The American Declaration of Independence served as a starting point for the drafting of the Israeli Declaration of Independence of 1948. Most of the original content was lost in the long process of translation and adaptation, but, using David Armitage’s recent terminology, the Israeli text remained as "generically promiscuous" as its predecessor, combining a "manifesto" of justifications for the assumption of sovereignty, a formal proclamation and a proto-Bill of Rights. This Article depicts the work of Mordechai Beham, the Israeli Declaration’s (...) first draftsman, as a remarkable exercise in choosing contemporary, locally-valid "answers" to the fundamental "questions" posed by Thomas Jefferson and his contemporaries in 18th century America on human values, national identity, statehood, and God. The analysis is partially based in the current debate on "legal transplantation," arguing that the outstanding success of the Israeli Declaration stems from both the quality of the American original and the massive work of adaptation to Israeli soil. (shrink)

The effort to rid criminal responsibility of factors beyond the agent’s control created an opportunity for a new balance in the law of attempt between aggravated penalties and full exoneration for voluntary renunciation. The present analysis claims that the opportunity has been missed both in Israel and in the United States because of an unwarranted concern for the moral tenor of renunciation. Analysis of the difference between successes and failures in renunciation cases is offered in support of the proposition that (...) the proper balance between ex post and ex ante considerations is only applied where courts empathize with the victims of specific crimes. In other cases, immediate victims are readily used as means to prevent uncertain future crime. The claim is also made that concern with the moral tenor of renunciation creates an anomaly in modern criminal law. While the decision to initiate a crime act is judged on ever narrower pictures of character and motive, the decision to abandon it before actual harm is inflicted increasingly attracts interest in the inner processes behind it. I claim that the anomaly manifests the danger of blurring the line between reality and fantasy when the struggle against luck is not properly checked. (shrink)