Summer School: Introduction to Israeli Law

fakultatywne
języki obce
monograficzne
ogólnouniwersyteckie

Program adresowany jest do studentów UW (od 4 semestru) zwłaszcza prawa, MISH, Zarządzania, historii, studiów judaistycznych.

w sali

The course offers a cursive introduction to a unique legal system of mixed jurisdiction, deeply rooted in the continental tradition, yet applied the Anglo-American way. It will tackle the constitutional challenges: citizenship and nationality dilemmas and the role of the religion(s) in the state legal system. International criminal law will be discussed in the context of a conflict circumstances as well as the historical antecedents. The course would also cover procedural issues, by discussing various social dilemmas that arise with regard to the way courts determine factual findings and how these dilemmas shape evidence law. Private and commercial law will be discussed, as well socio-economic rights and legal equality in a mixed society. Each module will require some moderate preparation/self-study with the provided materials (ca 50 pages reading).

2022 Edition

29–August–7 September 2022

(Classes will be held 9am–1.30pm on 29, 30, 31 August, 1, 5 September).

Module 1: Introduction to Israeli Law, Shani Schnitzer, TAU Buchman Faculty of Law

F Israeli Law is an intricate mosaic of various legal traditions, historical sources and jurisprudential influences. This module aims to shed light on its unique, multi-faceted hybrid nature, by way of exploring the roots, evolution and current structure of the Israeli legal system.

Module 2: Israeli Constitutionalism, Elyakim Rubinstein, late Justice and Vice-President of the Supreme Court

F While Israel does not have a full fledged “formal” constitution, it has Basic Laws that have been construed by the Supreme Court as authorizing Judicial Review. The course will describe the history and application of the above, as well the appointment of Justices and work of the Supreme Court, seen, in particular from the teacher’s perspective as the High Court of Justice.

Module 3 IT Law and Law of New Technologies, Prof. Michael Birnhack (TAU Buchman Faculty of Law

1. A general framework of law and technology

In this lecture, we will discuss the theoretical issues, main views on the topic, and provide some examples from the regulation of various challenges, such as governmental regulation of terror supporting or prostitution content. There is an Israeli law on the matter, as well as an informal practice of removing contents via the Cyber Unit’s direct approach to digital platforms. The Supreme Court approved the latter practice.

2. Privacy in Crisis

This lecture will begin with an overview of present privacy challenges – from government, the private sector, including social media and online data giants; will present in broad brush various solutions, including the GDPR. Obviously, one cannot go into too much detail in a limited time. A leading case study will be the use of the Israeli Security Agency’s secret technological tool for the purpose of contact tracing during Covid.

3. Privacy by Design

This lecture will combine the previous two, with searching for a technological solution for the privacy challenges, within a legal framework. Examples will be discussed, such as body scanners in airports, and the publication of judicial opinions online, with examples from Israel.

Module 4 Sex on Trial: The theory and practice

of the criminalisation of sex in Israel, Prof. Amit Pundik (TAU Buchman Faculty of Law)

This module examines three issues: (1) the criminalisation of prostitution (in particular, the new Israeli offence criminalising clients for purchasing sex); (2) deceptive sex (in particular, which characteristics of the perpetrator, their relations with the victim, or of the sexual act itself vitiate consent); and (3) the use of the complainant’s sexual history to prove consent.

Module 5 Law, Space and Society in Israel, Prof. Yishai Blank (TAU Buchman Faculty of Law)

Israeli society is often spatially organized according to nationality, religion, ethnicity, class and other divisions. The law impacts and shapes this spatial organization, which is often segregated and unequal. This module will analyze the various legal domains – local government law, constitutional law, administrative law – that take part in the construction of Israeli space and society, and will normatively assess them.”

Module 6 Civil Procedure, Prof. Issachar Rosen-Zvi

Learning Outcomes

Upon completion of the course students are able to

identify and describe the main features of the Israeli legal system 
in its political, social, and religious context.

comprehend and explain the role of law as a social regulator, 
with its ethical, communal, and business implications.

understand the core concepts of privacy in the Digital world and reflect 
on their particular situation in this respect.

reflect on justice-restorative function of law in its historical and contemporary context, 
and critically appraise the dilemmas therefrom arising;

understand basic concepts of law and economics approach and exemplify them;

appreciate variability of solutions of legal problems in a foreign legal system 
in comparison to the system adopted in his/her own country.

explain and critically discuss selected legal institutes in comparative perspective;

develop their proficiency in English for law.

1. The exam will consist of 12 questions.

2. Each will be addressed in two of these questions (do not that that Module 1 and 2 will have separate set of questions!).

3. Students are required to choose and answer one question pertaining to each module, for a total of six answers to be graded.

4. Answers are limited to 15 lines of handwritten text.

5. Total duration of exam: 120 minutes.

6. The exam will be conducted with closed books. Only dictionaries may be brought in and used.

7. Exam scores will account for 90% of course grade. Attendance and participation will constitute the remaining 10% of course grade.

8. We reserve the right to assign additional bonus points to exceptional students.

9. Good luck!

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