From Yehuda Etzion to Yehuda Glick

Fischer, Shlomo

doi:10.3167/isr.2017.320105

Cited by 14 publications

(2 citation statements)

References 3 publications

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“…Arnon Giladi, Internal Affairs Committee, November 27, 2013, 24 (in Hebrew) Rights Constitutionalism and the Challenge of Belonging 345 of this ethic with the universalist rights discourse was stark, the latter stressing the increased duty of concern to those whose otherness marginalized them and rendered them politically powerless and defenseless. While in the other two cases, as described above, opposition to the legal challenge came from within the liberal camp as well and was couched in rights terms, oppositional discourse in this case was expressed in nonliberal, traditional-communitarian terms that stressed the moral value attached to boundaries of identity and concern (Fischer 2016;Mizrachi 2016;Mizrachi and Weiss 2020).…”

Section: Detention Of African Asylum Seekers: Encountering a Local-na...mentioning

confidence: 90%

“…Initiatives for institutional reforms that would limit judicial powers and independence have yet to receive the political support that is needed for them to be implemented. Moreover, human rights discourse is considered legitimate and effective and is used by all parts of the political spectrum, as is recourse to the constitutional arena for claimed rights violations (Gordon and Berkovitch 2007; Dudai 2017; Fischer 2017). Judicial intervention to protect human rights usually meets with public and political acquiescence and is not reversed.…”

Section: Case Studies: Who Opposed Judicial Intervention For Human Ri...mentioning

confidence: 99%

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Rights Constitutionalism and the Challenge of Belonging: An Empirical Inquiry into the Israeli Case

Alexander

2022

Law Soc. Inq.

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Rights constitutionalism faces a global crisis of legitimacy, and recent years have seen a surge in scholarship on the crisis. The vast majority of analyses focus on broad structural factors and processes. This article takes a different approach: sociological and bottom up. I use qualitative discourse analysis to examine how social actors in Israel justified their antagonism toward rights constitutionalism in three cases where judicial intervention for human rights encountered exceptional public opposition and political backlash. The analysis reveals that social actors used discourses of belonging—both liberal and non-liberal—to challenge rights constitutionalism as a constraint on democratic politics, when they perceived rights protection as conflicting with or undervaluing boundaries of collective identity. Based on these findings, I introduce a new concept—the challenge of belonging—that expresses the normative tension between individual rights and collective belonging. By highlighting the ethical dimension of social opposition to rights constitutionalism, the sociological approach allows a nuanced understanding of such opposition. The challenge of belonging can account for mixed attitudes in the same polity and even in the same social group on rights-oriented judicial intervention, and it points to a common normative thread linking attacks on liberal constitutionalism in vastly different sociopolitical settings.

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Section: Detention Of African Asylum Seekers: Encountering a Local-na...mentioning

confidence: 90%

Section: Case Studies: Who Opposed Judicial Intervention For Human Ri...mentioning

confidence: 99%

Rights Constitutionalism and the Challenge of Belonging: An Empirical Inquiry into the Israeli Case

Alexander

2022

Law Soc. Inq.

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Messianic time, settler colonial technology and the elision of Palestinian presence in Jerusalem's historic basin

Busbridge

2020

Political Geography

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Women and the Holy City

Shitrit¹

2020

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Jerusalem's Temple Mount/al-Haram al-Sharif is the holiest place in the world for Jews, the third holiest place for Muslims and a constant feature in the Israeli-Palestinian conflict. Yet the gendered dimensions of inter-communal disputes over sacred space in Jerusalem, as well as in other holy places around the world, have been largely neglected, as have women's roles in these site-specific conflicts. An implicit association of women with peaceful politics and syncretic religious practices has obscured the fact that women are often key actors in inter-communal contestation of holy places. This study looks to three contemporary women's movements in and around Jerusalem's Sacred Esplanade: Women for the Temple - a Jewish Orthodox movement for access to Temple Mount; The Murabitat - Muslim women activists devoted to the protection of Al-Aqsa Mosque from Jewish claims; and Women of the Wall - a Jewish feminist mobilization against restrictive gender regulations at the Western Wall. Lihi Ben-Shitrit demonstrates how attention to gender and to women's engagement in conflict over sacred places is essential for understanding what makes contested sacred sites increasingly 'indivisible' for parties in the inter-communal context.

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From Yehuda Etzion to Yehuda Glick

Cited by 14 publications

References 3 publications

Rights Constitutionalism and the Challenge of Belonging: An Empirical Inquiry into the Israeli Case

Rights Constitutionalism and the Challenge of Belonging: An Empirical Inquiry into the Israeli Case

Messianic time, settler colonial technology and the elision of Palestinian presence in Jerusalem's historic basin

Women and the Holy City

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