Israeli Legal Structure: Uphold Laws of the Land: Ottoman & British Legacy

Shlomo Cramer in the uniform of British police 1938. Israelis served in British police and armies during World War II in the hope of stopping the German forces  http://pikiwiki.co.il/?action=gallery&img_id=5752

I am still thinking about how to explain to the average Libyan citizen daily democratic life.  US president Obama said recently "Democracy does not end with free elections". That might seem like an obvious statement, yet in many places this idea is not completely clear. How do you actually explain democracy? Israel is probably one of the best examples of democratic success. A country started completely unplanned by a few immigrants from around the world, mostly from non-democratic countries (Russia, Yemen, Poland). Now it is one of the best examples of democratic government. Democracy in Israel is complex and sometimes not exactly what you would think (a more direct description would be "a mess" and definitely "frustrating"). Still, Israeli democracy is free and usually fair for the average citizen. Democracy in Israel also support a strange legal system. A system made up of Jewish, Ottoman (Turkish), British and international legal roots all at once. The Israeli legal system resembles other democratic areas in the society. There is acceptance and compromise across the board. In government, business, culture, religion, economy and lifestyle, very different democratic ideas make up the landscape. People live with differences and usually try to accept them. Religious live with secular, nationalists live with free traders, business with labor. This acceptance is what makes for real democracy: living with differences and allowing others to have their own lives. Israel's legal system is a good example of democracy in this country. 

Israel has a complex legal system structure. Roots from legal systems such as Rabbinical laws, Ottoman laws, British common / business laws and modern Israeli laws (from modern international influences) make up laws today. Together all these different laws may seem complex, but in reality they each cover a separate part in the system. Each logical and not that complicated. Family law is based on rabbinical law. This governs marriage and divorce and family related laws. Rabbinical laws are also used in permits for food sales and restaurant licenses. This originates from rabbinical Kosher food inspection practiced in Jewish communities of eastern Europe and the middle east. Rabbinic law has been practiced uninterruptedly for at least 1,000 years in Europe (some estimate 1,400 years). Since the ruling barring polygamy were established at the year 1,100, Jews have followed Rabbinical  marriage laws. To some secular Israelis Rabbinical laws seem old, irrelenat and harsh. But overall the state seems to be well respected in International legal circles when it comes to family law. Family law judges come from the community of practicing lawyers (secular) and Rabbis (religious, Orthodox). The Rabbis are trained in orthodox yeshivas and usually practice family law for years in the Jewish orthodox community. This fact alone makes many secular Israelis judgmental. There is a big divide in how Jews practice religion in Israel and secular Israelis do not understand (trust and appreciate) most orthodox Jewish community laws. 

You may be puzzled and ask what does Ottoman Empire and British Empire laws have to do in a modern Israel? Simply put, these have been "laws of the land" long before the Israeli state was founded in 1948. The Turkish ruled Israel for a long time from 1517 to 1917. They were defeated by the British in World War I. The Turks left the "Tabo" system (literally means land in Turkish): land registration system and land ownership laws. To this day, there are still land registration documents from Ottoman era. Laws on the books from the Ottomans have been translated to Hebrew and Arabic and integrated into modern Israeli legal practice. Both Jews and Muslims land purchases were registered with the ruling Turkish authorities. Their system considered fair and accurate to land owners. This part of Israeli law is also a little strange but still holds up in modern Israeli courts. The Israeli state and before that Jewish organizations tried to reform the Turkish practices. But until today, not much has been done. There are complaints from businesses and independent land owners on a few issues such as land leases. In Israel most of the land is owned by the state or the Jewish National Fund. Land is leased to individuals and businesses for 49 or 99 years. Many Europeans and Americans do not understand this arrangement. People who came from legal systems where land ownership is a fundamental right, do not understand leasing. Yet, land leasing practice by itself is not actually related to the Ottoman laws still practiced today in Israel. 

British imperial laws govern many basic business and trade practices in Israel. Corporate finance is measured and reported according to British standards (companies report "turnover" rather than "earnings and profits"). Contracts and trade agreements laws has also been mostly based on British laws. These roots help Israel integrate well with European markets (regulatory and financial). It also maes for easier mergers and acquisitions of Israeli companies  with European companies. The large number of American companies and investors seem a little confused that Israel, which has mostly done business with American companies the last three decades, uses European and especially British business standards. At times, the British business world seems downright hostile toward Israelis. Still, what has been started here during the British occupation is kept (the British ruled from 1917 to 1948). I think of the use of British standards in business as a reflection of stability and overall conservative culture in Israeli law. While some things are being updated, others stay as they were. So while Israel is a modern state in terms of government ideas and democratic rule, it's laws go back hundreds of years with basic concepts solid in established legal systems. It also shows of the flexibility of the Israelis, adopting systems of standards where none existed before. Jews from the diaspora did not have strong legal systems for land and business. Therefore it made sense to learn and use the systems available at the time.

Overall, Israeli legal system is structured, fair and well administered. There are well defined laws and legal structures which serve both citizens and the state. Some laws going back centuries even millennium. Israeli lawyers and judges practice a mix of legal systems, all derived from other systems which governed Israel long before the state became independent. There is more to write about how the legal system is run and how the citizens of Israel deal and feel about the legal systems and the people who run them. Not always fair or legal, but always interesting.