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community leaders (rabbis, parnasim, etc.), as well as Italian
Jewry in general during the 19th century.
The first emancipation in Italy was of short duration, being
repealed with the return of the “ancient order.” The rhythm
of repeal varied in the different Italian states. The renewed animation
of the Italian liberation movement in the 1840s helped
to bring about a considerable shift in public opinion in favor
of the Jews. During the Revolution of 1848, the equality of
the Jews was proclaimed in almost all the states of Italy: the
duchy of Tuscany in its founding constitution of Feb. 17, 1848;
Sardinia (which granted Jews civic rights on Mar. 29, 1848) on
July 8, 1848; and Rome at the beginning of 1849. The general
reaction which followed the year of the Revolution especially
affected the Jews of the Papal States, where the period of reaction
was also of longer duration. Only with the unification of
Italy in 1870 did emancipation also come to the Jews of Rome
when all restrictions connected with religion were abolished
by the decree of Oct. 13, 1870, and by the parliamentary decision
of Dec. 15, 1870. Liberation of parts of Italy during the
process of unification also accomplished Jewish emancipation:
in Modena, June 14, 1859; Lombardy, July 4, 1859; Romagna,
Aug. 10, 1859; Umbria, Feb. 27, 1860; Sicily, Feb. 12, 1861; Naples,
Feb. 16, 1861; and Venice, Aug. 4, 1866. Jewish emancipation
in Italy was an expression of both social reality and public
opinion, until the conclusion of the alliance between Benito
*Mussolini and Adolf *Hitler.
GERMANY. Jewish emancipation in Germany prior to unification
was related, as in Italy, to aspirations for the reform of
the state along liberal and democratic lines, and to the desire
for unifying the nation, as well as to the revolutionary movement.
But after 1848 Germany was controlled by conservative,
“historic,” elements, which shaped the form of German unity
and the nature of its political life. The process of emancipation
in Germany was, therefore, a prolonged and bitter struggle,
complicated by *assimilation on the one hand, and the power
of the German “tradition of hatred” of Jews on the other (see
G.E. Lessing; Ch. W. von Dohm). The struggle was to last from
the 1780s until the passing of the law on Jewish equality in the
North German Confederation on July 3, 1869, and its extension,
with the ratification of the Constitution, to the whole of
the German Empire on April 14, 1871. Emancipation in Germany
also came first to those regions conquered by the French
(see *Westphalia; *Frankfurt on the Main; *Hamburg). In the
German states which retained their independence, “improvements
and concessions” in the situation of the Jews were introduced
(e.g., the abolition of the body tax, etc.).
The most important initial law in the emancipation of
German Jews during the French revolutionary period was
the edict issued in *Prussia on March 11, 1812, with its various
modifications and limitations. It recognized all Jews already
resident in Prussia by virtue of privileges and “special concessions”
as citizens of Prussia, and abrogated all limitations
on their rights of residence and commerce, all special taxes,
and in general, all special laws relating to the Jews. It imposed
emancipation
on Jews all civic duties, including army service, and entitled
them to serve in municipal and academic offices. However it
did not give them the right of appointment in the civil service
and army, and did not regulate communal affairs and Jewish
religious education. After liberation of the “free cities” in Germany
from French domination, stringent measures were taken
to return the “ancient order,” i.e., they endeavored to deprive
the Jews of their civic rights (Frankfurt; Hamburg) and even
of their right of residence (*Bremen; *Luebeck). The Jews appealed
to the Congress of Vienna for assistance, thus making
Jewish emancipation in Germany an international question.
A result of the German-Jewish conflict was the wording of article
16 of the credentials of the German Confederation (June
10, 1815), which stated that only rights granted Jews “by the
states” will be continued and not rights granted “in the states,”
thus eviscerating, through the change of one word, the rights
granted under French dominion. The states did indeed use this
opportunity to restrict the freedom of the Jews (see Bremen,
Luebeck, Hamburg, Frankfurt, *Mecklenburg). Only during
the 1830s was the movement for Jewish emancipation revived,
a movement in which the literary and political activities of Gabriel
Riesser played a central role. He succeeded in founding
societies for the obtention of equality which influenced the
governments and public opinion. Riesser considered himself a
German nationalist, but he gave a distinctly Jewish communal
character to the Jewish fight for their rights in Germany. The
most prominent and talented members of the Jewish community
aided Riesser in the battle, as did all of the Jewish communities
in the German states. By the 1840s the results of this
campaign were evident in public opinion in Prussia, expressed
by the demands of the provincial assemblies (Landtage), and
in the “law on the reform of the Jews” (July 23, 1847). The law
resulted in a certain improvement in the organization of the
Jewish communities, especially in southern Germany.
The Revolution of 1848 caused all the German states to
proclaim emancipation. “The fundamental rights of the German
people” (published on Dec. 27, 1848), which were to serve
as the norm for every constitution of the German states, declared
that “civil and political rights are not conditioned by
religion or restricted as a result of it” and that “religion must
not diminish civic obligations.” This article was included, in
one form or another, in the basic constitutions of most German
states (Prussia, April 6, 1848, Dec. 5, 1848; Wuerttemberg,
Dec. 21, 1848, Jan. 14, 1849; *Baden, Nov. 17, 1849) and was
even preserved in the “constitutions” of the early reactionary
period. Article 12 of the Prussian Constitution (Jan. 31, 1850)
declared “freedom of religion and the freedom of organization
of religious societies,” and, further, that “the use of civic
and political rights is not dependent on religion,” nor does
the “use of religious freedom impair civic and political obligations.”
This article appeared to be a firm guarantee for the
emancipation of Jews.
Serious attempts were made during the 1850s to challenge
the emancipation as a matter of principle and to abolish
it in fact. Friedrich Julius *Stahl stressed the Christian char-
ENCYCLOPAEDIA JUDAICA, Second Edition, Volume 6 379