Examining two Israeli cases, this article addresses the highly controversial question about the privatization of state authority. The first concerns the Supreme Court decision that prohibits private prisons, a ruling that reflects the deep-rooted assumption that criminal punishment is a matter of state authority. The second case refers to the Israeli religious organization Takana Forum, which seeks to handle sexual offenses committed by authoritative figures within its community. The relation between privatization, privacy, and multiculturalism is presented as potentially perpetuating patriarchal authority in family life, education, and punishment. Following this discussion, different models of privatization based on the nature of the respective privatized authority are presented. The article concludes with an analysis of the conflict between communal and state law and its potential effect on Israel's collective co-existence.
- LEGAL judgments
- private sanctions