The case of Amona: respect for Israel’s High Court?

Respect for Israel’s High Court?

This news report shows a lack of respect by Israel’s High Court. I want to share a new analysis about this.

At first glance, it is unclear why this “normally slow-moving court” suddenly decided to enact this “fast-paced drama.” All the more so because it said itself that it “could have rejected the request and determined that the date for implementing the decision remain [sic] as decided.”

That latter position is untrue, of course. If the government finds a way to avoid violence, gets to a compromise signed by all parties, the High Court cannot throw away that success. That way it would disgrace itself for all.

But why did it interfere the way it did? My suggestion: to show who’s the boss. Not the government — it bashed it in unusually harsh language — and not the residents of Amona who got in to an agreement with the State; only the High Court is the boss.

I’m not the only one who noticed. Complaints cited in the article:

It “demanded an unequivocal commitment” to it and not to the government.
It “had singled out Amona residents for poor treatment [while] other groups are not asked to come back and change technical matters.”
It “continues to torture Amona families.”
It “uses its rulings to cause rifts in Israeli society.”
This is a “dictatorship of the High Court.”
“[T]he ego of the High Court harms all of us.”

So the High Court bullied them until it was sheepishly obeyed.

However, let’s place ourselves for a moment in the shoes of these justices. They are not just there to solve legal problems. They also must demand respect for their authority. And this was their chance to do so.

In this case, it was treated slightly disrespectfully as an authority merely to rubberstamp this agreement. It refused. It is not just here to agree with others. It has the last say and it wanted to show it. And it did and … won.

However, the above word bully might be misplaced here. A bully is someone who takes what’s not his or hers. But here, the High Court only insisted on its right to rule, its proper power.

And you know what? While having not too much respect for what goes on in that Court, I like some of what it did here. Why?

In democratic societies the world over, respect for authority is waning. Some of that is no doubt the result of how those authorities behave, like parliaments and governments ignoring the needs of the population.

However, as the prophet implies (Jeremiah 29:7), if we would not have authorities, people would eat each other alive. We cannot throw out authority, no matter how imperfectly it behaves. We must improve authorities, but not disgrace them.

