1. After 1948, when Israel gained sovereignty, stationery of Jews would rarely display information in Arabic.

2. Simon Agranat, letter to Louis and Mini Orloff, 10 April 1930, Agranat papers, Agranat family, Jerusalem. Agranat is referring here to the British restrictions on Jewish immigration to Palestine.

3. Simon Agranat, "A Modern Maccabean, The Life and Death of Ephraim Chizik," Avukah Annual 5 (1930): 106.

4. Ibid., 108.

5. Ibid., 106.

6. Ibid., 109.

3. Simon Agranat, "A Modern Maccabean, The Life and Death of Ephraim Chizik," Avukah Annual 5 (1930): 106.

4. Ibid., 108.

5. Ibid., 106.

6. Ibid., 109.

3. Simon Agranat, "A Modern Maccabean, The Life and Death of Ephraim Chizik," Avukah Annual 5 (1930): 106.

4. Ibid., 108.

5. Ibid., 106.

6. Ibid., 109.

3. Simon Agranat, "A Modern Maccabean, The Life and Death of Ephraim Chizik," Avukah Annual 5 (1930): 106.

4. Ibid., 108.

5. Ibid., 106.

6. Ibid., 109.

7. This was up from 83 lawyers at the end of 1921. By 1936 the number jumped to 360. Of the 360, only 112 were Arabs, an indication of the influx of profes- soft

sional Jews coming to Palestine as a result of the British open-door policy and the rise of Fascism in Europe. See Gavriel Shtrasman, Ote ha-Glima: Toldot Arikhat ha-Din be-Erets Yisrael [Wearing the Robes: A History of the Legal Profession until 1962] (Tel Aviv: Hotsaat Lishkat Orkhe ha-Din be-Yisrael, 1984), 161.

8. Ya'acov Halevy (Simon's law partner in the 1930s), interview by the author, Givatayim, Israel, October 1984.

9. Simon Agranat, letter to the editor of Ahdut ha-Avodah, undated, Agranat papers, Agranat family, Jerusalem.

10. See Eli Shaltiel, Pinhas Rutenberg: Aliyato u-Nefilato shel "Ish Hazak" [Pinhas Rutenberg: Life and Times] (Tel Aviv: Am Oved, 1990).

11. The struggle took the British and Turkish governments before the International Court. See Permanent Court of International Justice, "The Mavrommatis Jerusalem Concessions," Collection of Judgments, ser. A, no. 5 (Leiden: A. W. Sijthoff, 1925).

12. "Simon Agranat Memorandum on the Rutenberg Concession," undated, Agranat papers, in the author's files.

13. Thorsten Sellin (editor-in-chief of the Annals ), letter to Mordechai Eliash, 8 September 1932, Agranat papers, in the author's files.

14. Ibid.

13. Thorsten Sellin (editor-in-chief of the Annals ), letter to Mordechai Eliash, 8 September 1932, Agranat papers, in the author's files.

14. Ibid.

15. Harry Viteles, letter to Mordechai Eliash, 18 September 1932, Agranat papers, Agranat family, Jerusalem. The volume was finally published as Palestine: A Decade of Development, Annals of the American Academy of Political Science, vol. 164 (Philadelphia: American Academy of Political and Social Science, 1932).

16. In Palestine, prominent lawyers always found themselves engaged in public affairs. When Simon joined his office, Eliash headed the delegation representing the Yishuv before the International Commission on the Status of the Western Wall.

17. It may well be that the "Yemenite male secretary," whom Simon remembered, later became Eliash's Yemenite law partner (Moshe Kehaty). Shtrasman, Ote ha-Glima, 26.

18. Ibid., 68.

17. It may well be that the "Yemenite male secretary," whom Simon remembered, later became Eliash's Yemenite law partner (Moshe Kehaty). Shtrasman, Ote ha-Glima, 26.

18. Ibid., 68.

19. Harry Sacher and Bernard Joseph, memorandum to the high commissioner, 10 December 1925, file P6/857, Bernard Joseph Archive, Israel State Archive.

20. Shtrasman, Ote ha-Glima, 39. Although Agnon was describing the dusk of the Ottoman period, his description is still telling of the beginning of the Mandatory era.

21. See Assaf Likhovski, "In Our Image: Colonial Discourse and the Anglicization of the Law of Mandatory Palestine," 29 Is. L. Rev. 291 (1995).

