Contenuti per la categoria: Ebraismo

By law or by statute. Belonging and autonomy in the legal experience of contemporary Italian Judaism 

ABSTRACT. The essay retraces the salient passages of the juridical condition of the Jews of Italy, from the second emancipation (1848) onwards, around the pivotal principles of community autonomy and individual belonging, which during the different eras - liberal, fascist, republican - have taken on different normative qualifications and consequent historical meanings. The historical perspective thus illustrates the unique and paradigmatic character of the Jewish case for the tension that has gradually been established between institutional reasons and individual demands, between the 'necessity' of the community and the 'freedom' of the Jews. From the reconstruction it emerges how, in the different moments, the initiative of the minority prevailed over the action of the State, mostly called upon to acknowledge the requests and solicitations of the Jewish leadership.

SOMMARIO - 1. Premessa - 2. Tra emancipazione e tradizione. Modelli comunitari in età liberale - 3. Dal Consorzio delle Università israelitiche alla legge del 1930 - 4. L’autonomia confessionale. L’intesa con lo Stato e lo statuto dell’Unione delle Comunità ebraiche del 1987 - 5. Cenni conclusivi.

Thought and counter-thought. The limits and legitimacy of Israel-critical speech under the European Court of Human Rights

SOMMARIO: 1. Introduzione - 2. Legittimità della critica antisionista: Baldassi c. Francia - 3. Limiti della critica antisionista: status pubblico del divulgatore e natura antisemita della divulgazione - 3.1. Bonnet c. Francia - 4. Conclusioni.

ABSTRACT: In May 2016, the International Holocaust Remembrance Alliance (IHRA) adopted a working definition of antisemitism as a non-binding guide for states and policymakers to identify criminal anti-Jewish behaviour. Critics, however, argue that the IHRA definition hastily conflates illegitimate forms of antisemitism with legitimate political speech against Israel's government and policies. Therefore, if integrated into national legislation, they warn that the IHRA definition could easily become a legal tool to stifle critics of the Israeli government and advocates for Palestinian rights. Political agendas apart, the terminological imprecision of the IHRA definition raises timely questions about the boundaries between antisemitism and anti-Zionism, as well as between legitimate and illegitimate Israel-critical speech. This is especially relevant, particularly after Palestinian militant group Ḥamās launched a surprise attack against Israel on October 7, 2023. The ongoing war thus raises the questions: Apart from open calls to violence, how to assess when legitimate, anti-Israel speech might spiral into illegitimate, harmful discourses? And what factors should be brought to bear on legal balancing? Although not dealing with a war-torn scenario, the European Court of Human Rights (ECtHR) has offered some insights on the issue that will be addressed in this paper.

SOMMARIO - 1. Confessionale, laico o pluralista? La difficile classificazione di un modello sui generis - 2. Tra conflitto sociale e accomodamento politico - 3. Dal pluralismo religioso al pluralismo istituzionale. La questione del matrimonio civile.

SOMMARIO: 1. Israele, uno Stato ‘ebraico’ e multiculturale? - 2. Il sistema degli statuti personali e la tutela delle relazioni familiari - 3. Matrimoni, divorzi e Corti religiose - 4. Pluralismo, multiconfessionismo e dinamiche demografiche. Prime conclusioni e prospettive di ricerca.

Forms and practices of the religious pluralism in the State of Israel. The Ottoman inheritance and the protection of family relationships.

ABSTRACT: The essay aims to explore, also in a historical perspective, the general characteristics, peculiarities and limits of the differentiated protection of family relationships in force in the legal system of (State of Israel), still based on the millet system. It allows the application of the personal statutes of the various ethnic-religious communities (Jewish, Muslim, Druze, Christian) present on the territory, not only to regulate the legal institutions typical of family law - especially marriage and divorce -, but also for the resolution of disputes on the matter that are devolved to the jurisdiction of the religious Courts of several religions. In examining the effectiveness and functionality of this model of religious and cultural pluralism, the study highlights the delicate problems of relevance and coexistence of the different religious normative complexes in the Israeli state system.

