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Law for Prevention of Damage to State of Israel through Boycott

From Wikipedia, the free encyclopedia

Law for Prevention of Damage to State of Israel through Boycott (Hebrew: חוק למניעת פגיעה במדינת ישראל באמצעות חרם, התשע"א-2011), also commonly known as the (Anti-) Boycott Law, is an Israeli anti-BDS law enacted in July 2011 and partially stricken down by the Supreme Court in 2015.[1]

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  • Race, Class, and Gender in To Kill a Mockingbird: Crash Course Literature 211
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Transcription

Hi, I’m John Green, this is Crash Course Literature, and today we’re going to talk about To Kill a Mockingbird. So Mockingbird is the rare class of American literature that is both one, relatively easy to read and two, pretty fun to read. I mean, it’s got a cool and somewhat creepy plot that draws you in. There is a young girl, Scout; her brother, Jem; and their weird neighbor, Dill, who become obsessed with their even weirder neighbor, “Boo” Radley. The kids spend a lot of time reenacting Boo’s backstory — the highlight of which involves him allegedly stabbing his father in the leg with scissors — and the children become schooled in gender, race, and class relations in Depression-Era Alabama. MFTP: Mr. Green, Mr. Green, I’m from Alabama! I know, Me From the Past, because I am also you. Anyway, the kids, and also, of course, we as readers, are schooled in all things ethical by the Gregory Peckian Atticus Finch: public defender, sharpshooter, and one of the most beloved father figures in American fiction. [INTRO] So, To Kill a Mockingbird was an absolute literary sensation when it was published in 1960. The Chicago Sunday Tribune called it “a novel of strong contemporary national significance.” Time Magazine said that it "teaches the reader an astonishing number of useful truths about little girls and about Southern life." Now some disparaged Lee’s treatment of poor Southern whites and African Americans as one-dimensional, but Mockingbird so far, at least, has a kind of timeless appeal to it. And to be fair to those critics, there is something simple about Mockingbird and the way that it imagines justice, but it’s also very compelling. And there are times when it feels dated, but again, it was written in 1960. Anyway, it won the 1961 Pulitzer Prize for fiction, it’s been printed over 30 million times, translated into over 40 languages. That’s a lot of dead mockingbirds. So who would write a story with such a depressing title? Well, Harper Lee. So Harper Lee was born in 1926 in the bustling metropolis of Monroeville, Alabama. MFTP: Alabama! Roll Tide! Ooooh, yes, Me From the Past, we are aware. So critics often point out that there are many parallels between Lee’s childhood and that of her main character, Jean Louise “Scout” Finch. Lee’s father was an attorney who unsuccessfully defended two African American men accused of murder. Lee’s brother, Edwin, was four years her senior. The family employed an African-American housekeeper who was central in Lee’s upbringing. Lee’s mother, was not dead, but she was quite distant. And Lee’s childhood playmate, Truman Persons, was a weird kid who spent extended periods visiting relatives next door. Now in literature, this boy Truman provided the model for Dill Harris. In real life, this Truman reinvented himself as Truman Capote — icon of American letters, author of Breakfast at Tiffany’s and In Cold Blood. That’s right - he spent his summers in Monroeville. In fact, there’s a longstanding literary conspiracy theory that since Harper Lee never wrote another book, maybe Truman Capote is the real author of To Kill a Mockingbird. Which, if you read Mockingbird alongside anything Truman Capote ever wrote, you will immediately realize that it’s just ridiculous. Harper Lee wrote To Kill a Mockingbird. Harper Lee has not written another novel. She didn’t enjoy the spotlight and has declined most requests for interviews and speeches. But she did write a brief, and piercing foreword to a later edition of Mockingbird: “The only good thing about Introductions is that in some cases they delay the dose to come. Mockingbird still says what it has to say; it has managed to survive the years without preamble.” Her publishers were like, “We need a new foreword so we can sell more copies of the book.” And she was like, “All right, but my introduction is gonna be about how useless introductions are.” All right, before we discuss how Mockingbird manages to “[say] what it has to say,” let’s look at the plot in the Thought Bubble: So, Scout, Jem, and Dill spend two summers sipping lemonade and cultivating fantasies about their mysterious