ALMOST,BUT NOT QUITE: THE FAILURE OF NEW YORK'S GET STATUTE

The quandary of Jewish women unable to remarry because of their husbands’ refusal to grant them religious divorces is a real problem affecting real people. Husbands are wielding this lopsided power to “extort” money from their wives, obtain favorable child custody settlements, property settlements, and child support payments. The burgeoning divorce rate is certain to exacerbate this problem. Already, this situation has garnered international attention. In the wake of New York's legislative attempt to remedy this problem, countries, including the United Kingdom and Australia, have promulgated legislative solutions to this dilemma. New York is the only state in the United States to pass such a statute. Unfortunately, New York's statute is flawed because it is of limited applicability and still allows for situations in which the Jewish wife is civilly divorced but religiously married. This Note proposes amending New York's statute to make it applicable to any and all divorce proceedings and to any barrier to remarriage. This Note will further recommend that the proposed amended statute should be adopted worldwide.     

Jewish joke telling in Muttersprache Mameloschn: performing queer intervention on the German stage

This essay explores the central role of Jewish joke telling in Sasha Marianna Salzmann’s play Muttersprache Mameloschn (first performed in 2012). Subversively revealing the problematic of essentializing cultural, national, and even sexual identity, Jewish joke telling figures as a performance of social and political resistance and disidentification in this play. Engaging with Jack Halberstam’s queer epistemology of failure and José Esteban Muñoz’s theory of queer disidentification, I propose that the act of Jewish joke telling by a young lesbian plays out as a new queer project of intervention in this play that confronts both antisemitism and culturally positioned sexual hegemony.     

Transnational,transborder, antinational? The memory of the Jewish past in Poland

The aim of this article is to explore the interaction between local, national, and transnational frames of memory as it manifests itself in the contemporary commemoration of the Jewish past. Focusing on the case study of Poland, I argue that articulations of transnational memory still remain deeply rooted in local and national interests and mythologies, reflecting the fears, desires, or longings of memory makers. Ranging from digital media which stress the interactive and agency-based dimension of transnational memory, through to vernacular “stumbling blocks” inspired by German citizens and subsequently transplanted onto the Polish ground, to public memorials which are either embraced or contested by a variety of social actors, these initiatives urge us to rethink traditional approaches to memory. In particular, these different scales and locations of remembrance question the common perception of collective memory as rooted in rigid nation-state frameworks in favor of memories that travel, move, and transgress multiple boundaries and affect multiple communities.     

Fundamentalism's encounters with citizenship: the Haredim in Israel

This paper centers on the challenge that fundamentalist groups – such as the Israeli ultra-Orthodox community (the Haredim) – pose for citizenship. It focuses on two issues: challenges centering on contribution to and sacrifice for the Israeli nation-state; and alternatives that fundamentalism poses to definitions of citizenship. Empirically, it is based on research in three arenas: service in the Israeli military; a voluntary organization aiding state agencies after terror attacks (ZAKA), and a charitable association offering help in health and social welfare (Yad Sarah). Two trends – challenges to concepts of security and the state, and the weakening of the state in the economic sphere and social services – have opened up spaces for fundamentalist groups to operate in civil society and complement the state. The Haredi community has gradually developed a new concept of inclusion that both fits the state-centred view of citizenship and their own fundamentalist perspective.     

论中世纪西欧犹太妇女在犹太会堂中的地位和作用——以法、德为个案

尽管犹太妇女在犹太会堂中的地位依然受到传统的犹太律法及习俗的束缚,但是在中世纪的西欧,尤其是在12-13世纪的法国和德国,犹太妇女在犹太会堂中的地位仍然有了很大的改善.她们不仅拥有自己的会堂或者祈祷室,而且有自己的领唱员(cantor),犹太妇女不仅在安息日而且在平时也去会堂进行公共祈祷.除此之外,犹太妇女还积极地参加会堂的慈善活动.这不仅丰富了犹太妇女的精神生活,提高了犹太妇女的宗教和社会地位,而且极大地改善了犹太妇女的社会形象.     

