The Maccabaean

THERE are two classes of problems inviting the attention of Zionists. First, the immediate practical problems to be clearly grasped and met as they arise, anticipated wherever possible and solved in a sober, rational spirit. These naturally occupy the forefront of our atten-

tion. Beyond these lie the more theoretical problems of the future, many in number and varied in scope, from which each one of us may select for study and suggestion that which peculiarly interests him. In the latter class stands the problem of the law in Palestine.

THE PROBLEM ANALYZED

Its statement immediately suggests a number of subsidiary problems. To what extent will the accepted traditional

Jewish law as developed through Bible, Talmud, Commentators, Codifiers and judicial interpreters be applicable in the new State? What will be its probable line of development? Which of its parts are likely to be discarded? To what extent will new law be developed and to what extent may the basis for the acceptance and development of such new law be found in the principles laid down in the old books? What will be the relation of the Jewish religious to the secular law? Will the old view according to which the two were merged be revived or will there continue the more modern view developed during the Diaspora, of the separation of the civil and religious law? To what extent will the old laws relating to the land be revived after lying in abeyance these many centuries, and can they be brought into accord with the new conditions which are obviously confronting society throughout the world and therefore in the new Palestine as well? And, finally, assuming that the world is entering upon a period of great economic and social readjustment, will the old law accommodate itself so as adequately to express the rules of life in the new Palestine?

Then we have to consider the relation of the Jewish law to the laws of the non-Jewish peoples in Palestine, and the possibilities of an assimilation of juristic ideas between them. The Mohammedans and the Christians, the various local groups in Palestine have their own juristic ideas well settled and established. Can these, or should these be uprooted to make way for Jewish juristic ideas, assuming that

the majority of residents in the new State will be Jews and that they will be the dominant element in the shaping of governmental policy and of law?

JURISTIC DIFFERENCES BETWEEN VARIOUS GROUPS IN PALESTINE

In considering the possibility of a conflict of laws between the various groups resident in Palestine, we must distinguish between those laws purely secular in character, concerning which there is already a reasonable approximation of view, and those laws which are founded more particularly upon ideas concerning which there is essential difference of view. It may be easy enough to reach an agreement concerning laws relating to railroads, telegraphs and telephones, and to the rights and obligations of persons travelling in airplanes. These are the new things of the modern world about which there are no sacred associations, but laws relating to the family are made sacrosanct by the tradition and association of centuries and millenniums, and are not easily changed.

Conflict’ of laws will probably arise between those laws that have their basis more peculiarly in religious views. In one sense, all law has a religious’ sanction and, therefore, the same difficulty would theoretically apply +0 all law, but practically it is recognized that the religious sanction is not invoked for the-gréat. body: of the law and that an economic or other rational motive.'and sanction is sufficient for its justification: But there is a small group of legal concepts relating to the family, the law of marriage and divorce, of parent and child, of inheritance, very closely connected with the religious sanction. “Insofar as there ‘is difference here, there is the possibility of strife. _‘

Let us consider for a moment the analogy of conditions in the United States of America. There is now and has been a tendency toward uniformity of law in the United States based upon the fundamental theory that we of this country are members of the same nation. It has been found in actual practice that such uniformity is possible only in those economic fields in which the universality of the subject matter is clearly recognized. Commerce is such a subject and, therefore, the commercial law of the United States tends more and more toward uniformity, although even in this field there is much difference of opinion in the different States. But when we come to the law of family relations, we find not only the greatest variety of view but also the most obstinate disinclination to change. We have one state in the Union which refuses to allow divorce for any reason. Modern legal opinions in that state seek to justify it on social grounds. The truth is that the old, deep-rooted, religious sanction is at the basis of this view. It is like. the view of the Catholic Church and from this view we may go through the various states of the Union until we reach, at the other end, states in which the utmost freedom of divorce is granted, though none in which it has been legally recognized .that 8 couple may be divorced simply by their agreement, and in which marriage is recognized purely as a contract which may be dissolved as it