22. Moshe Silberg, Bain Ke-Ehad: Asufat Dvarim shebe-Hagut uva-Halakhah [In Inner Harmony: Essays and Articles] (Jerusalem: Magnes Press, 1981), 111.

23. Gad Frumkin, Derekh Shofet Bi-Yerushalayim [A Judge in Jerusalem] (Tel Aviv: Dvir, 1955), 275.

24. "The Jurisdiction of the Civil Courts shall be exercised in conformity with the Ottoman Law . . . and so far as the same shall not extend or apply, shall be exercised in conformity with the substance of the common law, and the doctrines of equity in force in England . . . [p]provided always that the said . . . [English law] . . . shall be in force in Palestine so far only as the circumstances of Palestine continue

and its inhabitants . . . permit and subject to such qualification as local circumstances render necessary." Palestine Order in Council, 1922, art. 46, in Laws of Palestine, ed. R. Drayton, vol. 3 (London: Waterlow and Sons, 1934).

25. The case had a long trail of litigation. It started at the district court of Jaffa, then came before the Supreme Court of Palestine, from there to the Privy Council in London and back to the district court, and again on appeal to the Palestine Supreme Court in Jerusalem.

26. P.C.A. 1/35, Faruqi v. Aiyub [ sic ], 2 P.L.R. 390 (1935); C.A. 191/37, Farouqi v. Ayoub, 4 P.L.R. 331 (1937); P.C.A. 30/39, Ayoub v. Farouqi, 8 P.L.R. 116 (1941).

27. Margery Bentwich, Lilian Ruth Friedlander: A Biography (London: Rout-ledge & Kegan Paul, 1957), 23.

28. Shargel, Practical Dreamer .

29. One of her close friends was the noted Zionist activist Henrietta Szold. Bentwich, Lilian Ruth Friedlander, 37.

30. Most of her friends advised her against the move. Cyrus Adler (the scholar and Jewish leader) wrote: "It is difficult to exercise one's judgment on a short visit to the Holy Land. . . . It is a ruined and not too friendly land, to be redeemed, if at all, by the sturdy pioneer amidst many hardships. . . . Judaism in America needs your brave soul and your children too." Ibid., 81. The children learned Hebrew, attended Ha-Re'ali Gimnasium in Haifa, and acquired higher education abroad. Carmel's older brothers studied in Chicago, and Carmel herself graduated from the Froebel Educational Institute in Roehampton, England. In 1936 Lilian founded Beit Daniel, a guest house for artists and musicians, and became a major force in the development of the music scene in Palestine. The Encyclopaedia Judaica does not devote an entry to Lilian (as it does to her father, brothers, and husband), but Leonard Bernstein, in his foreword to her biography, wrote: "Every infant needs a mother; and so does every infant State. Young Israel has had its doting fathers. . . . [T]he world knows these men of passion, pride and dignity. We have heard less about its mothers . . . Lilian Friedlander was such a mother . . . a woman whose great fountain of maternal love was trained on the land she adored. My memories of her are all bathed in a matriarchal glow: I remember a piercing facial beauty, a lofty simplicity, and a steady effluvium of strength and kindness." Bentwich, Lilian Ruth Friedlander, foreword.

31. "Papa's 'Tuntine' (sunshine) was his name for her, and she was the delight of Lilian's father, who called her Peg-o'-my-Heart." Bentwich, Lilian Ruth Friedlander, 37.

32. Simon had relied on one of Friedlaender's essays for a college paper. In 1970 Agranat paid tribute to his father-in-law, quoting from his work in his Who Is a Jew dissent (see discussion on p. 207).

33. The description of Friedlaender's work in the Encyclopaedia Judaica could apply with equal force to that of Agranat's: "His public activity, as well as his writings, were characterized by his ability to see the different sides of the same question and to mediate between them." Encyclopaedia Judaica, s.v. "Israel Friedlaender."

34. Bentwich, Lilian Ruth Friedlander, 112.

35. Ibid.

34. Bentwich, Lilian Ruth Friedlander, 112.

35. Ibid.

36. "The picture that remains uppermost, is the six bridesmaids, such lovely children, in Kate Greenaway dresses of organdy, all assembled in Nita's small room, continue

like a cloud of white and blue. Little Nita [Carmel's cousin] might have stepped out of a Botticelli picture, and Viola like nothing but her attractive self." Ibid., 112-13.

