Law and Identity in Mandate Palestine
One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confronting these very issues. Assaf Likhovski examines the legal history of Palestine, showing how law and identity interacted in a complex colonial society in which British rulers and Jewish and Arab subjects lived together.
Law in Mandate Palestine was not merely an instrument of power or a method of solving individual disputes, says Likhovski. It was also a way of answering the question, "Who are we?" British officials, Jewish lawyers, and Arab scholars all turned to the law in their search for their identities, and all used it to create and disseminate a hybrid culture in which Western and non-Western norms existed simultaneously. Uncovering a rich arsenal of legal distinctions, notions, and doctrines used by lawyers to mediate between different identities, Likhovski provides a comprehensive account of the relationship between law and identity. His analysis suggests a new approach to both the legal history of Mandate Palestine and colonial societies in general.
Structure Jurisdiction and Identity
Arab and Jewish Semiofficial and Unofficial Courts
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al-'Arif al-'Arif's book al-Huquq al-Husayni Anglicization Arab lawyers Arab nationalism article 46 Aviv Bedouin Bedouin law Beersheba British judges British officials British rule chapter Chief Justice civil Code Colonial Office Council Court of Palestine culture Eisenstadt English law European example existed FitzGerald French Frumkin Goadby Government of Palestine Gulak Ha-Mishpat ha-'Ivri Haim Cohn halakha Hebrew Courts Hebrew law Hebrew University Ibid Islamic law Israel Jerusalem Law Jewish and Arab Jewish community Jewish law Jewish lawyers Jewish legal Jews journal jurisdiction labor law and identity law of Palestine law school League of Nations legal education legal history legal revival legal system legislation mandate Palestine Mejelle mishpat ivri modern Muslim nationalist native Norman Bentwich norms Ordinance Oriental Ottoman law Palestine's legal Palestinian Paltiel Paltiel Dikshtein political Record Group religious courts Report role Rotenberg Shofet society Supreme Court tion Toldot traditional Transjordan tribal courts viewed Western Zionist