He is the Editor-in-Chief of the book series Law, Society and Culture published by the Faculty of Law, Tel Aviv University. Prominent leaders openly attack Court opinions. Administratively, their needs are addressed at a minimal level. Moreover, the Justices claimed the authority to enforce that constitution by an American style power of judicial review — any Government law or policy that the Court held to violate a Basic Law would be unenforceable. In 2006 he was elected by the university senate to serve on the search committee for electing the new president of the university.
The struggle between secular and religious Jews has been part of the life of the Jewish people in the past 300 years. Mautner masterfully connects powerful ideological currents in Israeli society and the juridical philosophy of the Israeli Supreme Court, from the establishment of the state of Israel until the present. It is a fascinating and sensitive account of the struggle between the secular and the religious in Israeli law, and how this struggle shapes Israeli culture. He taught at Law School in the spring term of 2009. Ministers propose new laws to essentially reverse decisions. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. Led by Chief Justice Aharon Barak, the Justices took the extraordinary step of declaring that Israel no longer lacked a written constitution! The first deals with the struggle over the cultural identity of the Jewish people throughout the course of modernity.
This activism has manifested itself in a number of spheres. Professor Mautner demonstrates how the Justices, now overwhelmingly members of the secular liberal segment of society, responded. Given the immobilism of the electoral agencies, the Israeli public with the notable exception of the Orthodox Jewish communities approved of the increased judicial activism. The secular group reacted by shifting much of its political action to the Supreme Court which since the establishment of the state has been the state organ most identified with entrenching liberal values in the country's political culture. Zionism, the Jewish national liberation movement that created Israel in 1948, contained many disparate strands.
Disagreement among the competing political elites created deadlock and drift in the elected agencies of government. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. The Cultural Struggle Over the Shaping of the Law of the Jewish Society in Eretz Israel Palestine and in the State of Israel 3. The former remain highly supportive of the Supreme Court and its decisions based on liberal, individualist values.
Oxford ; New York, N. As , Mautner led the most far-reaching curriculum change ever undertaken by the faculty, as well as a fourfold expansion of the clinical program of the Faculty. Mautner, Law and the Culture of Israel Oxford University Press, 2011 267 pages. Menachem Mautner offers a compelling account of Israeli law as a site for the struggle over the shaping of Israeli culture. An indispensable work of legal scholarship and political analysis.
The Court's activism provided the secular group with the means for intervening in decisions of the state branches over which the group hadlost control. Politically, their elected representatives never exercise real governmental power. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. Sustained by notions of multiculturalism, political liberalism and republicanism, it offers a penetrating reflection on how to manage Israel's divisive situation. In 2006 Mautner was elected by the Senate of Tel Aviv University to serve on the Search Committee for electing the new president of the university. Within a short span of time in the course of the 1980s, the Supreme Court of Israel effected far-reaching changes in its legal doctrine and in the way it perceives its role among the state's branches.
With Arabs being a fifth of the country's population, an additional divide in Israel is that between Jews and Arabs. At Tel Aviv University, Mautner headed the Committee on the Establishment of a University Press. As dean, Mautner led the most far-reaching curriculum change ever undertaken by the Faculty, as well as a fourfold expansion of the clinical program of the Faculty. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. Drawing on notions of multiculturalism, political liberalism and republicanism, the book offers fresh insights as to how to manage Israel's divisivesituation.
The Supreme Court and the Future of Liberalism in Israel 7. Mautner was member of the Committee on the Preparation of Israel's New Civil Code headed by Professor Ahron Barak, President of the. It has a culture marked by sharp divisions. He headed the Experts Committee on Revision of Israel's Securities Law, Ministry of Justice. Whatever one may think about the desirability or feasibility of this proposal, there can be no doubt that Professor Mautner has made a significant contribution to our understanding of law and culture in Israel. Mautner, Law and Culture in Israel at the Threshold of the Twenty-First Century Tel Aviv University Press, 2008 591 pages Hebrew winner The Yonatan Shapiro Prize for Best Book of the Year, 2008, Association of Israel Studies M.
Mautner, , 16 Mishpatim Hebrew University, Jerusalem 1986 92-175 M. Here, Menachem Mautner tells the story of the political struggles to control Israeli law, and through it the culture of Israel itself. Mautner argues, with calm conviction, that difficult political choices embracing greater multiculturalism need to be made so as to reconcile the centrifugal tendencies of the divided components of Israeli society. This illuminating volume bravely asks the important questions that will shape Israeli political, legal, and academic discourses in the coming years. But the great divide was between the secularists who perceived Jews as a distinct people with their own national identity and culture, and those who perceived Jews primarily in terms of a religious identity shaped by the tenets of Orthodox Judaism. The secular group reacted by shifting much of its political action to the Supreme Court which since the establishment of the state has been the state organ most identified with entrenching liberal values in the country's political culture.