Civil Courts and Jewish Divorce

Abstract

Jewish divorces that became causes célèbres in eighteenth-century France provide a new perspective on the link between the acceptance of divorce and the reform of Jewish status. These cases bridged the space between the private sphere and the public sphere, highlighting the untenable nature of the Jews’ juridical status before the revolution. These cases were also a neutral platform for the debate over divorce while undermining the state’s apparent right to impose a uniform religious doctrine on its citizens. Despite legal and political nuances, the gradual evolution in social attitudes reflected by these causes célèbres helped to create the context for the revolutionary emancipation decrees. The ensuing erosion of the traditional structure of the church's authority created a space in the social fabric for the acceptance of religious minorities, while the erosion of Jewish autonomy provided new routes for integration.