Judaism and Rechtsstaat

Type :

Presentation

Pages :

4 pages

Format :

.doc

Published date :

01/15/2009

Category :

Philosophy & literature

Sub category :

Humanities/philosophy

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Summary :

Introduction.
The Zionist compromise and its consequences.
1. The practical necessity of compromise on religious demands in order to preserve unity.
2. The ascendancy of the religion over the political sphere.
'Theocratic temptation' and respect of the Rechtsstaat.
1. The institutionalization of the Halakha doesn't respect the democratic principles.
2. The religious threat: An illusion.
Conclusion.
Bibliography.

Abstract

The modern political philosophy, influenced by the Enlightenment and the ideal of individual liberty developed by Locke, considers that the political sphere must be independent from the religious sphere. In Israel, this separation between the State and the religion is not so clear. The Israel's declaration of independence explicitly defines Israel as "a Jewish state in the land of Israel". The religious and racial criteria are used in order to define Israel's identity. But, if Israel is a Jewish state, it cannot be a democratic one because a state employing racial criteria would be undeniably exclusive and a state based on religious principles would be by definition theocratic. According to Hans Kelsen, a country cannot be a liberal democracy without being a rechtsstaat which literally means a "rule of law state "or "constitutional state".