NATION, GOVERNMENT, AND ‘ANTI-SEMITISM’ IN EARLY NINETEENTH-CENTURY AUSTRIA

Abstract

In 1808, an Estate of the lesser nobility of the Lower Austrian diet approved a statute barring from membership persons of Jewish descent in the ‘third degree’ regardless of confession. It is the only documented instance in Europe for the revolutionary era of such a paragraph that, in its rejection of Jewish ancestry in both the paternal and maternal lines, resembled the early modern Spanish statutes of ‘blood purity’ and the twentieth-century Nuremberg laws. The Josephian patent of toleration of 1782 had not allowed Jews to become members of the corporate nobility (the first Jew was only ennobled in 1789), but had relieved some of the worst aspects of discrimination. By the early nineteenth century, the archduchy of Lower Austria (including the imperial capital at Vienna) contained the largest, wealthiest, and most self-confident Jewish community in the Hapsburg Monarchy. The statute of 1808 was a reaction to Jewish acculturation to the upper class (including conversion, intermarriage, concessions of property-rights, the existence of salons in which Jews and new Christians mixed with the nobility) that presented a perceived threat to the status of its marginal members (lesser landed nobles, ennobled officialdom, and ennobled professionals). The statute was also a product of the politically and nationally charged atmosphere in Vienna between the Austrian defeat by Napoleon at Austerlitz (1805) and the renewed war against France (1809). No simple ideological continuum connects the Lower Austrian paragraph to either the early modern Spanish or the late modern Nazi ordinances. But it was the first such statute to take shape in a political context fraught with recognizably late modern concepts of ‘nation’. The statute of 1808 furthermore evidences the continuing fractured nature of public authority and lack of thorough-going state-formation in Austria.