Getting a `Get' – the Limits of Law's Authority? N. v. N. (Jurisdiction: Pre-Nuptial Agreement) [1999] 2 F.L.R. 745

This note examines the decision of the Family Division of the High Court in N. v. N. (Jurisdiction: Pre-Nuptial Agreement) in which, in the context of Jewish divorce proceedings, the Court found that it had no jurisdiction to order a husband, by specific performance of a marriage agreement, to go through the procedure to obtain a ‘get’ (a hand-written bill of divorcement) allowing his wife to remarry. First, discussion of the case is contextualised broadly within the debate on the (de)merits of employing legal means in order to redress social wrongs. Secondly, adopting a theoretical perspective upon the difficulties involved in using law to achieve social change, the note goes on to examine more specifically why women from minority cultures may choose to go to the law of the dominant culture in order to obtain relief. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Jewish population and family in the Polish–Lithuanian Commonwealth in the second half of the 18th century

The sources that can be employed to examine demographic aspects of the Jewish population and family in 18th-century Poland–Lithuania are sparse and mostly fiscal in origin. Since this source material has been preserved only for some periods and regions, few generalizations can be made. First, the authors have referred to the most comprehensive census that was carried out in 1791 by household in Cracow province (województwo krakowskie). It does not allow for detailed family reconstitution, however. Although extended/multiple family households might have been fairly common, the two-generational conjugal family unit seems to have prevailed, and no more than four nuclear families lived in one house. In addition, the age at first marriage was influenced only to a limited extent by the traditional practice of early marriage.     

The Role of Western Religious Values in Peacemaking for Divorcing Families

Peace (wholeness and integrity) is to be sought as the highest goal in the divorce process, affecting not only the divorcing couple but their family and community as well. The value of “community” found in the three major Western religious traditions suggests that more than just the immediate family should be involved in crafting divorce settlements and that the involvement of clergy may aid in the divorce process, especially in providing rich religious metaphors and exempla to promote peaceful negotiations. Other religious values such as “humanity in the divine image,” “love,” and “the fullness of time” can be useful in working with the divorcing couple to allow their stories to be told, provide time to sort out their complex emotions, and help reduce the impulse to see the other solely as an enemy to be eliminated in battle. “Sin and atonement” can serve an important role in restorative justice, while “the delayed arrival of the divine kingdom” provides a reasonable way to assess what determines success, both for the divorcing couple and for divorce professionals.

Key Points for the Family Court Community:
• Religious values found in Judaism, Christianity, and Islam can be consciously utilized to help divorcing couples separate more peacefully.
• Providing opportunities for each spouse to be fully heard and seen is a crucial component in helping to bring more peace into the divorce process.

     

Social structure of the Jewish quarter in Vienna during the liberal era (1850–1900)

The article examines the nature of residential and coresidential patterns in the second half of the 19th century in a district of Vienna known as Leopoldstadt, which had a large Jewish population. Analysis of a database from this district, paying attention to occupation and class variables, suggests that the Jewish population therein was more mixed than traditional interpretations suggest, and that the concentration of Jews there can plausibly be explained mainly by reference to residential choices made by Jews to live near an economic infrastructure that catered to their religious and cultural needs. The patterns identified in the data suggest further that in interpreting the residential patterns of the city it is necessary to conceptualize the problem as one of interaction between religion, economics, and residential choice.     

The Jews of early modern Marburg, 1640s—1800: A case study in family and household organization

This article examines Jewish household and family organization in a middle-sized German city, the Upper Hessian regional center of Marburg, the population of which ranged from 2500 to 6000 from the Thirty Years War to the end of the 18th century. Some general hypotheses about population development, household structure, and family life conveniently summarized by Toch [Toch, M. (1995). Aspects of stratification in early modern German Jewry: Population history and village Jews. In R. P. Hsia & H. Lehmann (Eds.). In and out of the ghetto: Jewish-Gentile relations in late medieval and early modern Germany (pp. 77-89). Cambridge: Cambridge University Press] serve as an organizational frame for the case study. In Toch's view, Jews' comparative wealth, as well as governmental restrictions on their settlement and marriage in central Europe, led to their having larger and more complex households than those of the Christian majority. While household enumerations over time confirm several of Toch's observations, especially the larger size of Jewish families, neither Hessian settlement policy nor local Marburg opposition prevented the Jewish minority of about 1% from keeping pace with general population growth. Moreover, Jews did not respond to their regulated living conditions and status as cultural outsiders with a family organization exhibiting remarkably more internal complexity than did Christian households.