Studies in Israel Legislative Problems...

An impressive collection of thoughts on major legal problems facing Israel, a country where the law is at a transitional stage and in the process of continous growth.

ON R E C E P T I ON A N D ON T H E L E G I S L A T I V E P O L I C Y O F ISRAEL by GUIDO ( GAD) TEDESCHI* Contents. I: 1. Reception — within limits — as a common and natural phenomenon; 2. Reception and imposition; 3. Reception, 4infiltration* and 4crypto- reception; 4.4Inoculation as contrasted with reception and infiltration; 5. Reception of foreign law as against a peoples reversion to its national law or the acknowledgement of that law as the 4true law. II. 6. Reception of solutions and reception of dogmatics; 7. Reception of Roman dogmatics in continental Europe; 8. Expansion of English dogmatics in the common- law world; 9. Possible persistence of dogmatics while material provisions change; 10. Infiltration of Continental dogmatics in England; 11. Reception of solutions by themselves — limits to the elasticity of the dogmatic tools; 12. Reception of dogmatics and terminology. Ill: 13. Derivation of solutions and dogmatics from Jewish law; 14. Drawbacks of the dogmatics of Jewish law; 15. The need for further elaboration of the dogmatics of Jewish law to make them usable; 16. The choice between Roman- Continental and English dogmatics; 17. On the reception of the dogmatics of English law; 18. On the reception of the dogmatics of Roman- Continental law; 19. On the lack of direction in the legislation of Israel. I 1. In law, as in other spheres of culture, 4reception is in one sense a natural and normal phenomenon which is common everywhere, particularly today. Ideas show little respect for national boundaries. Under normal conditions they tend to circulate freely and cannot be confined within arbitrary limits. Moreover, since neither legislators nor judges function in a vacuum they necessarily partake of the views and opinions around them and imbibe ideas which originated outside their own countries — either receiving them directly from abroad or obtaining them locally after their reception by others. 1 * Professor of Civil Law; Chairman of the Council and of the Executive Com-mittee, Institute for Legislative Research and Comparative Law, Hebrew University, Jerusalem. 1. Cf. R. David, 44Reflexions sur le Coltoque ( TIstanbul in VI ( 1956) Annates de la Faculte de Droit cTIstanbul, p. 239 f. Chapter Home  | TOC

Studies in Israel Legislative Problems (Scripta Hierosolymitana, XXII)


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