"General freedom is not yet legal in France, the Jewish question is not yet solved, because legal freedom--that all citizens are equal--is limited in practice, which is still dominated by religious privileges, and this unfreedom in practice reacts on the law, compelling the latter to sanction the division of nominally free citizens into oppressed and oppressor," p. 65.
When, therefore, would the Jewish problem be solved for France?
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"The Jew, for instance, must cease to be a Jew if he will not allow himself to be hindered by his law from fulfilling his duties towards the State and his fellow-citizens, going, for example, to the Chamber of Deputies on the Sabbath and taking part in the public sit-tings. Every religious privilege, and consequently the monopoly of a privileged Church, must be surrendered, and if few or many or even the great majority believe they ought still to perform religious duties, this performance must be left to themselves as a private matter," p. 65. "When there is no longer a privileged [47]religion, there will no longer be a religion. Take from religion its excommu-nicating power, and it exists no longer," p. 66.
On the one hand, Bauer states that the Jew must abandon Judaism, and that man must abandon religion, in order to be emancipated as a citizen. On the other hand, he feels he is logical in interpreting the political abolition of religion to mean the abolition of religion altogether. The State, which presupposes religion, is as yet no true, no real State. "At any rate the religious idea gives the State guarantees. But what State? What kind of State?" p. 97.
At this point we are brought up against the one-sided conception of the Jewish question.
It was by no means sufficient to inquire: Who shall emancipate? Who shall be emancipated? Criticism had a third task to perform.
It had to ask: what kind of emancipation are we concerned with? Upon what conditions is the desired emancipation based? The criticism of political emancipation itself was only the eventual criticism of the Jewish question and its true solution, in the "general question of the time."
[48]Because Bauer does not raise the question to this level he falls into contradictions. He posits conditions which are not involved in the nature of political emancipation itself. He suggests questions which his problem does not imply, and he solves problems which leave his questions unsettled. Whereas Bauer says of the opponents of Jewish emancipation: "Their mistake was that they assumed the Christian State to be the only real State, and did not subject it to the same criticism that they applied to Judaism," we find Bauer's mistake to consist in the fact that it is only the Christian State, and not the "general State," that he subjects to criticism, that he does not investigate the relation of political emancipation to human emancipation, and consequently lays down conditions which are only explicable from an uncritical confusion of political emancipation with general human emancipation.
When Bauer asks Jews: Have you the right from your standpoint to crave political emancipation? we would inquire on the contrary: Has the standpoint of political emancipation the right to demand of Jews the abolition of Judaism, or from men generally the abolition of religion?
[49]The complexion of the Jewish question changes according to the State in which Jews find themselves. In Germany, where no political State, no State as State exists, the Jewish question is a purely theological question. The Jew finds himself in religious antagonism to the State, which acknowledges Christianity as its basis. This State is theologian ex professo. Here criticism is criticism of theology, is two-edged criticism, criticism of Christian and criticism of Jewish theology. But however critical we may be, we cannot get out of the theological circle.
In France, in the constitutional State, the Jewish question is the question of constitutionalism, of the incompleteness of political emancipation. As the semblance of a State religion is there preserved, although in a meaningless and self-contradictory formula, in the formula of a religion of the majority, the relationship of Jews to the State retains the semblance of a religious and theological antagonism.
It is only in the North American Free States--at least in part of them--that the Jewish question loses its theological significance
and becomes a really secular question. [50]Only where the political State exists in its completeness can the relation of the Jew, of the religious man generally, to the political State, and therefore the relation of religion to the State, be studied in its special features and its purity. The criticism of this relationship ceases to be theological criticism when the State ceases to adopt a theological attitude towards religion, when its attitude towards religion becomes purely political. The criticism then becomes criticism of the political State. At this point, where the question ceases to be theological, Bauer's criticism ceases to be critical. In the United States there is neither a State religion nor a religion declared to be that of the majority, nor the predominance of one cult over another. The State
is alien to all cults. (Marie ou l'esclavage aux Etats-Unis, etc., by G. Beaumont, Paris 1835, p. 214.) There are even North American
States where "the constitution does not impose religious beliefs or the practice of a cult as a condition of political privileges" (l.
c. p. 225). Yet "nobody in the United States believes that a man without religion might be an honest man" (l. c. p. 224). Yet North America is pre-eminently the country of [51]religiosity, as Beaumont, Tocqueville and the Englishman Hamilton assure us with one voice. Meanwhile, the North American States only serve us as an example. The question is: What is the attitude of completed political emancipation towards religion? If even in the country of completed political emancipation we find religion not only existing, but in a fresh and vital state, it proves that the existence of religion does not contradict the completeness of the State. But as the existence of religion indicates the presence of a defect, the source of this defect may only be looked for in the nature of the State. We are
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no longer concerned with religion as the basis, but only as the phenomenon of secular shortcomings. Consequently we explain the religious handicap of the free citizens from their secular handicap. We do not assert that they must remove their religious handicap as soon as they cast off their secular fetters. We do not transform secular questions into theological questions. We transform theological questions into secular questions.
After history has for so long been dissolved in superstition, we dissolve the superstition in history. The question of the relation of [52]political emancipation becomes for us the question of the relation of political emancipation to human emancipation. We criticize the religious weakness of the political State by criticizing the political State in its secular construction, apart from the religious weaknesses. We transmute the contradiction of the State with a specific religion, like Judaism, into the contradiction of the State with specific secular elements, and the contradiction of the State with religion generally into the contradiction of the State with its general assumptions.
The political emancipation of the Jew, of the Christian, of the religious man in general, means the emancipation of the State from Judaism, from Christianity, from religion generally. In its form as State, in the manner peculiar to its nature, the State emancipates itself from religion by emancipating itself from the State religion, that is, by the State as State acknowledging no religion.
Political emancipation from religion is not a thorough-going and consistent emancipation from religion, because political emancipation is not effectual and consistent human emancipation.
[53]The limit of political emancipation is immediately seen to consist in the fact that the State can cast off a fetter without men really becoming free from it, that the State can become a free State without men becoming free men. Bauer tacitly assents to this in laying down the following condition for political emancipation. "Every religious privilege, and therefore the monopoly of a privileged Church must be surrendered, and if few or many or even the great majority believe they ought still to perform religious duties, this performance must be left to themselves as a private matter." The