Starting in the early 1950s, Israeli women's organizations persistently promoted legislation that aimed to ensure wives' just share in marital property, until in 1973 the Knesset enacted the Spouses (Property Relations) Law. This remarkable struggle was then forgotten. The long history of this law as told here, along with parallel Israeli legislative and judicial developments related to property relations between spouses, reveals the political activities of women's organizations during the decades in which it is generally believed that they neglected their political-feminist agenda. It also discloses the substantial gap between the organizations' vision of a community property regime throughout marriage and the regime of property separation enacted into law. This case study sheds light on how social organizations attempt to promote legal reforms and on the consequences of their compromises.
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Legislative Initiatives of Israeli Women's Organizations, 1948-1973
Property Relations between Spouses
Yael Braudo
In Israel Studies Review
- Published (Print):
- 01 Dec 2012
- Article Type:
- Research Article
- Pages:
- 166–189 (24 total)
American Extraterritorial Legislation
The Data Gathering behind the Sanctions
Ali Laïdi
profits it can derive from exporting its legislation around the world. The US extraterritoriality law consists of legislation passed by the US Congress that are applicable, according to the authorities, outside the borders of the United States. This
Mordechai Kremnitzer and Shiri Krebs
Democracy is not just about free and fair elections. It requires at least some minimal substantial guarantees, such as freedom of speech and freedom of assembly, that formulate and enable free choice of autonomous and equal agents. These notions are well founded in Israeli constitutional law, but in recent years it seems that this basic understanding of the democratic process is weakening, especially as reflected in the actions of the Knesset. Several recent examples of Knesset legislation processes suggest that Israeli democratic culture is being eroded, as some of democracy’s fundamental notions are abandoned in favor of national-chauvinism and intolerance.
In Israel Studies Review
- Published (Print):
- 01 Jun 2011
- Article Type:
- Research Article
- Pages:
- 4–11 (8 total)
Anat Maor
Very little research has been conducted on the functioning of the Israeli Parliament (the Knesset) in general and on private members' legislation in particular. This article contributes to the perception of the role of the legislator as political initiator in modern parliamentarism.
In Israel Studies Review
- Published (Print):
- 01 Jun 2008
- Article Type:
- Research Article
- Pages:
- 84–103 (20 total)
"A Denial of Our Boasted Civilisation
Cyclists' Views on Conflicts over road Use in Britain, 1926-1935
Peter Cox
In the interwar period, cyclists, the most numerous road users, came into increasing conflict with motorists. The debate around road safety and casualties reveals significant differences between the social and political capital available to different classes of road users, despite their legal equality. Drawing on the coverage of the conflict by the Cyclists' Touring Club (CTC) through their monthly Gazette and on the parliamentary record, this article examines how cyclists understood the problem of increasing accident rates and the solutions proffered in press and parliament to address them. The paper considers cyclists in terms of class, representation, power, and status. It further examines how these factors shaped perceptions of the issues at stake in the safety debate in relation to the governance of road space and the appropriate behaviors and responsibilities of road users.
Thinking through Surrogacy Legislation in India
Reflections on Relational Consent and the Rights of Infertile Women
Maya Unnithan
As its main focus the article is concerned with explaining the proposed Indian Assisted Reproductive Technologies (ART) Bill 2010 (2008), and in particular discusses some of its limitations using a relational conception of consent and autonomy. It is argued that two major limitations arise from, firstly, the way the Bill attempts to introduce ‘universal’ notions of informed consent into a cultural context of socially determined decisionmaking, resulting in the failure to safeguard the welfare of Indian surrogates. A second limitation is that the proposed law entitles only some poor women (surrogates) in India to realise access to quality medical healthcare services compared to others (poor, infertile women). Given the significant class and gender based inequalities which frame reproductive healthcare service delivery in the country, legally guaranteed access to health services for surrogates becomes a privilege where the rights of some individuals and couples to reproduce and exercise procreative agency is valued and not others. The article argues that the Bill must give due consideration to the complex, relational and highly stratified contexts in which women undertake childbearing in India to understand why legally comprehensive consent procedures can co-exist with violations of personhood in practice. Without such consideration the article suggests that injustice toward infertile women can become part of the same legal process wherein overcoming infertility is recognised as a right.
In Journal of Legal Anthropology
- Published (Print):
- 01 Sep 2013
- Article Type:
- Research Article
- Pages:
- 287–313 (26 total)
The Status of the Jews in Roman Legislation
The Reign of Justinian 527–565 CE
Catherine Brewer
The reign of Justinian (527–565 CE) was a period of significant legal activity: his administration produced two versions of the Justinian Code, the first in 529, and a second, revised version in 534. This code was designed to bring together all the laws that had been collected in earlier codes and those enacted since the last, the Theodosian Code of 438. In the process of compilation, obsolete or duplicate laws were removed, while the remaining laws were substantially edited. The Justinian Code remained in force in the Eastern Empire until the ninth century, while in the West it became influential in the twelfth century as the primary source of information about Roman law. The Justinian Code contains thirty-three laws relating to Jews. Additional laws are found in the Digest compiled in 533, which condensed and ordered the work of the Roman jurists, and in the Novels (new laws) of Justinian issued during his reign.
In European Judaism
- Published (Print):
- 01 Sep 2005
- Article Type:
- Research Article
- Pages:
- 127–139 (12 total)
Managing paper trails after Windrush
Migration, documents and bureaucracy
Anna Tuckett
, only from 2014 – because of changes in legislation – that now retirement-age Commonwealth citizens, most of whom had migrated to the United Kingdom as children, found themselves facing deportation back to countries that many had not visited for decades
In Journal of Legal Anthropology
- Published (Print):
- 01 Dec 2019
- Article Type:
- Other
- Pages:
- 120–123 (4 total)
“Clear and Present Danger”
The Legacy of the 1917 Espionage Act in the United States
Petra DeWitt
Act have concentrated on the legislation’s direct impact: the suspension of speech and press during the war and its immediate aftermath, the First Red Scare. 2 In contrast, taking the long-term perspective by tracing the act’s evolution over time
In Historical Reflections/Réflexions Historiques
- Published (Print):
- 01 Jun 2016
- Article Type:
- Research Article
- Pages:
- 115–133 (19 total)
Helen A. Robbins and Leigh Kuwanwisiwma
While repatriation legislation in the United States was always intended to be restorative, the highly ritualized, bureaucratic processes involved often serve to reinscribe the very power structures they are, in theory, designed to remedy. This