Chapter

FROM HEGEMONY TO WAR OF CULTURES

Menachem Mautner

in Law and the Culture of Israel

Published in print January 2011 | ISBN: 9780199600564
Published online September 2011 | e-ISBN: 9780191729188 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600564.003.0006
FROM HEGEMONY TO WAR OF CULTURES

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This chapter offers an explanation for the three significant changes that occurred in the jurisprudence of Israel's Supreme Court during the 1980s and 1990s. It argues that the changes should be understood in the context of the great historical process that Israel has been going through since the end of the 1970s, namely the decline of the political, social, and cultural hegemony of the labor movement. In the wake of that decline, two social groups have been offering their competing comprehensive visions as to the shaping of Israeli culture in the coming decades: a Jewish secular-liberal group and a Jewish religious group. The Supreme Court, which since Israel's foundation has been the state institution most closely identified with the project of promoting liberalism, has cooperated with the former group in its struggle against the latter. By so doing, in the closing decades of the 20th century the Court turned itself into a highly significant arena for the struggle over the country's cultural identity.

Keywords: labour movement; Supreme Court of Israel; cultural borrowing; Americanization; multiculturalism; Zionism; consociationalism; judicial activism; reasonableness; proportionality

Chapter.  28392 words. 

Subjects: Jurisprudence and Philosophy of Law

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