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.

14 G. TEDESCHI Palestine Order in Council5 and the frequent references to English law in Mandatory Ordinances, as to the local Ordinances themselves which were based on English law, and followed it closely. For the authorities responsible for this so- called reception were not the representatives of the local population but representatives of the Mandatory Power which introduced its own law. It must be admitted that in Palestine as in other British dependencies the  natives themselves often asked for the intro-duction of English law; that is, certain sections of the local population desired it. But even in these cases one cannot speak of a real reception, if only because a choice between English law and other law simply did not exist in the circumstances. The political situation was such that those who wanted to rid themselves of existing law could not have adopted any course other than that of requesting the introduction of English law. The British authorities would certainly not have imported any other law. At best one can describe the process as an intermediate state between a reception and an imposition, parallel to, but the reverse of, the phenomenon discussed by Professor Rheinstein: instead of an  imposed reception there was here a  solicited imposition. In conclusion, it may be said that both the typical reception occurring on the free initiative of the receiver, and the imposition of law — whether merely suffered by those who submit to it or actually welcomed or even solicited — belong to a wider concept which may be referred to as  penetration ( from the point of view of the dominant system) and  absorption ( from the point of view of the servient system). As will also be seen, reception ( in the narrow sense of the word) and imposition do not exhaust the ways in which provisions of one legal system may penetrate into and be absorbed by another. 3. The invasion of this country by English law was not brought about solely through its solicited or unsolicited imposition by the Mandatory legislator. Only part of the English law which is now applied in our courts and the  English climate which pervades our law can be related to the activities of that legislator. With us much of it is due to  infiltration and  crypto- reception, not to mention the true, but fairly limited, reception which took place after the establishment of the State of Israel. We have said that a reception must be willed and that where the will is absent there is no reception ( in the narrow sense of the word) but an 5. Cf. The Palestine Order in Council, 1922, in Drayton, The Laws of Palestine, III, London, 1934, pp. 2569 ff. Chapter Home | TOC

Studies in Israel Legislative Problems (Scripta Hierosolymitana, XXII)


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