homebound neighbor, “Boo” Radley and daring one another to touch his door. The children act out events from Boo’s life. And although Boo remains hidden, his chewing gum does not. This gum, along with other gifts, appears in a tree outside the Radley house. Meanwhile, Scout learns that her father, Atticus, has been appointed to defend Tom Robinson, a black man with a deformed left arm, wrongly accused of raping Mayella Ewell, a friendless white nineteen-year old who lives behind a garbage dump. Mayella lives with a gaggle of filthy and uneducated siblings and an often-drunk father, who beats and possibly molests her. Despite Tom’s obvious innocence, I mean, Mayella was hit on the right side of her face by a man without a left arm, the white population of Maycomb resents Atticus for being his court appointed public defender. With the help of Jem and Scout, Atticus dissuades a mob from lynching Tom. Atticus is less successful, however, at swaying the jury. Tom is declared guilty; He escapes from prison and then is shot and killed. Bob Ewell, the father of Mayella, is miffed at being ridiculed by Atticus in court. After spitting at Atticus, Ewell attacks his children. Boo Radley comes to the rescues and makes good on his history of stabbing people, and the children are saved. Thanks, Thought Bubble. So there we see, like, two of the biggest problems with To Kill a Mockingbird. First, that the Ewell family is kind of like one-dimensionally villainous. And secondly, that the great hero of the story is this, like, rich white dude. But having acknowledged that, I don’t wanna miss all the stuff that’s still really resonant and important to contemporary readers. So throughout the book, Scout is encouraged to look at things from other peoples’ perspectives. Which of course was, like, the great fundamental failure of the Jim Crow South. Like at the end of the novel, Scout no longer sees Boo as this, like, terrifying other, she’s able to imagine how events appear from his perspective. And in doing so, she’s following Atticus’s famous advice: “You never really understand a person until you consider things from his point of view--until you climb into his skin and walk around in it.“ I just want to clarifying that we’re not talking about, like, Silence of the Lambs-style walking around in someone else’s skin, I’m talking about empathy. That said, it occurs to me that bringing up Silence of the Lambs allows us to talk about the macabre and Mockingbird as, like, a Southern Gothic novel. So you all remember the Gothic novel from Frankenstein, with its blend of horror and its interest in the sublime. So Gothic literature relies on archetypes, like grotesque monsters, innocent victims, heroic knights, etc.—to create dramatic tension and it uses dark settings, like medieval castles, to heighten the emotional impact of a story. Now in the Southern Gothic movement that emerged in the American South, “real,” although still fictional, people replace those Gothic archetypes. Like at the start of Mockingbird, Boo is a reclusive monster; Jem, Scout and Dill are his potential victims; and Atticus is an heroic knight. Now later, ignorance, racism, and violence prove to be the novel’s real “monsters.” And Tom and Mayella are their victims. Atticus, of course, gets to remain the hero. And in Southern Gothic fiction, decaying buildings or bodies replace the medieval castle as the dark settings that heighten a story’s emotional impact. I mean, we’re told that Maycomb is a town in which, “In rainy weather the streets turned to red slop; grass grew on the sidewalks, the courthouse sagged in the square.” And many of Maycomb’s inhabitants also have bodies that are broken, infected, or off-balance, right? Like Atticus is too old to play tackle football and, to his daughter’s inexplicable horror, he wears glasses. He’s a monster! Now he’s a regular person. Now I’m a monster again. Mrs. Dubose, the cantankerous morphine addict, has a particularly heinous mouth. Tom’s left arm has been torn apart in a cotton gin. Jem’s left arm is eventually deformed by Ewell. And ultimately, these broken, off-balance, horrifying attributes of Maycomb and its inhabitants expose the corruption and decay of Southern culture itself. So Mockingbird is one of the great Southern Gothic novels, but it’s also one of the great American bildungsromans. Like Jane Eyre, it’s a novel about a young person’s education and coming of age. So at the beginning, I’m like - Ooohhhh, it must be time for the open letter. Oh hey there, Darth Vader. An open letter to the German language: Dear German, you’ve given us so much. “Vader” for instance, the German word for “father.” “Schadenfreude”, the pleasure we experience when others suffer. “Kummerspeck”, which