September 10, 2024

Professor Marshall Breger recently engaged in the discourse surrounding the nature of antisemitism in an op-ed for the Summer 2024 edition of Moment, titled "Is Antisemitism Eternal?" In his piece, he challenges the prevalent belief that antisemitism—often referred to as the oldest hatred—is inherently embedded in human nature. This “essentialist” perspective enjoys significant backing in both theological and political spheres. For instance, rabbinical interpretations of Genesis imply that Esau harbors a natural animosity towards Jacob, while Rabbi Joseph Soloveitchik posits that the foundational structure of Christianity is fundamentally antagonistic to Judaism. Similarly, there is a contemporary argument asserting that anti-Zionism is inherently antisemitic.

Breger argues that many individuals in the Global South have adopted (whether accurately or not) a settler-colonial framework when discussing the State of Israel. Consequently, their opposition to Zionism is rooted in a broader ideological stance against colonialism rather than an antipathy towards Jews.

Furthermore, Breger contends that framing antisemitism as an eternal facet of the human condition fosters a sense of fatalism, suggesting that little can be done to combat it. This mindset, he argues, undermines the development of effective strategies to address this pervasive issue.

These normative questions are crucial for understanding the ongoing congressional hearings on antisemitism in universities and the various state laws classifying antisemitic actions as hate crimes. Additionally, they bear relevance to the appropriate application of Title VI of the Civil Rights Act within academic settings.

Breger teaches courses in Administrative Law and the Legal Problems of the Middle East Peace Process at Catholic Law. This spring, he will offer a course on Free Speech in Universities. His most recent book, The Contest and Control of Holy Sites in Jerusalem, was published by Cambridge University Press last December.

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