About the Author

MM is a prolific and creative writer and thinker, previously a daily blog contributor to the TOI. He often makes his readers laugh, mad, or assume he's nuts—close to perfect blogging. He's proud that his analytical short comments are removed both from left-wing and right-wing news sites. None of his content is generated by the new bore on the block, AI. * As a frontier thinker, he sees things many don't yet. He's half a prophet. Half. Let's not exaggerate. Or not at all because he doesn't claim G^d talks to him. He gives him good ideas—that's all. MM doesn't believe that people observe and think in a vacuum. He, therefore, wanted a broad bio that readers interested can track a bit what (lack of) backgrounds, experiences, and educations contribute to his visions. * This year, he will prioritize getting his unpublished books published rather than just blog posts. Next year, he hopes to focus on activism against human extinction. To find less-recent posts on a subject XXX among his over 2000 archived ones, go to the right-top corner of a Times of Israel page, click on the search icon and search "zuiden, XXX". One can find a second, wilder blog, to which one may subscribe too, here: https://mmvanzuiden.wordpress.com/ or by clicking on the globe icon next to his picture on top. * Like most of his readers, he believes in being friendly, respectful, and loyal. However, if you think those are his absolute top priorities, you might end up disappointed. His first loyalty is to the truth. He will try to stay within the limits of democratic and Jewish law, but he won't lie to support opinions or people when don't deserve that. (Yet, we all make honest mistakes, which is just fine and does not justify losing support.) He admits that he sometimes exaggerates to make a point, which could have him come across as nasty, while in actuality, he's quite a lovely person to interact with. He holds - how Dutch - that a strong opinion doesn't imply intolerance of other views. * Sometimes he's misunderstood because his wide and diverse field of vision seldomly fits any specialist's box. But that's exactly what some love about him. He has written a lot about Psychology (including Sexuality and Abuse), Medicine (including physical immortality), Science (including basic statistics), Politics (Israel, the US, and the Netherlands, Activism - more than leftwing or rightwing, he hopes to highlight reality), Oppression and Liberation (intersectionally, for young people, the elderly, non-Whites, women, workers, Jews, LGBTQIA+, foreigners and anyone else who's dehumanized or exploited), Integrity, Philosophy, Jews (Judaism, Zionism, Holocaust and Jewish Liberation), the Climate Crisis, Ecology and Veganism, Affairs from the news, or the Torah Portion of the Week, or new insights that suddenly befell him. * Chronologically, his most influential teachers are his parents, Nico (natan) van Zuiden and Betty (beisye) Nieweg, Wim Kan, Mozart, Harvey Jackins, Marshal Rosenberg, Reb Shlomo Carlebach, and, lehavdil bein chayim lechayim, Rabbi Dr. Natan Lopes Cardozo, Rav Zev Leff, and Rav Meir Lubin. This short list doesn't mean to disrespect others who taught him a lot or a little. One of his rabbis calls him Mr. Innovation [Ish haChidushim]. Yet, his originalities seem to root deeply in traditional Judaism, though they may grow in unexpected directions. In fact, he claims he's modernizing nothing. Rather, mainly basing himself on the basic Hebrew Torah text, he tries to rediscover classical Jewish thought almost lost in thousands of years of stifling Gentile domination and Jewish assimilation. (He pleads for a close reading of the Torah instead of going by rough assumptions of what it would probably mean and before fleeing to Commentaries.) This, in all aspects of life, but prominently in the areas of Free Will, Activism, Homosexuality for men, and Redemption. * He hopes that his words will inspire and inform, and disturb the comfortable and comfort the disturbed. He aims to bring a fresh perspective rather than harp on the obvious and familiar. When he can, he loves to write encyclopedic overviews. He doesn't expect his readers to agree. Rather, original minds should be disputed. In short, his main political positions are among others: anti-Trumpism, for Zionism, Intersectionality, non-violence, anti those who abuse democratic liberties, anti the fake ME peace process, for original-Orthodoxy, pro-Science, pro-Free Will, anti-blaming-the-victim, and for down-to-earth, classical optimism, and happiness. Read his blog on how he attempts to bridge any tensions between those ideas or fields. * He is a fetal survivor of the pharmaceutical industry (https://diethylstilbestrol.co.uk/studies/des-and-psychological-health/), born in 1953 to his parents who were Dutch-Jewish Holocaust survivors who met in the largest concentration camp in the Netherlands, Westerbork. He grew up a humble listener. It took him decades to become a speaker too, and decades more to admit to being a genius. But his humility was his to keep. And so was his honesty. Bullies and con artists almost instantaneously envy and hate him. He hopes to bring new things and not just preach to the choir. * He holds a BA in medicine (University of Amsterdam) – is half a doctor. He practices Re-evaluation Co-counseling since 1977, is not an official teacher anymore, and became a friendly, powerful therapist. He became a social activist, became religious, made Aliyah, and raised three wonderful kids. Previously, for decades, he was known to the Jerusalem Post readers as a frequent letter writer. For a couple of years, he was active in hasbara to the Dutch-speaking public. He wrote an unpublished tome about Jewish Free Will. He's a strict vegan since 2008. He's an Orthodox Jew but not a rabbi. * His writing has been made possible by an allowance for second-generation Holocaust survivors from the Netherlands. It has been his dream since he was 38 to try to make a difference by teaching through writing. He had three times 9-out-of-10 for Dutch at his high school finals but is spending his days communicating in English and Hebrew - how ironic. G-d must have a fine sense of humor. In case you wonder - yes, he is a bit dyslectic. If you're a native English speaker and wonder why you should read from people whose English is only their second language, consider the advantage of having an original peek outside of your cultural bubble. * To send any personal reaction to him, scroll to the top of the blog post and click Contact Me. * His newest books you may find here: https://www.amazon.com/s?i=stripbooks&rh=p_27%3AMoshe-Mordechai%2FMaurits+van+Zuiden&s=relevancerank&text=Moshe-Mordechai%2FMaurits+van+Zuiden&ref=dp_byline_sr_book_1