Supreme difficulty

One of the main pleasures of legal translation is the story. Specifically, because there is a dispute, each side argues its point of view. This discussion is often fascinating and illuminating. Of course, the peak of such argumentation involves decisions of the Supreme Court.  Since I translate from Hebrew into English, I have learned the discretion can be better part of valor when it comes to taking on translation of Israeli Supreme Court decisions.

As compared to the structure of the American legal system, the Israeli Supreme Court is much more active and controversial. The reason is that a petitioner can access the high court in two manners. The court serves a court of last appeal, as in the United States. In addition, any citizen whose rights may be in danger of being breached may directly petition the Israeli Supreme Court to request a court order, which must hear the case, unlike in the United States. This is someone similar to the American process of filing a request for a restraining order in a state or federal district court. However, the Supreme Court has more freedom and thus can issue new interpretations of the law. Since these “emergency” situations generally involve complicated situations, such as immigration or destruction of property, the results of these appeals are of interest to both the legal and general community.  To give an example, if Benjamin Netanyahu succeeds in forming a government after the March elections, the Supreme Court undoubtedly will undoubtedly have to decide whether a prime minister, as compared to a minister, under indictment can legally serve, an issue regarding which current Israeli law is silent. Therefore, decisions of the Israeli Supreme Court are almost always relevant and controversial.

The justices must be extremely erudite. As a crossroads of multiple cultures and regimes, Israeli law is strange mélange of legal principles. In the United States in the states of Louisiana and Hawaii, certain matters actually follow the principles of Napoleonic and native law, respectively. In Israel, the situation is much more complex. Modern Israeli law, enacted since 1948, governs many but not all matters and is often vague or incomplete, whether intentionally or unintentionally. The regulations applying these laws sometimes take years to enter the books, complicating the issues even more.  The British ruled the territory from 1918 to 1948 and established many basic laws, some of which have not been replaced. The Ottomans ruled the region from 1517 to 1917 and had a complete set of laws. Unfortunately, the Turkish rules still have a strong influence on the procedures of land ownership. Even more relevant, religious laws still regulate marriage and divorce (but not custody) to the point of the existence of a separate special religious court system for Jews, Christians and Muslims, all applying ancient law. If none of these sources are clear, judges can refer to either modern American law, which does have a strong influence on legal reasoning, or, paradoxically, ancient Jewish law. To explain, the Halacha and Talmud, to name just the main sources, are interpretations of the Bible, similar to the body of interpretations on the Universal Commercial Code (UCC) in the United States.  Any decision supported by reasoning from these deeply respected sources has great weight. So, Israeli judges must have broad knowledge, way beyond current Israel laws and regulations.

Adding to the fun of reading and translating the decisions of the Israeli Supreme Court is the sheer number of languages that must be taken into account. Israeli law is in Hebrew. The application of the British colonial laws requires solid knowledge of English. Furthermore, many terms in Turkish law still are used in Israeli law, such as tabu, meaning registered ownership of land. Applying Islamic law requires knowledge of Arabic while Talmudic law requires understanding of Aramaic, an ancient language related to Hebrew. As American and British law traditionally use Latin terms to render the language fancier, judges must also be thoroughly familiar with that language. So, the learned judges of the Israeli Supreme Court must have thorough knowledge of Hebrew, English, Turkish, Aramaic, Latin and even sometime Arabic legal language.  It should be noted that many do not hesitate to demonstrate this mastery in their decisions.

Thus, the intrepid translator, facing some 200 pages or more of legal arguments from this huge corpus of sources, has to understand and transmit their meaning into English. For this reason, I have the greatest respect for those that successfully and artfully translate Israeli Supreme Court decisions into English.  I personally will only translate decisions up to the appeals court level and leave the Supreme Court decisions to the supremely talented and knowledgeable few who can properly handle them.

Jerusalem of gold, copper and light

Trump’s controversial announcement to move the US embassy to Jerusalem has elicited a larger than usual number of skew comments.  What I mean is that the various reactions do not relate to the same Jerusalem although the name of the city is the same.

