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Pnina Lahav - Judgment in Jerusalem: Chief Justice Simon Agranat and the Zionist Century

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Simon Agranat (1906-1992) was the third chief justice of the Israeli Supreme Court and a founding father of Israeli law. Born in Louisville, Kentucky, and educated at the University of Chicago, Agranat brought U.S. progressivism and constitutionalism to Israeli legal soil. Agranat laid the foundation for Israels bill of rights and took part in nearly every important Israeli legal and political issue of this century. Pnina Lahavs rewarding study of Simon Agranat portrays Israeli history through the lens of judicial opinions. It is based on her extensive interviews with the justice before his death and a close examination of his papers. A major theme in her book is the relationship between Agranats world view and landmark Israeli Supreme Court opinions, and she tells the compelling story of a visionary jurist and an American pursuing his Zionist dream in Palestine. Here, too, is an illuminating view of Israeli history and legal culture that includes the Arab-Israeli conflict, the Holocaust, the symbiosis between religion and the Jewish state, and the tensions within Zionism itself. Lahav also details the thinking behind Agranats 1962 decision to convict Adolph Eichmann and the justices dissent in the Who Is a Jew? case in 1970.This is the first biography of the man who made both a geographical and a psychological journey from the United States to Jerusalem. In demonstrating the influences of one culture on another, Judgment in Jerusalem provides important insights into Israeli law and politics and into the complex processes that form a national identity.

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Page iii
Judgment in Jerusalem
Chief Justice Simon Agranat and the Zionist Century
Pnina Lahav
Page iv To Mort The publisher gratefully acknowledges the contribution - photo 2
Page iv
To Mort
The publisher gratefully acknowledges the contribution provided by the Art Book Endowment of the Associates of the University of California Press, which is supported by a major gift from the Ahmanson Foundation.
The publisher also gratefully acknowledges the contribution provided by the General Endowment Fund, which is supported by generous gifts from the members of the Associates of the University of California Press.
University of California Press
Berkeley and Los Angeles, California
University of California Press, Ltd.
London, England
1997 by
The Regents of the University of California
Library of Congress Cataloging-in-Publication Data
Lahav, Pnina, 1945
Judgment in Jerusalem: Simon Agranat and the Zionist century /
by Pnina Lahav.
p. cm.
Includes bibliographical references and index.
ISBN 0-520-20595-2 (cloth: alk. paper)
1. Agranat, Shimon, 19061992. 2. JudgesIsraelBiography.
3. LawIsraelHistory. 4. ZionismHistory20th century.
I. Title.
KMKIIO.A38L34 1997
347.5694014092dc21 96-40381
CIP
Printed in the United States of America
9 8 7 6 5 4 3 2 1
The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984.Picture 3
Page v
CONTENTS
Illustrations follow p. 162.
Acknowledgments
vii
Prologue
xi
I. From America to Palestine
1. America, 19061930
3
2. Palestine, 19301948
40
II. Laying the Foundations for a Judicial Bill of Rights
3. Israel, 19481953
79
4. In Quest of Progressive Reform
90
5. The Foundations of Progressive Reform
107
6. Law, Morality, and Judicial Review
113
III. Confronting the Holocaust
7. Blaming the Victims: The Kasztner Trial
121
8. Blaming the Victimizers: The Eichmann Trial
145

Page vi
IV. Politics and the Rule of Law
9. Who Is the Guardian of the Law: The Minister of Justice or the Attorney General?
165
V. Between Past and Future
10. Chief Justice Agranat
175
11. Arab Representation in the Jewish State
181
12. Who Is a Jew? The Split Revisited
196
VI. The Yom Kippur War
13. War and the Agranat Commission
223
VII. Judging the Truth Truthfully
14. Retirement, 19761992
247
Epilogue
251
Notes
255
Glossary
313
Index
315
Table of Cases
329

Page vii
ACKNOWLEDGMENTS
This book was in gestation for more than a decade. Harry Hirsch introduced me to the genre of judicial biography long before I embarked on this project. He and I had many discussions about the pleasure and pain of biography writing, and I benefited enormously from his insights. A 1984 fellowship from the Rockefeller Foundation enabled me to spend a year in Israel doing research, conducting interviews, and otherwise launching the "Agranat project." Without that initial support, I could not have written this book.
The Boston University School of Law consistently gave me material and emotional support. Without my good friends on the faculty, our former dean, Colin Diver, and particularly our present dean, Ron Cass, I would not have been able to complete this project. Alan Feld, Tamar Frankel, Fred Lawrence, Fran Miller, Bob Seidman, and Larry Yackle taught me that one can build true and enduring friendships even without a common background and similar professional interests. By making me feel at home in the United States they helped me experience some of those things that made Simon Agranat love his native land.
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