Symposium: Sharia in America at New York Law School

On August 25-26, New York Law School will host a symposium, Sharia in America: Principles and Prospects.  Looks very interesting and worth checking out.  A summary of the symposium is below.  — MOD

This symposium will discuss the place of Islamic law in the United States today and in the future, in a variety of legal fields including family, financial, criminal, and constitutional law.

The symposium—featuring commentary by and an opportunity to pose questions to leading experts in Islamic, American, and Jewish law—will address the realities, possibilities, and problems of Islamic law in American courts and American life in light of much attention, misinformation, and hyperbole in the media. Speakers will address how recent Sharia bans at the state level inflame negative views of Muslim Americans and pose risks to the equal protection of Muslims as well as to U.S. national security. They will also discuss where Islamic law exists (or does not exist) in American courts in comparison to Jewish law, and what that means for legal practitioners.

The conference is aimed at disseminating accurate information to and fostering informed discussion among policy makers, the media, legal practitioners, and academics with the help of American scholars who are recognized as leaders in the fields of Islamic as well as Jewish law.

Proposed Circumcision Ban Taken Off Ballot

On July 28, Judge Loretta Giorgi of the California Superior Court for the County of San Francisco ordered that the proposed measure to ban circumcision be removed from the November 8th ballot.   The new law would have made it a misdemeanor, punishable by fine or jail, for any person to perform a circumcision on a male under the age of 18.  The ban provided no religious exception.

Putting aside the possible parental rights issue, for the many citizens whose religious practices require male circumcision, this ban was extremely threatening. For example, one of the most universally practiced rituals amongst the Jewish people is that of “brit milah,” or “the covenant of circumcision.” The Read more

Van der Burg on Neutrality

Wibren Van der Burg (Erasmus University Rotterdam) has posted a short piece, “Inclusive Neutrality in the Classroom.”  It will not come as a surprise that theories of neutrality as applied to religious liberty issues are popular today, both for academics and courts.  Van der Burg has an interesting discussion of “exclusive” as compared with “inclusive” neutrality, the latter of which breaks down into “proportional” and “compensatory” subdivisions.  His is also a seemingly highly conextual approach to neutrality.  The abstract is below.  — MOD

Both in law and in political philosophy, the idea of a neutral state is an important principle. It is rarely noticed, however, that there are important differences in how the principle is interpreted in each of the two disciplines. I argue that legal doctrines on neutrality can be clarified and improved with the help of philosophical insights (and vice versa). I make three interrelated points, first about the domain of application of neutrality, second about the various versions of neutrality and finally about the implications for public education. First, state neutrality should be broadly interpreted to refer not only to religion and belief, but to views of the good life, which also includes culture- and identity-connected lifestyles. Second, there are two basic versions of state neutrality: inclusive and exclusive. Inclusive neutrality can be subdivided into proportional and compensatory neutrality. Third, there are good reasons why, in general, public education should be inclusive. Public education should only be based on exclusive neutrality for issues where inclusive neutrality is not possible, for example with regard to religious symbols in the classroom. The Dutch ideal of active pluralism for public education should be interpreted broadly, including religion, belief, cultural diversity and diversity with regard to sexual orientation. It is a public duty as well as a right of children to be educated in light of this broad interpretation of neutrality; the ideal of active pluralism should be guiding in education about different religions, cultures and life styles in a neutral way. This ideal also holds for publicly funded private schools.

Atheist Summer Camps

It’s summertime, and even here in secular New York City churches are advertising Vacation Bible Schools.  Around the country, of course, religiously-affiliated summer camps are a familiar sign of the season; one Christian camp association  alone has nearly 900 members.

Until fairly recently, though, atheist and agnostic parents did not have a summer camp for  their kids.  No more.  The Washington Post reports on the phenomenon of the atheist summer camp, such as “Camp Quest,” a chain founded in 1996.  The idea is to allow non-religious kids to mingle and have fun while avoiding religious influence.  One very popular activity is the “Socrates Café,” where campers debate big questions like “What is Knowledge?”  (Maybe Socrates was an atheist, after all).