To explain, to religious and ideological Jews, Jerusalem is the soul of Judaism, the basis of the faith, and is symbolized by the Wailing Wall and Temple Mount.  Without Jerusalem, Israel has no anchor for existence. While this image is very strong and commonly felt even by non-religious Jews, it ignores many facts. A Jewish state without Jerusalem in ancient times did exist when there was a split between Judah and Israel. Secondly, administratively and population wise, East Jerusalem is more Jordanian/Palestinian than Israeli.  Many of its key institutions are directly or indirectly run by Amman, including the educational system and Waqf. Despite the fact that Jerusalem was united more than 40 years ago, it remains a divided city.

That does not mean that the official Muslim portrayal of Jerusalem is any more accurate. In the eyes of many Muslim, Jerusalem is the city from where Mohamed rose to heaven. Its holiness is symbolized by the Golden Dome Mosque, Al-Aqsa. Jewish control of the area represents a spiritual threat to the religion as a political threat to the Palestinians, who also consider Jerusalem as their religious anchor. This approach ignores the fact that the mosque is build on the ruins of a church, which is built on the ruins of the two ancient Jewish temples, which was built in the area conquered by the Jewish King David from the …….  There is no certainly no clear Muslim or even Arabic title to this land. Moreover, the Koran does not even directly mention Jerusalem, although the city may be referred to indirectly. Thus, to claim that Jews have no title to the city is ridiculous.

The “neutral” international attitude to Jerusalem is muddled. Jerusalem has an important place in Christianity. Yet, Christian access is not threatened either by the former or new US position. More importantly, the world is bewildered by the fervency and lack of rationality in regards to any discussion regarding the city’s status. Thus, it prefers to bury the issue under the carpet and allocate to later discussions between the disputing parties, who so far cannot agree on far simpler matters. On the other hand, like any fundamental dispute, the status of Jerusalem and its holy places will continue to heighten tensions to everybody’s loss. It is a bit of a Gordian knot. It is often forgotten that Jerusalem is not only a symbol but also a real city with people trying to cope with a complicated geographical, architectural, political and social structure.

My view is that fundamentally Trump’s declaration and eventual implementation changed very little. In any case, the US Embassy would be located in West Jerusalem. This move would not in fact prevent the Palestinians from having their own state and making East Jerusalem their capital if such a solution is ever agreed upon. The facts on the ground should (but do not always) determine the reality.  The two state solution is theoretically possible with Jerusalem as a divided city, albeit not necessarily according to pre-1967 borders on the condition that freedom of religion for all is maintained and the parties can agree.

Yes, I know the John Lennon song Imagine comes to mind, hopefully or cynically. In any case, we need a bit of Naomi Shemer‘s light to enter the Middle East and allow people to live their lives in peace. Let all of us pray to the peace of Jerusalem, whichever city you have in mind.  If we can make that happen, anything is possible.

Coexistence in the Galilee

Reality in the Middle East is either much simpler or complex than it appears.  Seemingly clear reality often becomes quite blurred when you start focusing on the details.  For example, the Galilee is divided more or less equally between Jews and Arabs and is an undisputed part of Israel.  Consequently, relations between the sectors are regular and peaceful. In other words, while there may not be integration, the Galilee is a place to show what coexistence can be. 

The problems begin with the definitions.  What are Arabs, just mentioning the main groups?  There are Moslems, Christian, Druze, Circassian and even Bedouin communities.  While all may speak Arabic, they share a long history of conflict and identify with different external communities.  Some serve in the army while others view the army as the enemy.  In fact, just recently, there was a large ethnic tussle in a village in the North between Druze and Muslims that resulted in many injuries.   On the other side, Jewish attitudes towards the local Arabs vary significantly depending on age (teenagers tend to be quite racist), life experience, ethnic origin (Ashkenazi vs. Sephardic), and political opinion. Moreover, many locals do not distinguish between the various communities. The level of trust (or distrust) as well as interaction can vary widely.

While it is clear that the Palestinians from the Judea and Samaria view all of Israel as Palestine, the attitude of the local Arabs is more complex.  According to studies and realities, they are proud of their Arab identity, speaking Arabic and not wanting to give up their community connection even if they do intermix with the Jewish population.  For example, at the college where I teach, the various Arabs speak Arabic openly and exhibit no “oppressed” behavior.  At the same time, I have never seen any refusal of students of different ethnics to work or talk with each other.  By contrast, there are certain limits.  Flirting with girls of the other religion is not looked on fondly by anyone.  Mothers of all kinds want their children to marry “one of ours”.  Recently, two local teenagers that reached the finals of a regional Arabic singing contest stated that they were from Palestine and expressed anti-Israeli opinions. From the other side, many Galilee residents do not view them as Israelis. It is clear that it is currently quite hard to maintain an “Israeli-Arab” identity.

