Religion in the Mirror of Law

Eastern European Perspectives from the Early Modern Period to 1939

Edited by Yvonne Kleinmann, Stephan Stach and Tracie L. Wilson

Studien zur europäischen Rechtsgeschichte 280
Frankfurt am Main: Klostermann 2016. XXVII, 350 p.

ISSN 1610-6040
ISBN 978-3-465-04181-8

The topic of this book is a reflection of religious affiliation in legal thought in the political constitutions and the legal reality of Eastern Europe. How did parliamentary representatives, religious communities, scholars and literary figures envision an ethnic-religiously mixed society? What consequences did a change in leadership have on peoples’ lives and the institutions of the various religious communities? On what level did religious laws, critical reason and state law compete with one another? How was the ethnic-religious co-existence theoretically conceived and practiced at the local level?

The contributions contained in this collection of essays, which is based upon the findings of an international conference that was held in Lviv, investigates these questions from the perspectives of history, anthropology, law and literary studies.



Acknowledgements | VII

Note on Transliteration | VIII

Yvonne Kleinmann, Stephan Stach, and Tracie L. Wilson
Reflections on the Meanings of Religious Belonging in Eastern European Legal Culture: An Introduction | IX


Imagining Law – Imagining Society

Jürgen Heyde
Polemics and Participation: Anti-Jewish Legislation in the Polish Diet in the 16th Century and its Political Context | 3

Anna Juraschek
Shylock as a Symbol of the Disenfranchised Jew – A Comparative Study of Karl Emil Franzos’ and Rudolf von Jhering’s Legal Thinking | 21

Jana Osterkamp
»Imagined Law« and »Imagined Communities«: Confessional Collectives and their Ideas for a Federal Habsburg Partition of Galicia | 41

Tracie L. Wilson
Emergent Law: Women’s Charity and Anti-Trafficking Associations as Sites for Enacting Social Reform | 61


Shifts in Political Rule and the Reorganization of Law

Angela Rustemeyer
Blasphemy’s Long Shadow:
Confessional, Legal, and Institutional Conflict in the Tsarist Partition of Poland under Catherine II | 89

Oksana Leskiv
Trust and Conflict: Relations between Ruthenian Priests and Peasants in 19th-Century Galicia | 109

Hanna Kozińska-Witt
Austrian Law, Krakovian Habitus, and Jewish Community:
The Construction of New Local Hierarchies in Habsburg Galicia | 127

Stephan Stach
The Institute for Nationality Research (1921–1939) – A Think Tank for Minority Politics in Poland? | 149


Competing Laws – Competing Loyalties

Dror Segev
Enlightenment versus Religious Law: Debating Jewish Burial in the Hebrew Press of Late Imperial Russia | 183

Vladimir Levin
Civil Law and Jewish Halakhah: Problems of Coexistence in the Late Russian Empire | 213

Liliana Hentosh
Competing Loyalties in Galicia: The Challenges Facing Metropolitan Andrei Sheptytskyi after the Disintegration of the Habsburg Empire | 241


Ethno-Religious Coexistence in Legal Norm and Practice

Anat Vaturi
Voivodes and their Office as Agents of the Law in Christian-Jewish Coexistence: The Example of Early Modern Krakow | 263

Yvonne Kleinmann
How to Safeguard a Town Constitution in Early Modern Poland:
A Case Study on the Legal Status of Christians and Jews | 283

Maria Cieśla
The Other Townsfolk: The Legal Status and Social Positions of the Jews in Cities of the Grand Duchy of Lithuania in the 17th and 18th Centuries | 307

Eugene M. Avrutin
Economic Entanglements and Neighborly Disputes in the Northwest Provinces of the Russian Empire | 329

Notes on Contributors | 347

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