{"title":"Hebrew Law as a Source for Conciliation and Mediation in Supreme Court Decisions: The Legacy of Justice Elyakim Rubinstein","authors":"Ehud Eiran","doi":"10.2979/israelstudies.27.1.09","DOIUrl":null,"url":null,"abstract":"ABSTRACT:The article examines Justice Elyakim Rubinstein's approach to compromise in the judicial process, based mainly on his judicial record on the Israeli Supreme Court bench, (2004–2017) but also on his speeches and publications. The two arguments advanced here are first, that Justice Rubinstein believed in compromise (rather than adjudication) as the preferred outcome of the legal process; and second, that according to his reading of Hebrew Law, compromise is justified by more than utility, efficiency, and benefit to the common good. The article likewise considers the limits and shortcomings of Rubinstein's approach, and the manner in which he mitigated some of them.","PeriodicalId":54159,"journal":{"name":"Israel Studies","volume":"27 1","pages":"208 - 230"},"PeriodicalIF":0.7000,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Israel Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2979/israelstudies.27.1.09","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"AREA STUDIES","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT:The article examines Justice Elyakim Rubinstein's approach to compromise in the judicial process, based mainly on his judicial record on the Israeli Supreme Court bench, (2004–2017) but also on his speeches and publications. The two arguments advanced here are first, that Justice Rubinstein believed in compromise (rather than adjudication) as the preferred outcome of the legal process; and second, that according to his reading of Hebrew Law, compromise is justified by more than utility, efficiency, and benefit to the common good. The article likewise considers the limits and shortcomings of Rubinstein's approach, and the manner in which he mitigated some of them.
期刊介绍：
Israel Studies presents multidisciplinary scholarship on Israeli history, politics, society, and culture. Each issue includes essays and reports on matters of broad interest reflecting diverse points of view. Temporal boundaries extend to the pre-state period, although emphasis is on the State of Israel. Due recognition is also given to events and phenomena in diaspora communities as they affect the Israeli state. It is sponsored by the Ben-Gurion Research Institute for the Study of Israel and Zionism at Ben-Gurion University of the Negev and the Schusterman Center for Israel Studies at Brandeis University, in affiliation with the Association for Israel Studies.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
