State and Religion in Israel: A Philosophical-Legal Inquiry

Description

State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law (Halakha). The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more.

Gideon Sapir is Professor in the Faculty of Law at Bar-Ilan University. A scholar of constitutional theory and the relations of state and religion, he is the author of Israeli Constitution: From Evolution to Revolution (forthcoming). Daniel Statman is head of the philosophy department at the University of Haifa and former chair of the Israeli Philosophical Association. He is the author of Moral Dilemmas (1995), Religion and Morality (1995), and most recently, War by Agreement: A Defense of Traditional Just War Theory (forthcoming).

'There are plenty of books and articles, both in Israel and abroad, which deal with freedom of conscience and religion. State and Religion in Israel by Sapir and Statman is the best of them all. No other book can compete with its intellectual honesty, sharp reasoning and comprehensive knowledge of the topic in all its complexity. I will not be exaggerating if I say that the public and legal discourse in Israel will improve as a result of the ideas in this book, which is mandatory reading for any thinking person.' Aharon Barak, Israel Prize Laureate and former Chief Justice of the Supreme Court of Israel 'The authors criticize current practices - which they find unjust and/or inadequate for the religious majority and minority and for wholly secular parties - and they offer remedies.' D. A. Brown, Choice