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A law professor worries Israel could become the next Hungary

(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.

While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.

Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”

Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities

To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”

We spoke on Friday. Our conversation has been edited for length and clarity.

Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.

Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.

A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?

Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time. 

Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)

You mean “accountability” in the sense that courts should be accountable to the public. 

Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.

And accountability in that case is too much of a good thing.

Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities. 

What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?

They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law. 

By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.

If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.

Can you give me a couple of examples? What are the high stakes in terms of democratic governance?

First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings. 

Including the prime minister, Benjamin Netanyahu.

Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.

Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.

Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.  

You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?

The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.

Certainly not if you are Israel.

Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.

In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest. 

Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.  

Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)

What does a constitutional crisis look like? 

Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?

When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?

It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.

But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.

How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?

This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries. 

How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?  

That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition. 

The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.


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This Jewish artist hadn’t painted in more than 5 decades. Then came Oct. 7.

Sid Klein has finally found his subject. More than half a century after he scrambled to pick a topic for his senior art project at Brooklyn College—and settled on exploring the porcelain curves of a toilet bowl in a 20-painting series—he’s discovered a purpose.

Klein, 78, took a five-decade hiatus from art between college graduation and retirement. He picked his brushes back up just a few months before the events of Oct. 7.

Upon hearing of the Hamas attacks, Klein processed the news with acrylics. Soon, he began looking back to the Holocaust. He felt compelled to render contemporary and historical victims of hatred on paper and ultimately take on the mantle of combatting antisemitism, not with words or weapons but with images.

“For the first time in my life, I’m so motivated in my art,” Klein told me over Zoom from his home in South Florida. “All of a sudden I went from, ‘I don’t know what I want to paint,’ to, ‘I’ve got to make a record of this so people can look at these paintings and see what does antisemitism naturally lead to.’”

Born and raised in Brooklyn, Klein noticed at a young age that he could depict objects in three dimensions. “I started drawing with Crayola crayons with paper that my mom would pick up [at] the local five and dime,” he said.

But his mother died when he was seven, leaving his father to raise three children on his own. Though they weren’t particularly religious, Klein said, he attended yeshiva. The extra-long school day helped his working single father make sure he was safe. Klein continued dabbling in art through elementary and high school.

The Holocaust was not part of his education, as far as he remembers, not at the yeshiva and not later in college, where he flitted from pre-law to economics to philosophy before settling on fine art. “I’d never been exposed to it,” he said. “I’d never seen the photographs. I consciously avoided the photographs.”

“I was living in this bubble so I could pretend that antisemitism did not exist,” he said.

He remained in that bubble through business school and a long career in marketing. During that time, “painting didn’t even cross my mind,” Klein said. “For 55 years, I focused on the business and totally ignored the art.”

It wasn’t until his career drew to a close that he thought he might try again. “I wanted to give it a try and see what was left,” he said. But he wanted to keep painting only if he had a worthy subject, which he found in the wake of the Hamas attacks.

“That murder affected me in a profound way,” said Klein, who has two sons and five grandchildren living in Israel. “I started painting in my mind what these 1,200 people would have looked like. And that was my return to art.”

The segue from the horrors of Oct. 7 to those of the Holocaust felt natural to Klein. “For me, all of those are one of the same. They’re all Jew hatred at different times in history,” he said. “The amount of evil in our world is just—I don’t know how to measure it.” There are endless tragedies, he said, “but I’m focusing on our people.”

Klein paints in a corner of the family room he’s designated as his studio. He regularly pores over hundreds of black-and-white photos taken in ghettos and camps, looking for his next subjects to call out to him.

In one photograph, he recalled, he saw lines upon lines of women and children, standing near cattle cars, waiting, exhausted. He distilled the scene to one row of imminent victims in “Innocents.” They’re “going to be taken to a gas chamber and they’re going to be dead in 20 minutes or a half hour, and they don’t know that,” he said. On the right, a boy tugs at his mother’s coat. The woman on the far left balances the small child in her arms alongside her pregnant belly. In the middle, another grasps a toddler’s hand. Their eyes implore the viewer to grapple with their fate.

