Från främlingar till söner av fosterlandet – En rättshistorisk undersökning av argumentationen bakom den judiska emancipationen i Sverige

Sammanfattning

During the 18th and 19th centuries, the rights of Jews in Sweden were seve-rely restricted. Under the Jew Statute of 1782, Jews were permitted to settle in Sweden under certain conditions, while at the same time being subject to extensive restrictions. During the 19th century, the question of Jewish rights and Jewish emancipation was a heavily debated topic in the Swedish parliament. In 1838, Jews were granted expanded rights through the June Decree, which was met with strong reactions and a desire within the parli-ament to return to the Jew Statute of 1782. In 1870, Jews were granted what was regarded as full civil rights through the ability to hold nearly all public offices. The purpose of this thesis is to examine the development of the legal status of Jews in Sweden between 1782 and 1870, and particularly the motives behind the 1870 amendment to Article 28 of the Instrument of Government. Particular focus is also placed on the 1840 debate about a reinstatement of the Jew Statute of 1782 and an immigration ban for Jews, to compare the debates and analyze the development over these 30 years. To answer the research questions, the legal-historical method has been ap-plied. Through the analysis of historical legal sources in the form of legis-lation, parliamentary debates and other parliamentary documents, the method enables an understanding of the legal and political factors that in-fluenced the legal development over time. The thesis also uses critical di-scourse analysis to examine the language and argumentation used in the debates. The thesis shows that the difference between the debates of 1840 and 1870 was significant. The 1840 debate was largely characterized by various forms of antisemitism, suspicion and perceptions of Jews as a foreign and harmful people. Jews were repeatedly portrayed as economically harmful, disloyal and incapable of integrating into the Swedish nation. Religion and the state were regarded as closely linked and Jews were viewed as a pot-ential threat to the religious order of the country. At the same time, there were liberal speakers who advocated for tolerance, justice and love for hu-manity. The debate of 1870 was dominated by liberal and Enlightenment ideas of tolerance, freedom of religion, justice and equality before the law. Many speakers regarded Jews as Swedish, rather than as foreigners. Christianity was often used as an argument for the rights of people of different faiths through references to Christian love and the idea that faith should come from inner conviction. Among opponents of the reform, views from 30 ye-ars earlier persisted, but in less extreme forms, and Jews were mainly considered unsuitable as teachers and judges because of their faith.