37. See, for example, Judah Magnes's speech at the opening of the Hebrew University's academic year 1929/1930: "One of the greatest cultural duties of the Jewish people is the attempt to enter the promised land, not by means of conquest as Joshua, but through peaceful and cultural means, through hard work, sacrifice, love and with a decision not to do anything which cannot be justified before the world conscience." Encyclopaedia Judaica, s.v. "Judah Magnes." Compare that entry with Agranat's elegy for Ephraim Chizik, written at about the same time.

38. Their first, Israel, was born in 1935; Zilla, in 1939; Hillel, in 1941; Yael (Didi), in 1942; and Ronnie, in 1951.

39. See his description of his fiftieth birthday party: "That event was celebrated 'en famille'--the highlights being a tape-recorded program given by the children, with Hillel orating (remarkably well and in the original) an Antonius speech from Shakespeare's Julius Caesar and Zillah playing beautifully two of my favorite (and sentimental) American songs on the piano. The deus ex machina behind all this was, as usual, the Good Lady Carmel." Simon Agranat, letter to Morris and Mary Schussheim, 24 December 1956, Agranat papers, Agranat family, Jerusalem.

40. Yitzhak Kahan, interview by the author, Haifa, June 1984.

41. Shoshana Klein, letter to Simon Agranat, 7 March 1965, in Gvurot le-Shimon Agranat [Essays in Honor of Simon Agranat], ed. Aharon Barak et al. (Jerusalem: Graf Press, 1986), unnumbered page.

42. Article 2 of the Mandate for Palestine provides, simultaneously, for a Jewish National Home and for safeguarding the rights of the Palestinian (native) population: "The mandatory shall be responsible for placing the country under such political administrative and economic conditions as will secure the establishment of the Jewish National Home . . . and also for safeguarding the civil and religious rights of the inhabitants of Palestine irrespective of race and religion." Max M. Laserson, ed., On the Mandate: Documents, Statements, Laws and Judgments Relating to and Arising from the Mandate for Palestine (Tel Aviv: Igereth, 1937), 41.

43. Chaim Weizmann recalled Lord Passfield's having told him, in 1930, that "there is not room to swing a cat in Palestine." Palestine Royal Commission, Minutes of Evidence Heard at Public Sessions, vol. 1 (London: H. M. Stationery Office, 1937), 36; Shabtai Teveth, Ben-Gurion: The Burning Ground, 1886-1948 (Boston: Houghton Mifflin, 1987), 572.

44. Simon Agranat, letter to Louis and Mini Orloff, 22 May 1930, Agranat papers, Agranat family, Jerusalem.

45. Ha-Va'ad ha-Leumi. The local Jewish committee--Va'ad ha-Kehilah--was also involved. The lawyers were paid five English pounds per month, a small sum not sufficient to cover costs. They were expected and agreed to do the work as a national service. Most of the illegal immigrants in the Safed court were Syrian Jews. Yehuda Shachrour, letter to the author, 11 July 1995.

46. Ordinarily, the illegal immigrant would be sentenced to three months in jail. Next, the attorney would approach the chief of police and the head of the C.I.D. (the security services of Mandatory Palestine), who had discretion to release the prisoners on bail, pending deportation orders.

47. Ironically, Agranat himself was not a Palestinian citizen at the time. He continue

also recalled making ludicrously legalistic arguments, when the case seemed utterly hopeless. In one case, when the immigrant was caught close to the border and not far from a police station, he argued that one was not obliged to obtain a visa prior to arrival: "[I]t is perfectly conceivable that the defendant was heading toward the police station, after having crossed the border, in order to request a visa." To his astonishment, the court accepted the argument. But visa was denied, and the person was duly deported. "The operation was successful; the patient died," Agranat apologetically said in summation.

48. The high commissioner decided to free the detainees on a bail of 100 English pounds per person--an exorbitant amount. Members of the public volunteered to sign as collaterals. Simon, along with Moshe Goldberg, who owned an automobile, drove to the prison on a rainy Friday afternoon, just before the Sabbath began, to inform the prisoners that their release was imminent and that they should terminate their hunger strike.