Several of Klein’s Holocaust works were displayed earlier this year at the Gross-Rosen Museum in Rogoźnica in Poland, on the grounds of the concentration camp system of the same name, where an estimated 120,000 people were imprisoned and 40,000 died.

“As employees of a Memorial Site, we have constant access to disturbing historical photos and documents; these are undeniably important, but viewing the victims through the eyes of an artist is an entirely different, more intimate experience,” Bartosz Surman, who works for the museum’s education department, told me. Surman estimated that approximately 4,000 people saw Klein’s work there between January 27 and March 31. “For a Memorial Site located in a village of fewer than a thousand people, we consider it a significant success and a testament to the power of Mr. Klein’s work,” he said.

Four thousand miles away, “My Zaidy” hangs on the wall at the Dr. Bernard Heller Museum in downtown Manhattan as part of the exhibition “Proverbs, Adages, and Maxims.”

The man in the painting wears a star under his heart. The bright yellow patch and pearlescent and gold shimmer of his face contrast with the matte blue of his coat and hat. But turning the corner of the exhibition, it’s the eyes that catch you. “I left them blank, so you can put in his eyes, any eyes you want,” Klein said—his zaidy’s or yours or a stranger’s.

The eyes may be missing but the gaze is powerful, as though this old man, as he approaches his cruel end, is staring and saying, “Look at me. Do you see what’s happening? Why are you just standing there?”

“A lot of bubbes and zaides were exterminated,” Klein said, including his paternal grandfather. But the zaidy in the painting isn’t Klein’s, exactly, he said. He can’t recall ever seeing a photo of him. Instead, he painted another elderly man in a photo that struck him: This is what a zaidy selected for the gas chamber looks like. This is what Klein’s zaidy could have looked like.

“I decided I was going to do a painting, and fill that hole in my heart,” Klein said.

“There’s something very haunting about the hollowed, empty eyes,” museum director Jeanie Rosensaft told me over the phone. “We were very touched, because although [Klein] has not had a long resume of art production, we felt that the image that he provided was very compelling.”.

Klein is one of 58 artists in the exhibition, and his work will be included in a tour the museum is organizing following its New York run, which ends June 24. “We hope that he continues on this path,” Rosensaft said. “It’s really essential that art bear witness to the past and provide a bridge to the future.”

Seeing the pain

Klein’s next painting, he told me, was inspired by a photo of two small children, empty bowls in hand, begging for food.

“If I had more working space, I would make my paintings bigger,” said Klein, who says he hopes to one day create life-size portraits. “Right now you’ve got to get pretty close to see what the hell is going on,” he said. “I want size to be part of your experience seeing the pain.”

Spending his days sifting through Holocaust photos and painting its victims takes a toll. “When I paint, I become emotionally involved. But when it’s done, I listen to my music for a couple of hours, and that gives me the emotional strength to continue,” says Klein, who puts on Vivaldi, Mozart, or Brahms, for example. “After I do a painting, I need this music to settle my nerves.”

“Sometimes I say, ‘Klein, try something else!’” he said. But he can’t imagine abandoning his subject or newfound mission for any others. Which means he’ll need more of that music in the years to come, as might those viewing his paintings.

“A lot of my work is grotesque,” Klein said, and that’s intentional. “I want to shake you up.”

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How can I explain to my 93-year-old mother why it suddenly seems ok to hate Jews?

My mom — 93 years old, still sharp, a lifelong Democrat, a woman who has read The New York Times nearly every day for the last five decades — called me this week, in something approaching shock, to tell me she had read Nicholas Kristof’s latest op-ed.

“I can’t believe what they’re saying,” she said of the piece, whose claims — particularly one, questionably sourced, involving the alleged rape of a prisoner by a dog — drew accusations of serious journalistic malpractice. To me, this felt like more than flawed reporting. It bore the unmistakable contours of a modern blood libel.

“How can they print this?” my mom asked. “What’s happening in the world?”

Sometimes we encounter an unexpected threshold, and suddenly the familiar world appears altered. The Kristof column was such a threshold for my mother. Her parents were immigrants; her mother left a Romanian shtetl as a child, crossing the Atlantic with her younger brother when they were 12 and 9 years old. They came because Jews were fleeing rapes and murder. If you are an American Jew of Eastern European descent, there is a decent chance your family history contains some version of this story — that of people fleeing pogroms.