SOMMARIO: 1 - Introduzione - 2. Il quadro pluralistico dell’ebraismo diasporico e delle sue organizzazioni - 3. Peculiarità dell’organizzazione dell’ebraismo italiano - 4. Pluralismo interno e tensioni nel contesto unitario delle Comunità - 5. Le origini storiche del peculiare assetto organizzativo dell’ebraismo italiano: l’assenza del movimento riformato in Italia e la normativa statualistica del 1930-31 - 6. La struttura unitaria e l’adesione delle Comunità all’ortodossia nello Statuto e nell’Intesa - 7. Conclusioni: la necessaria conciliazione tra pluralismo e unitarietà tra le varie anime dell’ebraismo italiano.

The Union of Italian Jewish Communities between adherence to Orthodox Judaism and representation of all Jew in Italy: Is the constitutional Agreement of 1987 with the Italian State still adequate?

ABSTRACT: Relations between Italian Judaism and the Italian State are governed legally by the Agreement (“Intesa”) concluded in 1987 pursuant to Article 8 of the Italian Constitution, enforced by Law No. 101 of 1989.The organization of the Italian Jewish communities and their central “Union” is governed by the By-Laws (“Statuto”) adopted by them at that time, which reflect the Intesa. In conformity also with the tradition of Italian Judaism local communities take care of all Jewish activities, religious, social or educational, and the Unione officially represents all Jews and Jewish groups. Since 1987 however, there has been an explosion of various Jewish groups and denominations in Italy, from the Lubavitch to Reformed groups, which organize themselves autonomously. These groups considers themselves part of Italian Judaism and recognize more or less the central role of the local communities and Unione. However they increasingly ask a say in the latter management.. The issue discussed in the paper is whether the unitary structure of Italian Judaism, as enshrined in Intesa and recognized by Italian public authorities, is still adequate to cope with this evolution, and whether a plurality of independent Jewish organizations, separately recognized by Italian authorities would be compatible with Article 8 of the Constitution and preferable in practice.

SUMMARY: 1. Introduction - 2. Flag Protection. Legislation - 3. Flag Protection. Jurisprudence - 4. Foreign Flags - 5. Desecration of Religious Books - 6. Conclusions.

ABSTRACT: Freedom of expression is axiomatic to liberal democracy. However, extremely divergent paradigms about when it must be curbed are manifest in the legal systems of different countries, especially concerning hate speech and speech offensive to religious or patriotic feelings. The United States is more protective of freedom of expression even at the cost of deliberately ignoring the need - especially in culturally diverse societies common in democratic countries nowadays - for dialogue rather than confrontation and for a pluralistic respect of the dignity and integrity of others and that which they cherish. In contrast, the European paradigm willingly sacrifices freedom of expression for the sake of protecting the sensibilities of the different segments of society. The theoretical question of the proper perimeters of such infringements upon freedom of expression aside, legislation prohibiting the desecration of national symbols on the one hand, and of religiously venerated objects on the other hand, can be seen as a measure of the emphasis ascribed in a jurisdiction to tolerance and pluralism as a justification for limiting democratic rights. This paper is a critical review of the legislation and case-law of flag burning statutes, and statutes outlawing the desecration of religious books, in Israel.

SOMMARIO: 1. Introduzione - 2. Le regole alimentari nel contesto israeliano e l’irrisolto dualismo (anche simbolico) tra identità collettiva nazionale e religiosa - 3. L’approccio europeo al Kashrut e la questione della macellazione rituale - 4. Le relazioni tra precetti religiosi alimentari ebraici e normativa secolare negli ordinamenti della multiculturalità - 5. Le Kasher food laws negli Stati Uniti - 6. Nota conclusiva.