Although Camp Quest has branches in Europe, the idea of a chain of atheist summer camps seems somehow uniquely American.  In America, as many have pointed out, there is a free market in religion, with products for consumers of every conceivable stripe.  Some of these consumers are the “Nones” – people who report no religious affiliation at all.  In fact, “Nones” are now the third largest “religious” group in America, after Evangelicals and Catholics. A market niche just waiting to be served.  – MLM

Evans and Mankowska on the Resurgence of Russian Orthodoxy

Geoffrey Evans and Ksenia Mankowska have posted an interesting empirical paper on the resurgence of Russian Orthodox Christianity.  I was not aware of this phenomenon, and wonder whether there are Orthodox “revivals” in other parts of the world.  The authors are skeptical that the resurgence in Russia evidences any deep shift in religiosity — as they put it, they believe it to be more “nominal” than “genuine.”  The piece is interesting for, inter alia, its discussion of communism’s effect on the “secularization thesis” of early 20th century intellectuals.  The abstract is below.  — MOD

With increasing numbers of people identifying themselves as Russian Orthodox, post-Soviet Russia appears to be an exception to secularization trends in Europe. But is this resurgence of Orthodox self-identification a genuine surge in religiosity and are divisions over religious issues gaining strength and political relevance as a result? A longitudinal examination of seven waves of national stratified random surveys covering the period from 1993 to 2007, indicates that there has been a resurgence of Orthodox self-identification, an increase in church attendance and a shift toward conservative morality that seeks to restrict various aspects of freedom of choice. We show however that most growth in church attendance is among sporadic churchgoers, and the modest observed increase in conservative values appears to have little basis in increased religiosity, which has little impact on presidential or party support. The resurgence of Orthodoxy in Russia represents a “lukewarm religiosity”, following the lifting restrictions on espousing religious affiliations under communism, rather than a dramatic strengthening of religious involvement with pronounced implications for social and political divisions.

“Secularism and Its Discontents”

That’s the by-line to this New Yorker piece by James Wood, discussing the book, The Joy of Secularism: 11 Essays For How We Live Now edited by George Levine (the checkerboard cover evokes for me “The Joy of Cooking”).  The book contains essays by people who in various ways address issues of enchantment and disenchantment (see also Steve Smith’s excellent book) in the modern age, including pieces by Philip Kitcher and Charles Taylor.  The piece by Wood is an interesting read, with much to agree and disagree with.  — MOD (x-posted MOJ)

Toft, Philpott & Shah on God’s Century

Take a look at the recently published God’s Century: Resurgent Religion and Global Politics (2011), by Monica Duffy Toft (Harvard), Daniel Philpott (Notre Dame) and Timothy  Samuel Shah (Georgetown). The authors are political scientists, but the book’s discussion of religion’s influence on global politics will be important for law and religion scholars, particularly those whose work is comparative.

book cover“Over the past four decades,” the authors write, “religion’s influence on politics has reversed its decline and become more powerful on every continent and across every major world religion.”  They attribute religion’s growing sway not so much on a rise in piety, but to the fact that religion today enjoys more independence from political control than ever before.  This independence has allowed religious leaders to act on behalf of liberal public goods like democracy and conciliation.

Of course, some religions support liberal democracy more than others.  For example, the authors write, “religious leaders from the Catholic Read more

Horwitz on “The Response”…and a thought

My friend, Paul Horwitz (Alabama), has an op-ed in today’s New York Times on “The Response,” an all-day prayer event in Texas promoted by Governor Rick Perry ostensibly to address various current social and political crises.  Paul notes that the suit filed by the Freedom From Religion Foundation seeking to enjoin Governor Perry from promoting the event was dismissed, and (at least in the op-ed) he agrees with the dismissal.  The suit was dismissed for lack of standing.  But Paul is more uncertain-sounding on the merits here.

On that front, I thought I’d raise one little thought stimulated by Paul’s excellent piece: I believe that our present Establishment Clause jurisprudence stifles (suffocates?) the kind of social engagement that Paul advocates.

Read more

Two Books on Secularism

Studies of secularism and “post-secularism” are popular these days in law and religion.  Here are two new books dealing in very different ways with these subjects.

First, Secularism and Freedom of Conscience (HUP), by Joselyn Maclure and Charles Taylor, dealing with the complex case of Quebec and making an argument for a particular understanding of secularism.

 

 

Second, Secularization: In Defense of an Unfashionable Theory (OUP), by the sociologist Steve Bruce (Aberdeen).  From what appears, this is an attempt to resuscitate the world secularization thesis of the late 19th and early 20th century, using various quantitative and qualitative methods.  — MOD

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