The current coexistence is also far from uniform.  The dominant reality is that there is a strong economic necessity to live in peace.  Karmiel, the intended and actual capital of the Galilee, is surrounded by Arab villages.  Today, without Arab customers, most retail business in Karmiel would go bankrupt.  The same can be said for the businesses in the villages in terms of Jewish customers.  Even more, due to Shabbat labor laws and a better approach to service work, Arab workers provide an important source of employees, which helps the high standard of living in the villages.  Where economic interests apply, coexistence is the rule.  Yet, the police are very careful when entering the villages and arresting Arab thieves (one of the growth industries in the area).  Fights often break out on Friday night when Arab boys come to Karmiel and catcall Jewish girls.  Most seriously, every ten years or so, there are riots and rock throwing incidents, generally by younger people, “confirming” the distrust between the community. Still, according to a recent survey, almost 80% of Israeli Arabs would not move to a Palestinian state.  Apparently, life as an Israeli-Arab may be complex but has many positive points.

So, in fact the Galilee is an island of coexistence between Jews and Arabs, just as it seems.  In addition, it is also a spectrum of internal and external conflict between communities involving identity and interest that defies generalization.  In terms of future hopes, I can only quote the quaint Polish blessing, “May it not get any worse.”

Of Hearts and Minds

In those rare moments that I have time and choose to watch TV, I am faced with a common problem: despite the countless stations available, there is nothing of interest to watch.  It is hard to imagine but there is a limit to how many house renovation and cake baking shows one can suffer through.  In these moments of despair, I have an admittedly unusual habit (not downloading X rated movies – that is common):  as a comparative study activity, like to watch the religious programming channels. Fortunately, Israeli cable has three Jewish and two Christian channels.  For some reasons, the Moslems spiritual leaders do not broadcast in English here.  In my “studies”, I have noticed an extreme difference in how the Word is preached.

A word of background is required.  I personally am an atheistic Jew. This may sound contradictory since Judaism is a monotheistic religion.  However in practice, as Jean Paul Sartre said after the war, you are a Jew since the world views you as such.  I don’t deny my religious/cultural identity and even embrace it.  I simply believe that all religions are bubbemeisis, grandmothers’ tales, albeit with bits of wisdom here and there.

Watching those Protestant preachers, I first admire their oratory skills.  They expertly move their bodies, voices, and vocabulary to keep the audience’s attention and get the message to the crowd.  In terms of public speaking, they are worthy of imitation.  On a more spiritual level, the message, as delivered by at least 20 such TV preachers, is quite simple and intuitive: accept Jesus and your life will become better.  The emphasis is on the result, not the process.  I have never actually understood from them what special behavior is expected of a born-again Christian aside from listening to God and prayer, admittedly highly subjective bases for action.   The actual rules for living are a bit unclear. In short, for these speakers of the Word, faith is the key.

By contrast, the various rabbis striving to bring us doubters back into the fold appeal to our brains.  They explain the importance of every mitzvah, God-ordained good deed, by logic and demonstration.   Curiously, these rabbis admit that a true Jew is not capable of completely understanding the logic of each desired act of commission and omission, but they still try to persuade us that is for our own good to keep the Sabbath, leave the ground fallow every seven years, and visit a ritual bath, to name just a few. The emphasis is heavily on the rules of being a good Jew, some of which actually make sense in their own right.  By contrast, the biggest act of faith required of a Jew is to believe that Torah, its commentaries, and the Halacha are all written by the hand of God.  For these enthusiastic proselytizers, that fact is obvious and does not require reinforcement.  It should be stated that the oratory skills of the most Jewish TV hosts are seriously in need of improvement in most cases. 

In summary, if someone is looking for salvation and relief, it appears much easier to become a Christian because all you have is faith.  By contrast, being Jewish and happy takes intellectual effort and study.  Fortunately, those poor souls lacking sufficient hearts and minds can attain euphoria through the cooking channels and Adam eats America. Variety is the spice of life.