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The Sabra's Lawless Legacy

By Assaf Sagiv




 Of course, despite all of this, Israel is neither a banana republic nor a failed state. It has proved its resilience as a democracy in the face of constant threats to its security and frequent political and economic crises. The Israeli press, among the freest in the world, exposes cases of corruption with almost militant spiritedness. So, too, does public opinion overwhelmingly reject, albeit with a hint of hypocrisy, flagrant displays of dishonesty. And perhaps most important, the Israeli legal system has not hesitated—despite its frustrating tardiness—to act against lawbreakers at all levels of society.
But the general outlook is not encouraging. More and more Israelis display political apathy and disinterest in public affairs. Worst of all, they are becoming morally desensitized. Such a mood makes it possible for corruption to spread at an alarming rate. The fact that the state’s leadership sets such a bad example certainly does not brighten the prognosis. 
In light of these disturbing trends, the courts may seem like the sole remaining guardians of the rule of law in Israel. Perhaps because of this, since the early 1980s the judiciary has grown in strength while consistently undermining the authority of other branches of the state. Ironically, this vigorous judicial activism, orchestrated by former Supreme Court chief justice Aharon Barak, has not strengthened the stature of the Law in Israeli society. In fact, it has had quite the opposite effect: The Supreme Court’s effort to extend its authority over every aspect of Israeli life is viewed by many as an outrageous attempt by a secular, liberal Ashkenazi elite to preserve its social and ideological hegemony through judicial fiat. The reaction may not have been swift, but it was decisive: Following a golden age of two decades, during which it enjoyed unprecedented influence and prestige, the Supreme Court today is locked in an intense power struggle with other players in the public arena who consider its “rule of law” little more than judicial tyranny.
For all its flaws, however, the Israeli legal system deserves our full support in its battle against corruption. But this is not enough. Contempt for the Law is deeply ingrained in the cultural foundation on which the Jewish state rests. To deal with this problem, we need, first and foremost, an intensive educational endeavor on a national scale. Nothing less will do. All those institutions entrusted with the upbringing of future generations—the family unit, the schools, even the army—must be recruited to the cause. They must work to instill a healthy civic consciousness in Israeli youth. They must help to mold a people which does not simply fear the law, but also regards it with genuine respect.
This process can only begin with a soul-searching look at our own history. Israelis must lucidly reevaluate their legacy and identity and apply the necessary remedies. Such examination does not entail forsaking Zionism, of course. Rather, it means pushing it forward, past its half-century-old arrested adolescence. The youthfully rebellious sabra has served his historic purpose. It is time for Israel to grow up.
 
Assaf Sagiv
July 3, 2008


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