The Israeli Jewish political elite has used Orthodox religion to legitimize the state, and hence has used the non-separation of nationality and religion embedded in Zionism, for political purposes.

Accepted Paper Series





Not Available For Download

Date posted: January 28, 2013  

Suggested Citation

Barzilai, Gad, Law is Politics (2001). UCLA Journal of International Law and Foreign Affairs, Vol. 6, No. 1, 2001. Available at SSRN: http://ssrn.com/abstract=2207730

Contact Information

Gad Barzilai (Contact Author)
University of Washington - Henry. M. Jackson School of International Studies, Societies and Justice Program ( email )
Seattle, WA
United States
206- 353 3169 (Phone)
HOME PAGE: http://faculty.washington.edu/gbarzil/
Haifa University, Law School ( email )
Mount Carmel
Haifa, 31905
Israel
Feedback to SSRN


Paper statistics
Abstract Views: 257

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.359 seconds