Judaism and Food: an ancient binomial and the new tendencies on the background of multiculturalism

Abstract: In Judaism, religion and food have always been the terms of a strong spiritual and cultural ‘binomial’, variously affecting the community as well as the individual dimension. In Jewish religious tradition, food is at the same time an instrument of religious elevation, and it represents a powerful factor of collective identity. The paper aims at deepening this binomial in a comparative perspective that takes into consideration some specific features that seem particularly relevant.  a) The role of the Constitutional Courts in the containment of sacred law, according to the Hirshl’s perspective (I. Hirshl, 2010), and in particular the case of Israel where the scope of religious authorities’ prerogative over the issue of kashrut certificates by the Chief Rabbinate represents an important part of the struggle between secular and religious attitudes. The judicial debate on Kashrut contributes to delineate the role of the Supreme Court of Israel in responding to the increased tension between Israel’s dual commitment to liberal-democratic and Jewish values. b) The new conflictual tendencies, in the relation between food and multiculturalism, concerning kosher slaughter in Europe.  c) The relationship between Jewish dietary laws, religious liberties, the Establishment Clause and the Free Exercise Clause in the United States constitutional system.  Starting from these topics, the paper will try to argue on the manifestation in food law of the intrinsic duality in the state of Israel, together Jewish and democratic, and the reflection of this duality in the other legal systems where constitutional theocracy is prevented by constitutional provisions of secularity and pluralism, but secularism appears in various and different forms.

SOMMARIO: 1. Notazioni introduttive - 2. La circoncisione “terapeutica” e quella “profilattica” - 3. La circoncisione “tradizionale” e quella (propriamente) “rituale” - 4. L’orientamento che giudica la pratica contraria ai diritti fondamentali del minore - 5. La circoncisione rituale ebraica e la legge 8 marzo 1989, n. 101 - 6. La circoncisione rituale tra libertà religiosa, diritto alla salute e diritto all’integrità fisica - 7. Osservazioni conclusive.

The issue of lawfulness of “ritual” circumcision: protection of collective religious identity versus violation of individual’s right to physical integrity

ABSTRACT: The present essay deals with the issue regarding the lawfulness of male “ritual” circumcision, that is performed for non-therapeutic reasons. Female genital mutilation (FGM) is considered as a violation of human rights in the Western world; on the contrary, male circumcision for non-therapeutic reasons is currently tolerated. However, in many Countries experts hightlighted the permanent effect of circumcision on bodily integrity and the special importance of the right to self-determination. The Author stresses problems that the circumcision poses in the Italian legal system, considering special legislation related to Jewis (law No. 101/1989) and case law that assesses the practice lawful in case it is performed with the parents’ consent and according to the rules of medical art.

SOMMARIO: 1. Premessa - 2. Il congresso israelitico di Ferrara (1863) - 3. Il disegno di legge Vacca del 1865 - 4. Il congresso israelitico di Firenze (1867) - 5. Conclusioni.

The legal framework of the italian Jewish communities in the first decade of Italy’s unification

ABSTRACT: The essay deals with the unification of the normative structures of the Italian Jewish communities after the Unity, by reconstructing the extensive debate that took place in the Jewish context. It then analyzes the legislative proposal of extending Rattazzi's law of 1857 to the entire national territory, which was presented by the Italian government to the Parliament in 1865. Finally, it gives an account, through a vast and largely unpublished archival documentation, both of the choice of individual communities to maintain the legal systems in force in the pre-unitary italian States, and of the attempts, advanced in the parliamentary center between the end of the nineteenth and the beginning of the twentieth century, of abrogation of the Rattazzi's law, considered, due to its jurisdictional traits, in contrast to the principles of the liberal State.

SUMMARY: 1. Introduction - 2. Background and Laws - 3. Legal Issues - 4. Future outlook.

Abstract: Jerusalem is the most important city in the world, the Centre of the three greatest religions. It is the Capital of the State of Israel for some, the capital of the State of Palestine for others and for others still a corpus separatum under international control. Everyone wants Jerusalem, and so they contest it, creating political and legislative unrest. These disturbances give rise to violence from both groups of people that live there. In this brief dissertation, we retrace the key historical points and problems associated with the legal status of this city, from the first decades of the twentieth century, to understand that the problem lies in the claim of ownership of this City.