Thursday, August 20, 2009

Pursue Justice


Justice, justice you shall follow, so that you may live, and inherit the land which the LORD your G-d gives you. (From this week's Torah portion, Shoftim, Deuteronomy 16:20)

The preservation of our lives and existence in this land do not depend upon "the rule of law." They depend upon the rule of justice.

"And what about the rule of law?" the Ha'aretz reporter asked me.

'"The rule of law" is an abhorrent concept,' I answered. 'I strive for the rule of justice.'

The law is the escape hatch of the greatest scoundrels.
A small time criminal commits his crime against the law.
A medium criminal circumvents the law.
A big time criminal commits his crime by means of the law.

When Vice Premier and Minister for Strategic Matters Moshe Ya'alon spoke this week of returning to Homesh, he was actually demanding justice. But Netanyahu's answer was: "We will work to enforce the law."

The law is nothing more than a tool in the service of justice. When the tool becomes the goal, it turns into fascism, a dangerous version of idolatry. In no time, it is adopted by base forces and destruction will necessarily follow.

After last year's Likud primaries, Netanyahu enlisted Attorney Yaakov Ne'eman to "legally" (by means of the Supreme Court, of course) reframe the results of the primaries and to demote me to an unrealistic slot on the Likud roster. It is no coincidence that Netanyahu chose a religious figure beloved by Religious Zionism to fight Feiglin. Ne'eman gave the Supreme Court justices the small fig leaf that they needed so that they would not feel totally exposed in the face of what everybody in Israel – including the political commentators – fully understood.

Now Netanyahu and Ne'eman, in his new role as Minister of Justice, are using the same tactics – not within the Likud – but on the national front. Ne'eman is currently pushing hard for the election of an extreme leftist who was particularly cruel to opponents of the Expulsion – Sefi Alon – as the new Supreme Court justice. This despite the fact that for the first time ever, the Right holds the majority on the Committee for Selection of Judges. Netanyahu assumes that the faith-based public will ignore this spit in the face because Alon is from a famous Religious Zionist family. But his election as justice on the Supreme Court will effectively maintain and even strengthen the leftist hegemony in the justice system.

The beautiful harmony between Ne'eman and Chief Justice Beinish has made the pursuit of justice in Israel a joke. The minister that is supposed to represent the will and values of the PM's electorate and to reign in the "rule of law gang" that elects itself chose the easy way out. He betrayed the majority in whose name he received his position and subjugated himself to the very same gang. At this point, Israel is painfully far from the pursuit of justice.

Shabbat Shalom,

Moshe Feiglin
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