literally translates to “grief bacon,” the way we eat when we’re sad. And, of course, terms like “sitzpinkler,” a man who sits to pee. But perhaps your greatest gift is “bildungsroman,” because not only did you give us the word, you also kind of gave us the idea. So this sitzpinkler would like to thank you for that and all of your many linguistic gifts. Best wishes, John Green. So at the beginning of Mockingbird, a six-year-old Scout can already read the newspaper, in spite of a lack of formal education, and when Scout demonstrates that she can read at school, Miss Caroline — a teacher with a loose grasp of John Dewey’s philosophy — commands: “Now tell your father not to teach you any more. It’s best to begin reading with a fresh mind. You tell him I’ll take over from here and try to undo the damage—“ But of course both academically and morally, Scout doesn’t get her education in school, she gets it precisely from her father. Scout’s also called a tomboy, and most women in her community critique how she speaks and dresses and plays. Yet who can blame her for wanting to be a tomboy? Jem often tells her that girls are hateful and embarrassing and frivolous and worse, when Dill begins “following Jem about,” he starts to treat Scout as an object: “He had asked me earlier in the summer to marry him, then he promptly forgot about it. He staked me out, marked as his property, said I was the only girl he would ever love, then he neglected me.” Scout consistently resists the notion that women are a form of property. In fact, throughout the novel, Lee uses Scout’s reflections to expose the performative aspects of gender — or the ways in which gender, like, results from what feminist critic Judith Butler describes as the “repeated stylization of the body, a set of repeated acts within a highly rigid regulatory frame that congeal over time to produce the appearance of substance, of a natural sort of being.” That’s a bit complicated, but basically, Scout stands in opposition to the idea that you have to do or be a, b, or c in order to, like, be a real woman. But of course, there are limits to how much Scout can act like a boy. Like when Jem and Dill spend afternoons “going in naked” swimming in a creek, Scout is left to divide the “lonely hours” between Calpurnia, the housekeeper, and Miss Maudie. And these two women prove to be Scout’s strongest female allies. Calpurnia supports Scout’s independence by teaching her to write in the kitchen. And Miss Maudie bolsters Scout’s confidence. Like when a neighbor ridicules Scout for wearing pants, Scout recalls, “Miss Maudie’s hand closed tightly on mine, and I said nothing. Its warmth was enough.” Vitally, neither of these women is able to serve on a jury in the town of Maycomb — Maudie, “because she’s a woman,” and Calpurnia, because she is both a woman and black. This not-so-subtle social commentary provides the backbone for Harper Lee’s argument about the dangers of limiting women’s political rights, like had those women sat on that jury, Lee implies, the trial might have gone very differently. But of course, the jury ends up taking the side of Mayella Ewell. And although it’s difficult to forgive her for wrongly accusing Tom, it’s clear that she is also a victim of this perverse form of patriarchy. Rather than being permitted to, like, attend school and have a normal life, Mayella has been forced to care for seven siblings and keep house for a violent, drunk father. She’s isolated and friendless, and she tries to kiss Tom and when her father catches her, he beats her, and possibly rapes her. And only then does she allow herself to try to escape that violence by blaming someone else. Mayella’s world is circumscribed and terrifying, which is strongly contrasted with Scout’s pre-adolescent freedom and wonder. So in the end, I would argue that what some critics read as a one-dimensional treatment of the Ewell family, turns out to be a pretty sophisticated commentary on gender relations in the time and place of the novel. This reminds us again that when we read, we as readers are empowered to make choices. A novel really is a collaboration between the author and the reader. And Harper Lee’s great novel may be straightforward in its prose and in its plot, but when it comes to opportunities for that collaboration, it is extremely rich. Thanks for watching. I’ll see you next week. Crash Course is made by all of these nice people, and it exists because of your support at Subbable.com, a voluntary subscription service that allows us to keep Crash Course free for everyone forever. Through your subscription, you can also get great perks. Thank you for making Crash Course possible; thanks for watching, and as we say in my hometown, “Don’t forget to be awesome.”

