The Open Code Book
The open law book project is a joint project of the workshop for knowledge and public and Wikiquote editors. The purpose of the project is to publish the full and updated version of the Israeli legislation, its changes and layers.
Project leaders: Zvi Dvir , Yehuda Deutsch
Characterization documents: general characterization document (Hashmir) , site characterization
The project site in Wikisource
GitHub database of the project
Content Task List in Wikisource
Why , why and how ?! ...
Why?!
[This chapter is based on the article " The Law Book of the State of Israel " on Wikisource]
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One of the hallmarks of an enlightened regime is the fact that the law is famous, and it enters into force only after its publication. With the publication of the law, the "presumption of knowledge of the law" is established, and in its negative form: ignorance of the law is not exempted. However, the scholars of the law have already given their opinion to the fact that the official publication of the law does not bring to its attention.
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David Mishan
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We live in a state of law, in which all our actions and all the actions of the government are subject to the laws of the state. The laws are the 'formal system' that defines the interaction between man and his fellow man and the institutions of government. This system regulates the rights and obligations of citizens and residents of the State, of commercial companies and of other legal associations, and of the State and its authorities and institutions.
In order to maintain a rule of law, the citizen is required to know the law - for it is impossible to uphold the law without knowing it. A basic condition for the knowledge of the law is publication of the text of the law . However, in Israel the demand for publicity is fulfilled in a purely formal manner, and from the official publications of a law, it is impossible to know its wording. This is where the Israeli legislative project comes into play, designed to fill in the gaps by publishing the updated versions of the law, their changes and their layers.
Presumption of knowledge of the law and public demand
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Common law was built around a mythological creature called the "reasonable man".
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- Herbert Herbert
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The "reasonable person" is expected to uphold the law. To do so, he must know all the laws, orders, decrees and regulations that have always been enacted in the country. Like most mythological creatures, 'reasonable man' has never been seen outside the legal world, but the common citizen is still expected to know and observe the law. So the question arises - how can the citizen, or the hypothetical 'reasonable person', know the language of the law? After all, the state does not send its citizens the text of the law when it is published. Therefore, a legal fiction was established (in the words of the late Haim Cohen), according to which, with the official publication of the law, the presumption of knowledge of the law was established , that is, after the publication of the law, in a magical and miraculous manner, it is assumed that everyone knows the law in its entirety.
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The publication in the Books of Shemot has a special attribute to the fact that what is published there - and only there - is seen as being published in practice and practice: even though a person from the Yishuv does not read the records, no one can be heard claiming that what was published there did not reach him; Or, at least, every person assumes that what has been published there has come to his attention - either because the mass media are presumed to bring to the attention of the general public everything pertaining to the public, and in particular to the legislation published in the records; Either because the records reach the knowledge of all the various professional consultants from whom the citizen can obtain the information he needs; And if only by way of legal fiction, that is: we know that the citizen did not read the records, but we see him as read and remember and know everything that was published there.
Haim Cohen
- Haim Cohen
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A necessary condition for maintaining the presumption of knowledge of the law is the publication of the law, and it is the duty of the state to ensure that the wording of the law is public and accessible to the public . However, the laws of the State of Israel only formalize the demand for publicity. Every law is published in the Law Book ("Records"), after its approval by the Knesset. The records contain the text of the law, as received for the first time, and a compilation of cumulative amendments that should be applied to the wording of the law. The amended version of the law does not appear in the records, and the "reasonable person" is required to assemble the amended and full version of the original version and from the compilation of amendments published over the years. In practice, there is no "official version" of the law, and the closest thing to the wording of the law are the versions published by lawyers' expenses. Formally, these formulas are not considered an official formula. For example, the official language of mandatory legislation is that it is impossible to combine the Mandatory (in the original English) with later legislative amendments,
The ordinary citizen has no access to the lawyers' databases, so to fulfill his duty to know the law, he must go to a legal library or pay for access to a commercial legal database. Although specific laws can be found on the sites of the relevant government ministries, there is no free and centralized database, in which the text of the law appears on all of its amendments. Thus, in the State of Israel, which sees itself as a "state of law," the citizen stands alone, naked and naked, without the free access to necessary legal knowledge necessary to provide the appearance of the publicity of the law required of the essence of a state of law.
The Israeli Legislation Project in Wikisource
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The law must be clear, short and focused. Interpreting the law means corrupting it.
Napoleon Bonaparte
- Napoleon Bonaparte
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Since it is impossible to find all the laws of the State of Israel in a clearly accessible and legible manner on the website of the Knesset or the Ministry of Justice, we have had to " take the law into our own hands ," and fill in the missing gaps in part by publishing updated versions of the law . Needless to say, if the legislative branch had done its job properly, all versions of the law would have been published in a centralized form on a government site. Although the Israeli legislation project in Wikiquote exists and progresses, in our opinion it is a poor certificate for the legislative branch, which a volunteer project was forced to replace.
There are those who argue that there is no problem in that the law is not accessible to the general public. According to this, a person has no tools or experience in order to understand the law and the ruling that interprets it, and therefore it is preferable for him to refer to an interpreter, an 'attorney' in their own language, in order to best represent and interpret the law. However, we believe that the law must be accessible to all, and the fact that certain laws are formulated (and sometimes even deliberately!), In a way that an educated person from the Yishuv finds it difficult to understand, constitutes yet another sign of poverty for the legislature.
current status
The project began in 2004, shortly after the opening of the Hebrew Wikiquette. Today, the database contains about 150 laws, and if a law is found in the database, a search engine search will refer to the text in the database as one of the first results of the search. Our goal is that all significant laws will appear in the database in their updated and complete form, easy to read and easy to navigate. We have emphasized the design of the laws, because it is not enough for the law to appear, in our opinion the law should be clear and readable.
In the Israeli legislation project, the laws are collected from official versions of government ministries or "records", and are concentrated together. The wiki platform allows you to easily add links between different rules. Thus, the reader can review the wording of the law, and with the click of a mouse switch to the laws mentioned in the wording. There are no commentaries in the project, but here and there comments are added on relevant sub-enactments (eg regulations relating to a particular section), or on the validity and applicability of this or that section.
But after eight years of activity, the project requires redesign. This is a process that has been going on for a year, part of the workshop on public knowledge. The purpose of the planning is twofold: first, to remove restrictions resulting from the current project house. Second, to expand the project so that Wikiquote will be one of several formats for displaying the legislation, and to allow other parties to use the legislative information (for example, an open Knesset project).
... and the necessary disclimer
In all the pages of the project, it is clearly and unequivocally stated that the information presented should not be regarded as legal advice or that it is presumed that the published version is the full, correct and updated version. The project removes nothing from the obligation of the Knesset and the Ministry of Justice to publish the full, updated and approved version of the law.
Warning : The information is for enrichment only and should not be considered legal advice. If necessary consult an attorney.
how?
General - project goals | Future plans
Content - Content Project
Technical - formal description | Markup language | Intermediate format | Final formats
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Last modified on January 5, 2015 at 18:27.
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