Jump to ContentJump to Main Navigation
The Invention of Jewish TheocracyThe Struggle for Legal Authority in Modern Israel$
Users without a subscription are not able to see the full content.

Alexander Kaye

Print publication date: 2020

Print ISBN-13: 9780190922740

Published to Oxford Scholarship Online: February 2020

DOI: 10.1093/oso/9780190922740.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 March 2020

A Constitution for Israel According to the Torah

A Constitution for Israel According to the Torah

(p.72) 3 A Constitution for Israel According to the Torah
The Invention of Jewish Theocracy

Alexander Kaye

Oxford University Press

This chapter describes the new legal centralism that Herzog brought to religious Zionism in Palestine and Israel. He composed the draft of a constitution for Israel that was based on traditional Jewish law (halakha). To allow halakha to be more suited to the needs of a modern democracy, he used inventive interpretations of precedent to make halakha more egalitarian and more acceptable to people who were not Orthodox Jews. He also created a vision of halakha that conformed to the theoretical framework of modern European legal centralism. These changes are understood against the backdrop of European colonialism. Herzog’s adoption of European jurisprudence was similar to the intellectual strategies of many nationalist leaders, who resorted to European modes of thought in their struggle against European colonial rule.

Keywords:   Isaac Herzog, colonialism, postcolonialism, theocracy, nomocracy, democracy and religion, Ireland, Éamon de Valera, constitution

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .