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The second and third parts of this monograph deal with the mechanisms engaged to enforce the proscription around the one state topic; this part deals with its forbidden history and content.
Why hide then behind the number of states to be created? Will this objective not be facilitated by the one-state, certainly much more easily than in the framework of two states? The impossibility of a Palestinian Right of Return is thus a fence around the more forbidden idea that the state of Israel might not be Jewish.
The verbotten one state model operates as one of the outer rings of prohibition protecting concentrically increasing sacrosanctity. The centrality of how fraught any discussion on the one state model would be at least in the Canadian context recurred as a theme from before that first email complaint up until the very day of the conference and beyond.
As the Organizing Committee sought to gain the participation of local Zionist and two state proponents on our advisory committee — it having been relatively straightforward to secure the participation of Israeli scholars — we were informed by those we approached that the topic of the one state model was too charged for local participation.
Immediately after the letter of complaint went out from my Osgoode colleague, one of our Advisory Committee members, who had been copied on the email, raised with us an issue regarding the title of our conference that had not before occurred to him.
As he noted, words exist, as Stanley Fish would say, within an interpretive community. The original title of the conference One State or Two? It appeared that there could not be a space for discussing alternatives to the more orthodox two state model without triggering concentric rings of security alarms.
The four members of the Organizing Committee in fact had not only a broad scope of views on models of statehood between them, but shared a fair amount of skepticism and ambivalence about any of the models presented.
From the outset, we actively sought out the participation of scholars who could represent a range, if not polar opposition, on conceivable ways out of the Middle East impasse. When the call for papers was answered by a far more complex range of models than suggested by the original title — One State or Two?
As they noted, We believe that frustration with the lack of progress toward a two-state solution does not provide a sufficient basis for advocating a one-state solution. Current calls for a one-state solution mask a desire for the disappearance of Israel as a Jewish state.
Mapping Models of Statehood and Paths to Peace. The concern stemmed from the fact that a large majority of the speakers promoted a one-state solution to the Israeli-Palestinian conflict — a solution that would mean the end of a Jewish state.
While not all of the furor that arose around the conference was focused on the perils of raising the one state model as a subject of inquiry, it is fair to say that vast bulk of the express anxiety was provoked by this stimulus. The successive proscriptions embedded within the forbidden one state topic fits well with the Talmudic analogy to gzerot established to protect a biblical precept.
As with biblical commands within a world of religious pluralism, there is a contingent, contested, and at times radically incommensurable quality to those topics which different communities take — internally — to be indisputable.
The contingent nature of gzerot — the quality of being deeply and meaningfully proscriptive to insiders while potentially perplexing, if not arbitrary or even vexatious, to outsiders — is manifest in the history of these devices. This contingent quality is present even when outsiders have profoundly empathetic responses to the inner logic, even empathy sufficiently deep to be akin to a recognition of necessity.
Gzerot — rabbinical, and therefore human, commandments designed to shore up the sacrosanctity of the divine commands given in the Torah — emerged most prolifically after the fall of the second temple in 70 CE when the center of Jewish lawmaking moved from the land of Israel to the dispersed communities of the Diaspora and the Torah itself became interpretively surrounded by the mishnah and the mishnah by the spiraling complexity of the Talmud.
When the Jews of Europe were enclosed in ghettos — segregated communities that had earlier been preferred by Jewish communities wishing to settle in new towns but became imposed during the renaissance — the authority of rabbinical leaders became entrenched as the ghettos became autonomous and corporate law-making jurisdictions.
Rabbinical law flourished commensurately and the distinctiveness of the Talmudic legal tradition was massaged to respond to a plethora of disputes and conundrums both ponderous and mundane. The structure of rabbinical jurisdiction became solidified as the threat of excommunication from a familiar space was given the edge of banishment to a surrounding world of pervasive and persistent anti-Semitism.
When the walls of the ghettos were taken down in the 19th century under the ideals of the Enlightenment and the expansion of the French Revolution through Napoleon, Jews dispersed from the corporate and segregated world of ghettos and aspired towards equal citizenship in their surrounding societies.
As a result of the dispersal and of the promise of integration, the jurisdictional scope that the ghettos had afforded the integrity and development of Talmudic law was commensurately diluted. Not only did many Jews assimilate rapidly and sometimes with great success into non-Jewish society, Jewish law lost the solidarity and jurisdictional enclosure that enables many legal traditions to flourish.
Not only did integration play a role in retarding the development of Jewish law by dispersing the legal authority from theretofore highly localized communities with steep enforcement mechanisms for non-compliance, the Jewish Enlightenment Haskalah that followed upon the release from the ghettos also fractured the prior cohesion of the Jewish people.
Over the 19th century, the conception of authority that had governed Jews — seeped in revealed truths and rooted in deeply historical sources, many with absolute validity — gave way to a persuasive authority whose sources were far more plural and hybrid and contentious.
The paradigm of fences built around absolute truths by authorities whose expertise clustered around a highly distinctive set of sources and methodologies shifted, for Jewish as well as non-Jewish Europeans. The corporate pluralism of the Middle Ages and Renaissance gave rise to a far more scattered and complex pluralism just as the concept of citizenship held the promise of embracing far more diverse swathes of society.
The Haskalah transformed the viciously stigmatized and ghettoized Jewish population into a stunningly successful and seemingly fully integrated part of the upper echelons of German society. Having taken seriously the promise of full and equal citizenship in the European community of nations and the prospects of fecundating millennia of Jewish thought with the fruits of the Enlightenment and vice versaJews found themselves transformed in the European imaginary into deadly threats to national integrity.
No longer having the security of ghettos to retreat to, the pervasive and seemingly ineradicable anti-Semitism of European society exploited the vulnerabilities that arise from the openness of integration, assimilation, and hope.
The pedagogy of the Holocaust appears to logically and overwhelmingly reinstate a new absolute around which multiple fences are required, emerging as they do out of the seemingly indelible historical truth of deep-seated anti-Semitism: This is the logic of an unspeakable pain and grief that is hard to deny.
This is an historical logic that, while contingent, is so virtually unassailable and so immediately evocative, also to outsiders, to render it a seeming necessity.
It is hard to imagine a group whose terror of dependency on the goodwill of others is more justified.
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Perhaps the best illustration of this is the high level of contestation and disputation that are tolerated within Israel proper, for example in its media and its universities; a tolerance that is often unparalleled in other Western democracies.
Some of the most vocal critics of pronouncements about the unassailable nature of the Israeli state come from Israel itself. When Professor Neve Gordon of Ben-Gurion University called for a boycott of Israel, the group leading the furor to have a tenured professor fired was the Jewish community of Los Angeles.
The law in Israel is very clear, and the university is a law-abiding institution.Intelligence To be intelligent you first have to know what being Intelligent is.
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