Legislative history

On 5 July 2010 a private bill was introduced into the Israeli parliament, the Knesset, sponsored by Knesset members Ze'ev Elkin and Dalia Itzik and a group of members from Likud, Shas, Yisrael Beiteinu, United Torah Judaism and the National Union. The bill distinguished between three types of boycotts: a boycott imposed by a resident or citizen of Israel, a boycott imposed by a foreign resident or citizen, and a boycott imposed by a foreign political entity through a law enacted by the foreign political entity. The proposal stated that such a boycott is a civil wrong and a criminal offense punishable by a fine. After debate in a Knesset committee, the bill was changed to remove any criminality, i.e. it only provides for civil penalties, and to allow it to apply to anyone regardless of the nationality of the person who publicizes the boycott. The revised bill was published on 2 March 2011. It was approved by the Knesset on 12 July 2011 with the vote 47-38, with opposition factions voting against the bill.[2] Netanyahu and another 10 ministers, including Defence Minister Ehud Barak, were absent during the voting.[3]

Opponents of the law argued that it violated the principle of freedom of expression. The supporters of the bill, led by Netanyahu, contended that the law doesn't and only prevents harmful actions being taken against the State of Israel or its citizens.[citation needed]

The law

The law states that individuals or organizations who publicize a call for an economic, cultural or academic boycott against a person or entity merely because of its affiliation to the State of Israel and/or to an Israeli institute and/or to a specific region under Israeli control, may be sued civilly, in tort, by a party claiming that it might be damaged by such a boycott.[3][4][5][6] The law also allows Israeli authorities to deny benefits from individuals or organizations – such as tax exemptions or participation in government contracts – if they have publicized a call to boycott and/or if they have obligated to participate in a boycott. All sections took effect on 13 July 2011, except for section 4 (withdrawing state benefits) which took effect on 11 October 2011.[3] The law was temporarily frozen by the Supreme Court between 2012 and 2015.[1]

In the 2015 landmark decision Avneri v. The Knesset, the Supreme Court of Israel unanimously struck down section 2c of the law (which permitted the imposition of compensation payments even if no damages were proven), ruling that it was unconstitutional. The law's other provisions were upheld by the Court in majority decisions ranging from 9–0 to 5–4.[1][7][8][9]

Reaction to the law

The law has been condemned as a violation of freedom of expression, "deeply undemocratic", widely criticised in the Israeli media, and "three dozen" eminent law professors have described it as unconstitutional.[10][11]

After the law was enacted, a number of Israeli civil rights groups declared that they would legally challenge the law by petitioning the Supreme Court of Israel. The Association for Civil Rights in Israel claimed that the law is "unconstitutional and anti-democratic" and sets a bad precedent. Gush Shalom, Adalah, Physicians for Human Rights, the Public Committee Against Torture in Israel and the Coalition of Women for Peace – said that they would join legal challenges. On 12 July 2011, Gush Shalom was the first to lodge a petition against the law.[10]

NGO Monitor has said that the law is not "the appropriate means to combat the BDS movement."[12]

The Supreme Court of Israel upheld the law, but struck down provisions allowing compensation without proof of damages.[13]

Application

The first lawsuit filed under the law was in 2018 by Shurat HaDin, an Israeli civil rights group, claiming $13,000 in "emotional damages" on behalf of three Israeli teenagers who had bought tickets for a show that was cancelled after a call to boycott. It was the first time to have been successfully applied, due to the difficulty of proving a direct link between a call to boycott and any actual damage caused by it.[14][15]