You may remember the most recent example of such an attack. It happened on Oct. 7, 2023 — the first pogrom carried out in the age of smartphones.

To say that things have felt strange and frightening for many Jews worldwide since that horror is like saying clouds produce rain or honey is sweet. Strangest of all is the speed with which, in many quarters, people sought to not just explain the atrocity, but actually justify it.

What has tormented me almost as much as the violence itself is the astonishing pace at which animus toward Jews, or toward “Zionists,” has become normalized in spaces where one might once have expected understanding. And yes, I know, people are weary of hearing Jews explain why hostility directed at the overwhelming majority of Jews who believe in Jewish self-determination often bleeds into hostility toward Jews themselves. I know all the caveats. I know all the disclaimers. I have read them too. Still, it increasingly appears that anti-Zionism in many quarters has become not merely tolerated, but a litmus test.

The range of what can be said aloud has changed. So have the categories of people toward whom contempt may be openly directed. Prejudice against Jews that can once again — as in an era many thought was gone forever — pass as a kind of moral sophistication.

Each week there is a new reason to think about all this. A Democratic congressional candidate in Texas named Maureen Galindo has crossed yet another Rubicon of human foible and weakness. Galindo reportedly proposed transforming a detention center into a prison for “American Zionists” and described it as a place where many Zionists would undergo “castration processing.”

I cannot say categorically that Galindo represents a new political era. She may not. Fringe figures have always existed. But that a candidate seeking office within one of America’s two major political parties — a candidate who advanced to a Democratic runoff after finishing first in a crowded primary field, with roughly 29% of the vote — used this grotesque language is notable.

Maybe she’ll lose badly. Maybe she’ll vanish from the political stage. That wouldn’t change the fact that her statements did not produce immediate and universal condemnation.

Every era contains extremists. But sometimes institutions cease to treat extremism as radioactive, and begin treating it first as eccentricity, then as another perspective deserving “consideration,” then activism, then orthodoxy.

Is that happening here? I’m wondering. So is my mother.

I have spent much of my life among artists, intellectuals, musicians, progressives — a cohort that once seemed animated by an instinctive suspicion toward ethnic hatred in all forms. Increasingly, Jews appear exempt from that instinct. “Galindo is just another crazy person,” I’ve heard people say. I see. Just another crazy person competing seriously in a Democratic primary after proposing internment camps for “American Zionists.”

This is not about Galindo alone. It is also about institutions. About The New York Times, whose reporting and opinion pages remain, for millions, a moral compass. My mother did not call me outraged after reading Kristof. She called bewildered. She called sad. This was the newspaper she’d followed through wars, assassinations, civil rights struggles, and presidents of every variety. Her confusion and grief now pains me more than I can say. When exactly, she seemed to be asking me, did this happen? When did support for Israel become, in some circles, evidence of moral defect? When did “Zionist” become a slur, not a description of a legitimate ideology?

When did suspicion toward Jews become newly accessible, provided it arrived draped in the language of liberation?

All of this feels both cosmic and deeply personal. I have yet to meet a Jew who does not feel some shift beneath their feet.

And to them I say: do not cower. Do not hide your Jewishness. Do not keep your love for Israel or for Jews a secret. Go and do something singularly Jewish. Reorient yourself toward whatever you understand God to be. And if God feels impossible, then orient yourself toward the continuity of the Jewish people.

May we go from strength to strength. Mom, if you are reading this, that goes especially for you.

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The bizarre antisemitic book that taught me to better understand Judaism

The pub bookshelf in Painswick, England, was stocked with books bound in handsome jewel tones. It seemed charming and innocuous, until I spotted a 1934 hardback with the alarmingly simple title of Twelve Jews.

Curious, I opened it.

“The quarrel between the Jews and the rest of civilisation has been kept alive by two forces: one, the peculiar character of the Jews, and the other, the antipathy of Christian or non-Jewish society,” the introduction read. “The one has induced the other.”

Um, what?

As disturbing as that claim was — it’s such a pity that Jews are too weird for Christian society to tolerate! — I found it even more troubling that the author, Hector Bolitho, who conceived of and edited the essay collection, had obviously written with a profound wish to defend Jews against prejudice. He hoped the book would help ameliorate the long quarrel he identified, especially in light of the already unfolding “enforced exodus of the Jews from Germany.”

