Skip to Content

Colonial Cases

Palestine

Palestine

The following case reports were selected, edited and transcribed by Peter Bullock.

On the legal basis of the mandate in Palestine, see the  Artas Springs Case, 1925-1926. See generally, Assaf Likhovski, Law and Identity in Mandate Palestine (University of North Carolina Press, 2006). On the history of currency in Palestine, which is so closely related to legal history, see Robert David Ottensoose, The Palestine Pound and the Israel Pound (Les Presses de Savoie, Ambilly Annemasse 1955),

Peter Bullock also selected and transcribed the following as a suitable introduction to the law of Palestine: 

" "Let us make a man" says God in the first chapter of Genesis "in our image, in the manner of our likeness." These are puzzling words.  How can man be like God?  God is plurality, man is made single.  God does not have an image, but man must have one.  Man is thus created in the beginning as a hybrid, being like God, yet also being different, partaking in God's attributes yet in an imperfect way, existing in an intermediate world, between God and the animal kingdom.  As such he must sin, and be banished to wander in the world, ever seeking lost perfection.

   "Let us make a law" decided the British, "in the manner of our likeness."  A law that will partake in our attributes, but in an imperfect way.  A hybrid between the animal and Godly world, between "Civilization" and "the Barbarians." Thus the law of Palestine was created, an intermediate being, between ottoman and English Law, between East and West, partaking in both yet belonging to none.  Condemned to wander in the world seeking a state of lost perfection.

   "Let us make a law" demanded Israelis, "in our image in the manner of our likeness."  A new law that will reflect our attributes, a nation both ancient and young, traditional and modern, Jewish and secular.  Almost fifty years have passed since the creation of the State of Israel and yet little change has occurred.  The law of Palestine is still in many respects the law of Israel.  There were, of course, practical obstacles on the way to forming an "Israeli" law, yet the real cause id found elsewhere.  The law of Palestine has stayed with us, because it is a true reflection of the Israeli condition, a hybrid culture similar yet different, belonging to all and yet to none, forever condemned to wander in the world between east and West seeking a state of lost perfection.

   In this sense, the British have succeeded, for they have indeed created a law in our own image."

In Our Image: Colonial Discourse and the Anglicization of the Law of mandatory Palestine, Assaf Likhovski.  Tel Aviv University Law Faculty Papers, No. 81, 2008.

Most recent edits, February 2014.

Anglo-Palestine Bank v. Syndicate of Barsky's Bankruptcy, 1932 [bankruptcy]

Anonymous, 1932 [polygamy]

Antonius v. Shehadeh, 1932 [defamation]

Arabs of Indiat Village v, Government of Palestine, 1932

Armed, 1938 [possession of weapons]

Artas Springs Case, 1925-1926 [mandate status]

Attorney General v. Altschuler, 1928 [sabbath laws]

Attorney General v. Cohen, 1932 [gambling - banking]

Attorney General v. Cork and Bavillot, 1932 [police powers]

Attorney General v. Editors of the Palestine Bulletin and the Davar, 1930 [contempt of court, newspapers]

Attorney General v. Hamdan and others, 1932 [murder - sedition]

Attorney General v. Hinkis, 1930 [murder]

Attorney General v. Jadallah, 1931 [bribery]

Attorney General v. Kassim, 1931 [sedition]

Attorney General v. Lubling, 1931 [bigamy]

Attorney General v. Minzinjok, 1931 [blasphemy]

Attorney General v. Nasser, 1932 [perjury]

Attorney General v. Orphali, 1929-1930 [murder - appeals]

Attorney General v. Subhi Bey el Khadra, 1930 [sedition]

Barzilai v. Schwartz, 1932 [worker's compensation]

Bey v. Attorney General, 1930 [land law - government lawyer, right of private practice]

Bey v. Government of Palestine, 1932 [land law]

Blum, 1928 [deportation]

Boustani v. Elmadi, 1933 [breach of contract, lawyers]

Bustani, 1927 [damage to trees]

Cohen v. Attorney General, 1932 [lost mail]

Copyright case, 1929 [copyright]

Cornue v. Sheikh, 1932 [land law]

Daniels v. Richardson, 1932 [lawyer's fees]

Dienfeld v. Dienfeld, 1933 [family law - ecclesiastical courts]

El Haj v. Mustain, 1931 [appeals]

El Mufleh v. Khazneh Ibrahim, 1932 [Sharia courts]

Grands Moulins v. Haifa Municipality, 1932 [taxation]

Hanioum v. Carmelite Convent, 1932 [land law]

Ibrahim Rouhi, 1925 [railway accident]

Kanoush, 1930 [murder, self-defence]

Khayat v, Beiruti, 1930 [religious courts]

Kolomitzeva, 1928 [medical practitioners]

Lehrer v. Postmaster General, 1929 [Hebrew]

Levy v. Levy, 1932 [succession]

Moslem Supreme Council, 1926 [elections]

Moslem Supreme Council, 1931-1933 [trusts - elections]

Muller v. Zaghlul, 1933 [enforcement of foreign judgment]

Muradian v. Tuma, 1931 [enforcement of foreign judgments]

Musical Copyright, 1930 [copyright]

Nashashibi  v. Nashashibi, 1932 [assault]

Newspaper commentary and minor cases, Palestine 1924

Newspaper commentary and minor cases, Palestine 1925

Newspaper commentary and minor cases, Palestine 1926

Newspaper commentary and minor cases, Palestine 1927

Newspaper commentary and minor cases, Palestine 1928

Newspaper commentary and minor cases, Palestine 1929

Newspaper commentary and minor cases, Palestine 1930

Newspaper commentary and minor cases, Palestine 1931

Newspaper commentary and minor cases, Palestine 1932

Newspaper commentary and minor cases, 1940s

Oufi and others v. Kayeneth and Tayan, 1932 [land law]

Palestine Government v. Khoury, 1932 [land law]

Palestine Stamps Case, 1925 [language in Palestine]

Palestine Telegraph Agency Ltd v. Jaber, 1931 [copyright]

Palestinian Government v. Municipality of Tiberias, 1929 [land law]

Palevitch, 1929 [naturalisation]

Quaker Oats Company v. Epstein Bros, 1932 [mortgage]

Re Elliott, 1932 [insulting language]

Re Ginsberg, 1929-1930 [admission of legal practitioners, women]

Re Strumza, 1928-1929 [judge, dismissal of]

Re T., 1932 [polygamy]

Religious Land Cases, 1929 [land law - religion]

Ruppin v. Ben-Avi, 1926 [appeals]

Second Arab Orthodox Congress v. Keladion, 1932 [religion]

Sharf v. Returning Officer, 1932 [elections]

Shehab El Din v. Khaduri Darwish, 1933 [declaration]

Sherabi, 1926 [magistrate, dismissal]

Soffer v. Levy, 1932 [immigration]

Spinney's v. Linenberg, 1929 [trade mark]

Sursock v. Jaffa Municipality, 1932 [road building]

Tannous v. Order of the Rosary, 1931 [land law]

Tel Aviv Election, 1932 [elections]

Tel-Aviv Municipality v. Council of the Landlord and Landowners Association, 1926 [taxation]

Templeton v. Palestine Government, 1928 [land law]

Township of Tel Aviv v. Moyal, 1931 [taxation]

United Aged Home, 1927 [trusts]

Wailing Wall cases, 1926-1928 [assault]

Water Ordinance, 1925 [water]

Published by Centre for Comparative Law, History and Governance at Macquarie Law School