In October 2018, the Jerusalem Magistrate's Court ruled in favor of the plaintiffs and ordered that the two New Zealand activists pay NIS 45,000 ($12,300) in damages to the plaintiffs' "artistic welfare", and court fees. The activists claimed the case "has no legitimacy" and refused to pay.[16][17][18][19]

In 2021, the law was relied upon in a decision by the Israeli Supreme Court which upheld a 2018 prohibition enacted by the Knesset Ethics Committee on Knesset Member Yousef Jabareen; Jabareen was barred from traveling to the U.S. for a lecture tour on account of his intended tour being sponsored by Jewish Voice for Peace, a pro-BDS organization.[20][21]

See also

References

  1. ^ a b c "High Court upholds part of Anti-Boycott Law, strikes part and splits on '1967 Israel'". The Jerusalem Post | JPost.com. Retrieved 10 September 2018.
  2. ^ Azulay, Moran (11 July 2011). "Knesset votes in favor of 'boycott bill'". Ynetnews. Retrieved 23 August 2012.
  3. ^ a b c "2304" (PDF), Reshumot Sefer Huqim, pp. 972, 973, 13 July 2011, archived from the original (PDF) on 15 March 2012, retrieved 18 July 2011
  4. ^ unofficial translation by The Association of Civil Rights in Israel
  5. ^ The Anti-Boycott Law: Questions and Answers updated 17 July 2011
  6. ^ Israel's New Boycott Law Archived 9 July 2012 at archive.today published in http://inewp.com Archived 13 July 2012 at archive.today
  7. ^ "Avneri v. The Knesset — The Supreme Court sitting as the High Court of Justice [15 April 2015 — HCJ 5239/11, HCJ 5392/11, HCJ 5549/11, HCJ 2072/12]" (PDF).
  8. ^ Hovel, Revital (16 April 2015). "High Court Largely Upholds Controversial 'Anti-Boycott Law'". Haaretz. Retrieved 10 September 2018.
  9. ^ "High Court rejects appeal against anti-boycott law". Retrieved 11 September 2018.
  10. ^ a b Israeli boycott ban to be challenged by rights groups BBC. published on 14 July 2011
  11. ^ Sherwood, Harriet (15 July 2011). "Israelis divided over new law that backs businesses hit by trade boycotts". The Guardian. Retrieved 4 August 2011.
  12. ^ Background and Analysis Regarding Knesset "Anti-Boycott Law"
  13. ^ Israeli Supreme Court Decision 5239/11
  14. ^ Holmes, Oliver (1 February 2018). "Lorde: Israeli fans sue activists over tour cancellation". the Guardian. Retrieved 12 September 2018.
  15. ^ "Canceled Lorde Concert Prompts First Use of Israel's Anti-Boycott Law". Retrieved 12 September 2018.
  16. ^ Shapiro, Amy (11 October 2018). "NEW ZEALAND BDS ACTIVISTS ORDERED TO PAY DAMAGES OVER LORDE ISRAEL BOYCOTT". The Jerusalem Post. Retrieved 11 October 2018.
  17. ^ "Israeli courts fines two Kiwi activists $23,000 over Lorde boycott letter". 1 News. Associated Press. 12 October 2018. Retrieved 11 October 2018.
  18. ^ "Israeli court says New Zealand activists must pay for Lorde cancellation". The Times of Israel. Associated Press. 11 October 2018. Retrieved 11 October 2018.
  19. ^ "Israel fines New Zealand women $18,000 for urging Lorde concert boycott". 12 October 2018.
  20. ^ "Israeli Supreme Court OKs ban on Knesset member's trip to U.S. funded by Jewish Voice for Peace - Adalah". www.adalah.org. Retrieved 30 January 2024.
  21. ^ Konrad, Edo (14 March 2018). "Knesset bars Arab MK from JVP-sponsored trip to U.S." +972 Magazine. Retrieved 30 January 2024.

External links

This page was last edited on 9 March 2024, at 23:03
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