The basic principle of law
In the name of Allah the Merciful
Given the centrality of Israel's claim, the question of whether Israel does indeed have a "right to exist as a Jewish state" deserves serious consideration. A useful lens through which to examine this proposition is the foundational legal maxim I cited at the beginning of this chapter. Put in simple terms, if a person bears right, then there must be some venue- usually a court of law-where she can seek to have that right enforced, to have a penalty imposed on the violator, or to obtain some other form of legal relief. In the formulation of the eighteenth-century jurist William Blackstone, "It is a settled and invariable principle in the laws of England, that every right when with-held must have a remedy, and every injury its proper redress." His insertion of the word proper reminds us that a remedy must be lawful and equitable. If my neighbour cuts down my tree, a proper remedy might include paying damages to me, replacing the tree, and perhaps some restraining order to prevent him from felling other trees. It would not be a proper remedy for me to vengefully cut down my neighbour's trees, demolish the house, or kill his children.
-Ali Abunimah, The Battle for Justice in Palestine
Given the centrality of Israel's claim, the question of whether Israel does indeed have a "right to exist as a Jewish state" deserves serious consideration. A useful lens through which to examine this proposition is the foundational legal maxim I cited at the beginning of this chapter. Put in simple terms, if a person bears right, then there must be some venue- usually a court of law-where she can seek to have that right enforced, to have a penalty imposed on the violator, or to obtain some other form of legal relief. In the formulation of the eighteenth-century jurist William Blackstone, "It is a settled and invariable principle in the laws of England, that every right when with-held must have a remedy, and every injury its proper redress." His insertion of the word proper reminds us that a remedy must be lawful and equitable. If my neighbour cuts down my tree, a proper remedy might include paying damages to me, replacing the tree, and perhaps some restraining order to prevent him from felling other trees. It would not be a proper remedy for me to vengefully cut down my neighbour's trees, demolish the house, or kill his children.
-Ali Abunimah, The Battle for Justice in Palestine
Ulasan
Catat Ulasan