Two Different Take on Yaakov Neeman’s Remarks
Much has been written about the Israeli Minister of Justice Yaakov Neeman’s remarks about Jewish law. There are two different comments on the episode in Haaretz. The first by Anshel Pfeffer can be found here. His conclusion, “Bring it on.” The second, by Seth Farber, places Neeman’s comments within their political context and his battles with the rabbinical court system. I personally favor Pfeffer’s approach, and to some extent it is already being done. The Foundations of Law, 1980, includes the following,
Where a court, faced with a legal question requiring decision, finds no answer to it in statute law or case law or by analogy, it shall decide it in light of the principles of freedom, justice, equity and peace of Israel’s heritage.
This is quite vague and has been interpreted in different ways.
For some interesting historical perspective see Assaf Likhovski‘s paper The Time Has Not Yet Come to Repair the World in the Kingdom of God: Israeli Lawyers and the Failed Jewish Legal Revolution of 1948.