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A Definition of Antisemitism

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The Therapized Antisemite
This chapter is in the book The Therapized Antisemite
A Definition of AntisemitismBefore diving into the matter, a definition is due for claritys sake. The termanti-semiticis problematic for various reasons. It was first popularized by WilhelmMarr, himself an antisemite. There are various definitions ofantisemitism,andeven how the term should be written is disputed. I choose to write it asantisemi-tism,as there is noSemitismfor it to be against. As with many fields in acade-mia, the definition of what constitutes asantisemiticitself is viciously debated.Since at least 1879,writes Kenneth L. Marcus inThe Definition of Anti-Semitism,the termanti-Semitismhas been repeatedly, variously, and contradictorily defined and re-defined in scores of lexicons, encyclopedia, and other reference works, as well as scholarlybooks and monographs. Despite these efforts, the question of definition is now more unset-tled than at any previous time . . . because definitions are fraught with ideological assump-tions that divide schools of thought.27As the field of antisemitism research is shaped by these conflicts in which ideol-ogy and self-interest, research and the politicization of academia are often hardto distinguish, it constitutes an environment in which a clear definition of anti-semitism does not appear easily. This leaves legal scholars with a dilemma.28WeKenneth L. Marcus,The Definition of Anti-Semitism(Oxford: Oxford University Press, 2015), 6.Giving the current rise in antisemitism, legal contributions to the question how to define thephenomenon seems all the more important. Yet, perplexingly, there is no institute forAntisemi-tism and the Lawthat could provide such a definition. I am not even aware of a law schooloffering a course onantisemitism and the law(while there are courses on Jewish religious lawat law schools). Nor am I aware of a substantial body of research on antisemitism and the law.Examples are theLaw vs Antisemitism Project,a non-profit organization founded by two Amer-ican law professors, Robert Katz and Diane Kemker. Fortunately, both seek to write a casebookon the topic with David Schraub (a project that by the time of this writing has not been com-pleted), and organized theInaugural Law vs Antisemitism Conferenceat Indiana University in2022. (Yet, Derek Penslar, who is neither a legal scholar nor an expert on antisemitism and doesnot see the BDS movement as antisemitic, delivered the opening address. More about his scholar-ship in chapter IV. https://mckinneylaw.iu.edu/news/releases/2022/02/iu-mckinney-hosts-inaugural-law-vs-antisemitism-conference-.html (Access date October 26, 2023)). Among the few otherscholars working on the intersection of antisemitism and the law are Reut Y. Paz and Thilo Ma-rauhn with theirSeeing Antisemitism Through Lawproject at the University of Giessen in Ger-many (https://www.uni-giessen.de/faculties/01/facultydep/liszt/satl) and their research partnerYoram Shachar of Reichman University in Israel (https://gepris.dfg.de/gepris/projekt/446952759).There is Robbie Sabels work on international law and antisemitism at The Hebrew University ofJerusalem (Robbie Sabel,A Role for International Law in Combating Antisemitism?Israel Jour-nal of Foreign Affairs10.3 (2016): 451456, DOI: 10.1080/23739770.2016.1247317), and David Sey-mours work on the impact of the Holocaust on social and legal theory (David Seymour,Law,Antisemitism and the Holocaust(London: Routledge, 2007); https://londonantisemitism.com/about/).https://doi.org/10.1515/9783111349572-002
© 2024 Walter de Gruyter GmbH, Berlin/Boston

A Definition of AntisemitismBefore diving into the matter, a definition is due for claritys sake. The termanti-semiticis problematic for various reasons. It was first popularized by WilhelmMarr, himself an antisemite. There are various definitions ofantisemitism,andeven how the term should be written is disputed. I choose to write it asantisemi-tism,as there is noSemitismfor it to be against. As with many fields in acade-mia, the definition of what constitutes asantisemiticitself is viciously debated.Since at least 1879,writes Kenneth L. Marcus inThe Definition of Anti-Semitism,the termanti-Semitismhas been repeatedly, variously, and contradictorily defined and re-defined in scores of lexicons, encyclopedia, and other reference works, as well as scholarlybooks and monographs. Despite these efforts, the question of definition is now more unset-tled than at any previous time . . . because definitions are fraught with ideological assump-tions that divide schools of thought.27As the field of antisemitism research is shaped by these conflicts in which ideol-ogy and self-interest, research and the politicization of academia are often hardto distinguish, it constitutes an environment in which a clear definition of anti-semitism does not appear easily. This leaves legal scholars with a dilemma.28WeKenneth L. Marcus,The Definition of Anti-Semitism(Oxford: Oxford University Press, 2015), 6.Giving the current rise in antisemitism, legal contributions to the question how to define thephenomenon seems all the more important. Yet, perplexingly, there is no institute forAntisemi-tism and the Lawthat could provide such a definition. I am not even aware of a law schooloffering a course onantisemitism and the law(while there are courses on Jewish religious lawat law schools). Nor am I aware of a substantial body of research on antisemitism and the law.Examples are theLaw vs Antisemitism Project,a non-profit organization founded by two Amer-ican law professors, Robert Katz and Diane Kemker. Fortunately, both seek to write a casebookon the topic with David Schraub (a project that by the time of this writing has not been com-pleted), and organized theInaugural Law vs Antisemitism Conferenceat Indiana University in2022. (Yet, Derek Penslar, who is neither a legal scholar nor an expert on antisemitism and doesnot see the BDS movement as antisemitic, delivered the opening address. More about his scholar-ship in chapter IV. https://mckinneylaw.iu.edu/news/releases/2022/02/iu-mckinney-hosts-inaugural-law-vs-antisemitism-conference-.html (Access date October 26, 2023)). Among the few otherscholars working on the intersection of antisemitism and the law are Reut Y. Paz and Thilo Ma-rauhn with theirSeeing Antisemitism Through Lawproject at the University of Giessen in Ger-many (https://www.uni-giessen.de/faculties/01/facultydep/liszt/satl) and their research partnerYoram Shachar of Reichman University in Israel (https://gepris.dfg.de/gepris/projekt/446952759).There is Robbie Sabels work on international law and antisemitism at The Hebrew University ofJerusalem (Robbie Sabel,A Role for International Law in Combating Antisemitism?Israel Jour-nal of Foreign Affairs10.3 (2016): 451456, DOI: 10.1080/23739770.2016.1247317), and David Sey-mours work on the impact of the Holocaust on social and legal theory (David Seymour,Law,Antisemitism and the Holocaust(London: Routledge, 2007); https://londonantisemitism.com/about/).https://doi.org/10.1515/9783111349572-002
© 2024 Walter de Gruyter GmbH, Berlin/Boston
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