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Articles 1 - 8 of 8
Full-Text Articles in Law
The Right To An Exclusively Religious Education – The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler
The Right To An Exclusively Religious Education – The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler
Gila Stopler
The ultra-Orthodox Jewish community in Israel has its own separate education system which is funded by the state and in which boys are given an exclusively religious education with almost no exposure to secular subjects or to civic education. At the same time that the Israeli Supreme Court was scheduled to rule that the state may not continue to fund ultra-Orthodox private schools that do not teach the national core curriculum the Israeli parliament passed the Unique Cultural Educational Institutions Act which upholds the right of the ultra–Orthodox community to give their boys an exclusively religious education funded by the …
Probability Thresholds As Deontological Constraints In Global Constitutionalism, Gila Stopler, Moshe Cohen-Eliya
Probability Thresholds As Deontological Constraints In Global Constitutionalism, Gila Stopler, Moshe Cohen-Eliya
Gila Stopler
This Article calls for the re-introduction of probability tests—such as the abandoned American “clear and present danger” or the Israeli “near certainty” test—and for their integration into contemporary models of rights adjudication in global constitutionalism. This stance is supported, inter alia, by psychological research on the cognitive bias of “probability neglect.” Both the American strict scrutiny test, which focuses on a rigorous means-ends analysis, and the highly influential German proportionality test, which centers on the balancing of rights and interests, fail to properly ensure the priority of rights. The Article contends that it is important to integrate a probability requirement …
Women As The Bearers Of The Nation: Between Liberal And Ethnic Citizenship, Gila Stopler
Women As The Bearers Of The Nation: Between Liberal And Ethnic Citizenship, Gila Stopler
Gila Stopler
The situation of women in Israel is a complex one. While in many respects women enjoy advanced liberal citizenship rights, in other respects, especially in the domain of personal status law, they suffer from serious restrictions on their rights and from discrimination. I will argue that this discrimination is the result of Israel's commitment to maintaining its character as a Jewish state through a preservation of a Jewish majority in Israel. This commitment results in legal restrictions on the right to marry and on the right to have an abortion, both of which, as I will show, are strongly related …
Rights In Immigration: The Veil As A Test Case, Gila Stopler
Rights In Immigration: The Veil As A Test Case, Gila Stopler
Gila Stopler
Immigration often involves the migration of people of specific cultural and religious background to countries in which the predominant cultural and religious background is quite different. This may result in attempts by receiving countries to restrict the new immigrants' cultural and religious practices. The paper uses the debate surrounding the wearing of the veil in Europe as a test case for the way in which recognition rights may be affected by the process of immigration. First, the paper maintains that the balance of rights and interests involved in conflicts over immigrants' rights changes along the process of immigration, and divides …
On Conceptual Dichotomies And Social Oppression, Gila Stopler, Dana Freibach Heifetz
On Conceptual Dichotomies And Social Oppression, Gila Stopler, Dana Freibach Heifetz
Gila Stopler
This article aims to expose the philosophical and cultural mechanisms, which allow some forms of western religion (in this case mainstream Christianity) to join hands with western capitalism in the oppression of women and of the needy. Focusing on the example of the US, this article claims that both mainstream Christian religion and capitalism perpetuate and entrench discrimination against women and the oppression of the needy through the use of the cultural/philosophical dichotomy between love and justice and its corollary dichotomy between private and public. Against this background, the second part of the article examines several notions of love and …
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gila Stopler
This article will suggest a possible answer to the puzzling question of why despite the egalitarian principles upon which Western liberal democracies are allegedly predicated sex discrimination in these societies persists and sex discrimination on the basis of religion and culture is most often even countenanced and protected. I argue that the gendered structure of liberal society and of the liberal self, within which we all operate, serve as a framework within which different roles, different obligations and different paths for men and for women, in both liberal and non-liberal societies, seem natural and inevitable and therefore in no need …
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
Gila Stopler
Surveying the relationship between religion and the state in the US and in European liberal democracies the article distinguishes between five different facets of the relationship between religion and the state in liberal democracies - institutional differentiation between religion and the state, strong protection of religious liberty, the involvement of religion in politics, the extent of religious involvement in education and social services, and the levels of religious belief of individuals in society - and discusses how each of them affects women’s right to equality. The article argues that contrary to common assumptions the relationship between patriarchal religion and the …
. Countenancing The Oppression Of Women: How Liberals Tolerate Religious And Cultural Practices That Discriminate Against Women, Gila Stopler
Gila Stopler
In recent years the notion that religious and cultural practices should be accommodated even at the cost of relinquishing the protection of women’s rights has been gaining prominence and many abuses of women’s rights have been dismissed as justified and inevitable. In this article I argue that the accommodation of religious and cultural practices that discriminate against women is misguided and unjust. While religious and cultural practices can no longer serve as justification for discrimination on the basis of race, ethnicity and religion they still serve as the most prevalent justification for sex discrimination. The article analyzes this discrepancy, as …