49. Arlosoroff, head of the Political Department of the Jewish Agency, with whom Simon had crossed paths during the days of Avukah and in the debate over the legislative council for Palestine, was assassinated as he was strolling with his wife on the Tel Aviv beach. There followed an acrimonious upheaval, with the Left blaming the Right for the assassination. The question is still an open wound in Israel. See Shabtai Teveth, Retsah Arlozorov [The Murder of Arlosoroff] (Jerusalem: Schocken, 1982).

50. The other attorney was Zeev Argaman. Assisting the committee was Yitzhak Kahan, who later became Simon's clerk.

51. For historical background on Brit Shalom, see Aharon Kedar, "Brith Shalom--The Early Period (1925-1928)," in Pirkey Mehkar be-Toldot ha-Tsiyonut [Studies in the History of Zionism], ed. Yehuda Bauer, Moshe Davis, and Israel Kolatt (Jerusalem: Ha-Sifriyah ha-Tsiyonit, 1976), 224.

52. Babbitt was the conformist hero of Sinclair Lewis's novel Babbitt (New York: Harcourt Brace Jovanovich, 1922).

53. Palestine Royal Commission, Report: Presented by the Secretary of State for the Colonies to Parliament by Command of His Majesty, July 1937 (London: H. M. Stationery Office, 1937), 120. "[A]bout 43 per cent of the qualified population were not Palestinian citizens. The Jews have not availed themselves readily of the opportunity . . . and this is accounted for by the fact that their chief interest is in the Jewish community itself and allegiance to Palestine and its Government are minor considerations to many of them" (p. 332).

54. "The Department of State in Washington has informed the Consulate General that you lost the nationality of the United States on March 17, 1941 . . . by acquiring Palestine citizenship on that date. A certificate of Loss of Nationality was . . . approved by the Department of State on September 20, 1941." American Consul in Jerusalem, letter to Simon Agranat, Agranat papers, Agranat family, Jerusalem. Until the 1960s, loss of citizenship occurred automatically once it was established that a citizen had obtained naturalization in a foreign state. Since that time, a consensus has evolved that American citizens have a constitutional right to remain citizens unless they voluntarily assent to expatriation. See, generally, Alan G. James, "Expatriation in the United States: Precept and Practice Today and Yesterday," 27 San Diego L. Rev. 853 (1990). The American-born Carmel did retain her American citizenship, but Simon's expatriation could have been in- soft

terpreted as casting doubts on the validity of her citizenship because she was now married to a foreign national, an act that also entailed expatriation, according to American law at the time.

55. Arthur Koestler, Thieves in the Night: Chronicle of an Experiment (New York: Macmillan, 1946), 235. Agranat directed my attention to this description. It was common knowledge in Haifa legal circles at the time that Koestler was describing the courtroom in which Agranat and Landau held trials.

56. "Shoftey Shalom 'Britim' ve-Yehudim ['British' and Jewish Magistrates]," 2 Ha-Praklit 98 (1945); "Shoftim Britim ve-Erets Yisraelim [British and Palestinian Judges]," 3 Ha-Praklit 164 (1946). In the 1940s there were a number of changes in the jurisdiction of Palestinian magistrates. See, generally, "Harhavat Samkhutam Shel Shoftey ha-Shalom ha-Erets Yisraeliim [Wider Jurisdiction for Palestinian Magistrates]," Ha-Praklit, April 1944, at 5; "Bitul ha-Zkhut le-Berur Shoftim [The Abolition of the Right to Choose Judges]," 4 Ha-Praklit 197 (1947).

57. At the insistence of Carmel's mother the family moved to Zikhron Ya'acov, to escape the bombing. They were joined by the families of Agranat's two good friends, Naftali Lifshits and Jacob S. Shapiro. The men commuted between Haifa and Zikhron Ya'acov.

58. Agranat and his colleague, Moshe Landau, served as privates. Jacob Solomon, another Jewish lawyer, was bombardier, and Jacob S. Shapiro was lance bombardier.

59. The Court could thereby save the cost of interpreting the opinions in order to make them accessible to the English- and Arab-speaking members of the legal community.

60. For a sample of Agranat's unpublished opinions as a magistrate, see C.A. 6776/40, Abramowitz v. Argamann; C.A. 4261/41, Gorodisky v. Shwartzbord; C.A. 1152/42 (names of parties not mentioned); C.A. 2704/43, Dayan v. "Haver"; C.A. 2853/43, Dikstein v. Glazer, Agranat papers, Agranat family, Jerusalem.