Less than a page in, I felt a profound need to take a shower. (“Centuries of estrangement from normal society and opportunity have undermined the qualities in Jewish character, so that Jews neither think nor act within the comprehension of other people” — ick.)

There was something in this strange, unconsciously bigoted book that felt painfully contemporary. I hated it, and needed to understand it. Since I first encountered Twelve Jews on vacation a year ago, I’ve been perturbed by its particular combination of animus and sympathy. How could anyone think that this book — a book in which one writer, a financial journalist named Hartley Withers, questions “whether Jews are unpopular because of their money, or money is unpopular because of its Jews” — was the right way to make a case against the impending genocide of the Jews?

Bolitho, a prolific New Zealand-born author who has faded into obscurity, had a simple idea: Have 12 writers profile 12 eminent Jews — including Sigmund Freud, Marcel Proust and former Italian Prime Minister Luigi Luzzatti — with the hope that doing so might “calm people to realize the conquests as well as the sorrows of the race.” Bolitho wanted, in effect, to humanize Jews at a time when he saw them being dangerously dehumanized.

His tragedy, and ours, is that the best he could achieve was a more earnest form of dehumanization. Call it falling prey to the allure of explaining the Jew.

The fallacy that hatred against Jews is an equation that can be solved — in part by parsing the bigoted instincts of broader society, but mostly by seeking to explicate what Bolitho called “the peculiar character of the Jews” — is age-old. Abbé Grégoire, who during the French Revolution prominently argued for Jews to have legal equality, also “believed that Jews should convert, so that they might intermix with the rest of the population and thus lose their ‘degenerate’ moral and physical characteristics,” Lawrence Grossman wrote in the Forward in 2011. The word “antisemitic” was coined in reference to the 19th-century scholar Ernest Renand, who undertook serious research into ancient Israel and the Hebrew Bible, and also helped popularize the idea of fundamental divisions between “Aryans” and Jews that reflect poorly on the latter. We know how that aged.

This is a phenomenon that broadly falls under the definition of “philosemitism.” As Grossman wrote, “not all expressions of love for Jews are necessarily benign.”

Spending time with Bolitho’s particularly enraging entry in this canon — he refers to one German Jew whom he met in the course of his research as “a cruel, dishonest business man,” who “was nasty with Christian pretensions” — has helped me understand just why the urge to solve antisemitism through anthropology is so seemingly eternal. And it’s helped me to understand why it never, ever works.

It’s simple, really. To take on the task of explaining a people to whom you don’t belong is to ground your work in the belief that that group is not just different from the norm, but somehow unknowable. From that point, there can be no true understanding; only observation, as of animals in a zoo.

Take this sentence from an entry by J. Hampden Jackson — a writer of history who, like Bolitho, has largely been forgotten — on one former writer for the Forward: “Leon Trotsky remains a Jew all through, from the cast of his countenance to the cast of his mind.” Think what you will of Trotsky — and Jackson was clear that many Jews, of many different affiliations, despised him — the lack of recognition of a fellow human being inherent in that statement stings. Jackson is trying to explain, but the only way he can do so is by further stereotyping.

To experience this in real life is to feel profoundly lonely. At the start of the Israel-Hamas war, I was dating someone I had been close friends with for nearly a decade, who I thought I knew well. Then he began to treat me as an avatar for everything wrong with Israel; when the IDF did something particularly inhumane in Gaza, like kill aid workers with the World Central Kitchen, I was, in his eyes, personally responsible. I felt as if he no longer saw me as myself; he just saw me as a Jew.

Which might be part of why I reached for Twelve Jews, despite the obvious fact that it is poisonous. It made me feel clearly understood, but not by its authors.

Instead, I feel understood by the Jews they wrote about. We are a diverse people; we cannot be made sense of as a single body. But most of us have experienced some version of othering in our lives — someone thinking they can know us by analyzing us, rather than engaging with us.

To be reminded we’re not alone in that experience is to feel some relief from it. The rest of the world might be observing us, but at least, in this one way, we understand each other.

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