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Introduction 1. In the 1967 war, Israel also captured and occupied the Sinai Peninsula and the Golan Heights. 2. See David Garland, Punishment and Modern Society: A Study in Social Theory (Chicago: University of Chicago Press, 1993). 3. I use the noun Israeli to refer to all those who are citizens of Israel and modify that noun with the adjectives denoting the ethnonational identities that the state uses to distinguish among the citizenry (Jewish, Arab, and Druze). These terms are admittedly problematic because they divide and deWne people in ways that some regard as artiWcial or inaccurate. I use them because they reXect the legal and political distinctions that the state imposes and uses to govern its citizens. 4. See Al-Haq, Punishing a Nation (Ramallah: Al-Haq, 1988), and Nation under Siege (Ramallah: al-Haq, 1989). 5. Dan Horowitz, “Israel and the Occupation,” Jerusalem Quarterly 43 (1987): 21. 6. Liisa Malkki, “News and Culture: Transitory Phenomena and the Fieldwork Tradition,” in Anthropological Locations: Boundaries and Grounds of a Field Science, ed. Akhil Gupta and James Ferguson (Berkeley: University of California Press, 1997), p. 92. 7. Ibid. As Malkki notes, it is the “communities” rather than the activities occurring within them that are “accidental.” 8. Three events are particularly important to understand the political deterioration . On February 25, 1994, an American-Israeli settler massacred twentynine Palestinian worshipers at a mosque in Hebron before killing himself, sparking massive protests throughout the occupied territories. The Wrst Hamas suicide bus bombing inside Israel, on April 4, 1994, was claimed as a reprisal for Notes 259 260 NOTES TO PAGES 15 – 32 the Hebron massacre. On November 4, 1995, Rabin was assassinated by a rightwing ultrareligious Jew who accused Rabin of being a “traitor” for negotiating away “Jewish land” to the enemy. 9. A clear distillation of this debate can be found in a pair of articles: Benny Morris, “Camp David and After: An Exchange (1. An Interview with Ehud Barak),” and Hussein Agha and Robert Malley, “Camp David and After: An Exchange (2. A Reply to Ehud Barak),” both in New York Review of Books, June 13, 2002. 10. There are also military courts attached to prisons and detention centers to handle hearings for extension of detention and appeals against administrative detention. 11. Kristin Bumiller, The Civil Rights Society: The Social Construction of Victims (Baltimore: Johns Hopkins University Press, 1988), pp. 33–34. Chapter 1: A Political Geography of Law and ConXict 1 Alan Hunt, “Foucault’s Expulsion of Law: Toward a Retrieval,” Law and Social Inquiry 17/1 (1992), p. 1026. 2. Zachary Lockman, Comrades and Enemies: Arab and Jewish Workers in Palestine, 1906–1948 (Berkeley: University of California Press, 1996), p. 4. See also Baruch Kimmerling, “Sociology, Ideology, and Nation-Building: The Palestinians and Their Meaning in Israeli Sociology,” American Sociological Review 57 (1992): 446–60. 3. Patricia Ewick and Susan Silbey provide a useful deWnition of legality for sociolegal research: “[T]he term ‘legality’ [refers] to the meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends. In this rendering, people may invoke and enact legality in ways neither approved nor acknowledged by the law.” Patricia Ewick and Susan Silbey, The Common Place of Law: Stories from Everyday Life (Chicago: University of Chicago Press, 1998), p. 22. 4. James Ron, “Savage Restraint: Israel, Palestine and the Dialectics of Legal Repression,” Social Problems 47/4 (2000): 445–72. 5. Colin Gordon, “Governmental Rationality: An Introduction,” in The Foucault EVect: Studies in Governmentality, ed. Graham Burchell, Colin Gordon, and Peter Miller (Chicago: University of Chicago Press, 1991), p. 3. 6. Oren Yiftachel, “Israeli Society and Jewish-Palestinian Reconciliation: ‘Ethnocracy’ and Its Territorial Contradictions,” Middle East Journal 51 (Autumn 1997): 507. 7. According to this law, it is also illegal for a party to deny the democratic character of the state or to incite racism. See David Kretzmer, The Legal Status of the Arabs in Israel (Boulder, CO: Westview, 1990); Nadim Rouhana, Palestinians in an Ethnic Jewish State: Identities in ConXict (New Haven, CT: Yale University Press, 1997); Gershon ShaWr and Yoav Peled, “Citizenship and StratiWcation in an Ethnic Democracy,” Ethnic and Racial Studies 21 (May 1998): 408–27. 8. See Asher Arian, Ilan Talmud, and Tamar Hermann, National Security and NOTES TO PAGES 32 – 36 261 Public Opinion in Israel (Boulder, CO: Westview Press, 1988); Menachem Hofnung , Democracy, Law and National Security in Israel (Hanover, NH: Dartmouth Publishing, 1996); Itzhak...


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