The State, the Nation, and the Jews: Liberalism and the Antisemitism Dispute in Bismarck's Germany

5. Emancipation, Assimilation, and the Concept of Rights

On several occasions, Treitschke rejects the idea of challenging the legal emancipation of the Jews in the German state. The principal formulation is the following: Today the unfortunate struggle is settled, civil equality [bürgerliche Gleichberechtigung ] of the Jews has long been achieved in all civilized states, and in all of Germany I do not know one sensible politician who would want to overthrow this accomplished deed. The German Jews enjoy unrestricted freedom of worship; no one interferes with their old customs and traditions or with their distinct cosmopolitan scholarship [eigenthümlichen kosmopolitischen Wissenschaft]; civic life [der bürgerliche Verkehr] even widely respects their Sabbath, although this is undeniably for us Christians a very inconvenient institution. With emancipation achieved, however, the old Jewish claim to separate nationhood has also become totally obsolete. In the present century of national state formations, the European Jews can have a role that is peaceful and conducive to civilization only if they decide to dissolve into the civilized peoples, whose languages they speak—as far as religion, tradition and tribal characteristics [Stammesart] allow this to happen.1 In this crucial paragraph, Treitschke makes four distinct statements. First, all“civilized peoples”have granted“civil equality.”Since by implication this is part of what makes them“civilized,”one ought not attempt to challenge this. Second, although the fact that the Jews enjoy the same civil equality as Five.Emancipation,Assimilation,andtheConceptofRights Emancipation,Assimilation,andtheConceptofRights 147 other groups seems to be grounded in universalist liberal values, Treitschke mentions some of what seem to him particular characteristics of the Jews: the Jews continue to stick to their“peculiar cosmopolitan scholarship”and to the Sabbath. The fact that he finds it necessary to mention these things in the context of his adherence to universal liberal rights underlines that these rights do not go without saying: the universality of civic rights includes Jews despite their“peculiar”and“inconvenient”characteristics.Third, “with emancipation achieved,” Jews have traded in and forsaken the right to make claims to separate nationhood. Treitschke demands they dissolve in the “civilized peoples” now that they have accepted the terms of trade of emancipation. By implication, everything short of an active policy of dissolving Jewish separate identity counts as Jewish nationalism.2 Fourth, there is still a limit to the extent to which the Jews can have a positive role in modern European history (which is characterized as a history of nationstate building): that limit is their ability to assimilate. Their culture and “tribal characteristics” do not allow for complete assimilation, and thus by implication neither for a completely positive role in modern history. A residue of ethnic characteristics will remain unassimilable and alien to the world of modern European nation-states. Treitschke’s position on this issue is deeply ambivalent.First,he claims that “the unfortunate struggle”—namely,the conflict between“the hard necessity of the state’s unity” and the Jews’ claim to both equality and difference— ”has been settled” with the achievement of legal emancipation. However, the remainder of the paragraph implies that struggle and conflict continue. The exhortative (and discreetly threatening) tone of his discourse in these sentences clearly has a “pragmatic” dimension: urging the Jews to make “a decision.”His own words make more than clear that the case that he claims has been“settled”is actually not so settled.Treitschke’s ostensible defense of (legal) emancipation is contradicted by his pointing to the insurmountable limits of assimilation due to“religion, tradition and tribal characteristics.” If assimilation cannot be complete, neither can equality. Treitschke’s claim that the struggle is over is part of the ongoing struggle. In his view, emancipation has been granted to the Jews as an advance installment—thanks to 148 The Berlin Antisemitism Dispute the self-forgetful tolerance of the Culturvölker (nations of culture)—but the Jews still have to deliver their part.They still have to decide to“dissolve into” the latter, as far as it is possible for the alien“tribe”that they are. Treitschke admits that“a part of the German Jews has long taken this necessary decision ” to assimilate, but he claims that another“very influential part of our Jewry”does not even intend to. It was left to Treitschke’s interlocutors, however, to spell out in more theoretical language what underpinned the controversy about the meaning and implications of Jewish emancipation. Manuel Joël comments on Treitschke ’s formulation...