Books and Publications Received
| Date | 01 July 1969 |
| DOI | http://doi.org/10.1111/j.1468-2230.1969.tb01228.x |
| Published date | 01 July 1969 |
474
THE
MODERN
LAW
REVIEW
VOL.
32
and is carried into the Courts law of Israel, is fully discussed
in
a
case
where the court was asked to invalidate
a
decision of the Jewish religious
tribunal on the ground that it violated the principles of natural justice. The
original jurisdiction of the High Court in the Mandate period was “to
determine such matters as are not causes
or
trials, but petitions and applica-
tions necessary to be decided for the administration of justice.” In the
Israel Courts law it is defined
as
“matters in which the Court deems
it
necessary to grant relief in the interest of justice, and which are not within
the jurisdiction of any other Court.” A section specifically gives power to
order religious courts to deal with the particular question in accordance with
their competence.
A
majority of tlie court held that violation of the
principles of natural justice was an excess of jurisdiction which renders
a
judgment invalid. The dissenting judge, learned in Rabbinical law, held that
by
its
rules the religious tribunal had acted within
its
competence.
In the criminal law section the court, judging an appeal, had to decide
whether perjury committed by
a
police officer in minor details, of little
practical importance, was
I‘
false evidence knowingly given.” The court
exhaustively examined the English cases and also cited an Indian case.
“
The
false statement for which the accused
is
charged must be literally false, and
the giving of false evidence must be an intentional giving.”
One of the judgments on family law examined the Jewish law about the
scope of
a
child’s duty to maintain
a
parent in need. That duty must be
carried out to the utmost capacity
of
the son, including his personal exertions.
The last decision concerns negligence and the duty of care to
a
wrongdoer.
The Israel law of tort, inherited from the Palestine system, is based on
English decisions; but the Israel courts have not taken over the quasi-
contractual element of responsibility towards
a
trespasser, typical of English
law. The plaintiff was the widow of
a
civilian employee in
a
military camp
who was not allowed to obtain food from the camp kitchen without
a
food
voucher. The cooks did not strictly observe the rule, and the deceased was
given food, and died of food-poisoning. The widow was awarded damages
by the District Court; but the Supreme Court held that “the existing Law
and legal doctrine do not permit the extension of the rights of
a
trespasser
or
treating him
as
an invitee.” Only actual, and not constructive
or
imputed,
knowledge of the presence of the trespasser imparts
a
duty of care towards
him.
The selected cases amply manifest the wide variety of matters which come
before Israel’s single Court Appeal, and the care with which the court
exercises
its
comprehensive jurisdiction. NORMAN BENTWICH.
Books
and
Publications
Received
:
SCANDINAVIAN
STUDIES
IX
LAW.
Vol. 12. Edited
by
FOLKE
Scmz~m.
[Stock-
holm: Almquist and Wiksell. 1968. 267
pp.
S4
&.]
There
are
eight
essays in the volume
:
‘I
Settlement Through Negotiation of Disputes on
the Application of Collective Agreements,” “Some Reflections on the
Method
of
Legal Science and on
Legal
Reasoning,” “Nordic
and
Inter-
national Law making,” “The Preliminary Question and the Question of
Substitution in Conflict of Laws,”
“
Has
the Government
a
Duty to Accord
Diplomatic Assistance and Protection to its Nationals?”
“
International
Law in Norwegian Courts,”
“
Swedish Legislation on Liability for Broad-
casting” and
‘&
Legal Aspects of Business Licences in Finland.”
By
GEO~GE
LEE
HASKINS.
[London: Archon Books. 1968. 298.p~. inc. index. 72s: 6d.I This
is
a
reprint of
a
volume published in 1960 dealing with early American legal
history, of value to all legal historians.
LAW
AND
AUTHORITY
IN
EARLY
MASSACHUSETTS.
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