61. "In the paper which Cohen delivered at the first Conference of Legal and Social Philosophy, he demonstrated--to my mind, effectively--the falsity of what he called 'the phonograph theory of the judicial function,' according to which 'the judge merely repeats the words that the law has spoken to him'. . . . [T]oday most jurists would, I think, look upon that thesis as commonplace, yet at the time when Cohen advanced it, it was anathema to legal orthodoxy." Simon Agranat, "The Philosophy of Morris R. Cohen, A Symposium: Reflections on the Man and His Work," 16 Is. L. Rev. 282, 287 (1981). For an analysis of the challenge to legal orthodoxy in the United States, see Horwitz, Transformation .

62. "I remember that . . . he was unable to obtain a copy of Holmes' Common Law [in Palestine] and I found a copy and sent it to him." Fred H. Mandel, letter to the author, 8 February 1983.

63. Felix Cohen, "Transcendental Nonsense and the Functional Approach," 35 Colum. L. Rev. 809 (1935). See also Agranat's 1973 characterization of the Mandatory legal system as a "closed system," Simon Agranat, "The Supreme Court in Action," Jerusalem Post, 6 May 1973.

64. The fact that he continued to write long opinions after his elevation to the top of the judicial pyramid does not necessarily cast doubt on this explanation. It may well be that by then the practice had become second nature to him, difficult if not impossible to shed. break

65. "Shwartz v. Hoiser," 10 P.L.R. 170, 172 (1943). "How do you like my excessive modesty?" Agranat asked, after showing me the quotation. "I don't brag about myself, but I admit that I am good."

66. The program, announced in the Biltmore Hotel in New York, included the opening of the gates of Palestine to mass Jewish immigration, an active role in the Palestine economy for the Jewish Agency, and the eventual establishment of a Jewish commonwealth in a part of Palestine.

67. Palestine Gazette, Supp. 2, 1055 (1945).

68. Yehoshua Porath and Yaacov Shavit, eds., Ha-Historyah shel Erets Yisrael: Ha-Mandat Veha-Bayit ha-Leumi [The History of Palestine: The British Mandate and the Jewish National Home] (Jerusalem: Keter, 1981), 76; Joseph Heller, "Meha-Shabat ha-Shhorah la-Halukah, Kayits 1946 ki-Nekudat mifne be-Toldot ha-Tsiyonut [From the 'Black Sabbath' to Partition (Summer 1946 as a Turning Point in the History of Zionist Policy)]," Zion 43 (1978): 314, 331-38.

69. "Mi-Yom le-Yom [From Day to Day]," Ha-Arets, 2 July 1946, 2.

70. See chap. 6, n. 14, and chap. 10, n. 8.

71. The British generally refrained from utilizing native judges in their effort to crush the rebellion. Native judges could not be trusted to side with British interests in such matters. Agranat was seldom called on to preside over trials of a political nature and hence did not experience the dilemma between justice and law in its most acute form.

72. Benny Morris, The Birth of the Palestinian Refugee Problem, 1947-1949 (Cambridge, England: Cambridge University Press, 1987), 19-23; Simha Flapan, The Birth of Israel: Myth and Realities (New York: Pantheon Books, 1987), 187-99; Ilan Pappe, The Making of the Arab-Israeli Conflict, 1947-1951 (London: I. B. Tauris, 1992), 102-34. For a description from the Palestinian perspective, see Walid Khalidi, "The Fall of Haifa," Middle East Forum 35 (1959): 22.

73. United States, Department of State, Foreign Relations of the United States 1947, vol. 5, The Near East and Africa (Washington, D.C.: U.S. Government Printing Office, 1971), 1327.

74. "Mevakshim Hahashat Berur Mishpatim Lifney Ha-Pinuy [Requests for Expedited Trials before the Evacuation]," Ha-Arets, 23 October 1947, 3.

75. "According to British Military Intelligence, 'the hurried departure of Ahmad Bey Khalil . . . is a very significant illustration of the opinion of the local Arabs as to the outcome of an extensive Jewish operations at present.'" Morris, Palestinian Refugee Problem, 77.

76. Cable from the foreign minister of Egypt to the U.N. Security Council, 15 May 1948: "Egyptian forces entered Palestine for the purpose of restoring security and order." Shmuel Ettinger, Toldot Am Yisrael [History of the Jewish People], ed. H. Ben-Sasson, vol. 3 (Tel Aviv: Dvir, 1969), 335.