Chapter Five - Dividing Lines

Summary

This chapter is the first of two that examine the legal encounter with Jewishness in public space by focussing on the Orthodox practice of the eruv. The eruv is a distinctly Orthodox practice and fault lines here do not run simply between Jews and non-Jews but also between different Jews. In the modern secular legal arena, questions of non-establishment and the boundaries of religious freedom serve as the dominant legal frames, turning the eruv into a matter of excessive religiosity to be contained by law. Yet underneath the lofty language of constitutional separation often lurk concerns about national and local identity as well as sovereignty and ownership. Moreover, while circumcision has often galvanised Jews of different denominations, the eruv exposes internal Jewish rifts about Jewish identity and difference in contemporary societies. Indeed, some Jews themselves have not shied away from mobilising the authority of secular law to enforce their vision of what they consider the acceptable boundaries of Jewishness today.