10 - Israeli Law as a Lieu de Mémoire of National Identity and Culture

Summary

Chapter 10 discusses the complex interaction between Israeli law and Jewish heritage. I address the Zionist-Israeli resolve to ensure its political and legal independence—that is, an independent Israeli legal system that is not subordinate to foreign law and which legislates for itself in accordance with Israeli society’s needs, interests, and values. I also consider the attention the Israeli legal system gives to symbols of national independence. This includes both what might be called general symbols, such as the Hebrew language, and also specifically legal symbols, such as the effort to promulgate a constitution and civil code. Finally, I show that the Zionist movement and Israel have adopted “a moderate cultural option” centered on muting cultural debates while adopting common cultural symbols that arouse no dissension—the Hebrew language, devotion to the Land of Israel, evocation of Jewish history, and a long list of consensual symbols, values, and concepts with roots in Jewish law and heritage. I show that Israeli law cannot not be Jewish and Israeli, and that Israeli law and culture are today lieux de mémoire of primary importance in the preservation of Jewish law and heritage and an important guarantee of the future of Jewish culture.