Podeh’s “The Politics of National Celebrations in the Arab Middle East”

And speaking of public religion, The Politics of National Celebrations in the Arab Middle East (CUP 2011) by Elie Podeh (Hebrew University of Jerusalem) looks like an excellent book for understanding how Middle Eastern governments use religion for various official civic and legal purposes, something which is certainly not unique to those regimes and which is a common feature of strong polities.  The publisher’s description follows.  — MOD

Why do countries celebrate defining religious moments or significant events in their history, and how and why do their leaders select certain events for commemoration and not others? This book is the first systematic study of the role of celebrations and public holidays in the Arab Middle East from the fall of the Ottoman Empire to the present. By tracing the history of the modern nation-state through successive generations, the book shows how Arab rulers have used public holidays as a means of establishing their legitimacy and, more broadly, a sense of national identity. Most recently, some states have attempted to nationalize religious festivals in the face of the Islamic revival. With its many illustrations and copious examples from across the region, the book offers an alternative perspective on the history and politics of the Middle East.

Corley on Kazakhstan’s Proposed Religious Restrictions

Felix Corley (Forum 18 News Serivce) posted Kazakhstan: New Proposed Legal Restrictions on Religion Reach Parliament. The abstract follows. – JKH

The proposed new Religion Law which reached Parliament yesterday (5 September), if adopted in its current form, would impose a complex four-tier registration system, ban unregistered religious activity, impose compulsory religious censorship and require all new places of worship to have specific authorisation from the capital and the local administration. A second proposed Law imposing changes in the area of religion in nine other Laws would also amend the controversial Administrative Code Article 375, widening the range of “violations of the Religion Law” it punishes. The texts – seen by Forum 18 News Service – have been approved by Kazakhstan’s Prime Minister Karim Masimov, but have not yet been published.

Mautner’s “Law & the Culture of Israel”

I want to flag Law & the Culture of Israel (OUP 2011), by Menachem Mautner (Faculty of Law, Tel Aviv University) as a very worthwhile looking contribution dealing with the question of how law, religion, and cultural have interacted and affected one another in Israel.  The publisher’s description follows.  — MOD

Menachem Mautner offers a compelling account of Israeli law as a site for the struggle over the shaping of Israeli culture. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. The struggle between secular and religious Jews has been part of the life of the Jewish people in the past 300 years. It resurged in the 1970s with the rise of religious fundamentalism and the decline of the political and cultural hegemony of the Labor movement. The secular group reacted by shifting much of its political action to the Supreme Court which since the establishment of the state has been the state organ most identified with entrenching liberal values in the country’s political culture. In a short span of time in the early 1980s the Court effected extensive changes in its jurisprudence, most strikingly adoption of sweeping judicial activism which is widely regarded as the most far-reaching in the world. The Court’s activism provided the secular group with the means for intervening in decisions of the state branches over which the group had lost control. With Arabs being a fifth of the country’s population, an additional divide in Israel is that between Jews and Arabs. Drawing on notions of multiculturalism, political liberalism and republicanism, the book offers fresh insights as to how to manage Israel’s divisive situation.

Mautner on Law and Culture

Menachem Mautner (Tel Aviv University) has posted an interesting survey of contemporary approaches to law and culture.  He summarizes the three schools of thought: (1) culture constitutes law, a view that goes back to Savigny and the German historical school; (2) law constitutes culture, a view associated with Clifford Geertz; and (3) law as a distinct cultural system.  To my mind, the best view is one that combines these approaches.  One could hardly deny that law influences social behavior – otherwise, why bother? – but it seems obvious that culture affects law as well.  As Herodotus observed long ago, nations have different histories, economies, religions, and ways of doing things.  Their laws differ, too.

How is all this relevant to law and religion?  Increasingly, law and religion scholarship is taking a comparative turn, exploring the ways different Read more