Posted on by JCPW

Klabbers & Piiparinen (eds.), “Normative Pluralism and International Law”

KlabbersThis April, Cambridge University Press will publish Normative Pluralism and International Law: Exploring Global Governance edited by Jan Klabbers (Helsinki University) and Touko Piiparinen (Finnish Institute of International Affairs). The publisher’s description follows.

This book addresses conflicts involving different normative orders: What happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when, and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.

Posted on by JCPW

Keown & George (eds.), “Reason, Morality, and Law: The Philosophy of John Finnis”

FinnisThis May, Oxford University Press will publish Reason, Morality, and Law: The Philosophy of John Finnis edited by John Keown (Georgetown University) and Robert P. George (Princeton University). The publisher’s description follows.

John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith. The core of Finnis’ theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and moral and political philosophy, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, euthanasia, sexual morality, and religious freedom have powerfully demonstrated the practical implications of his natural law theory.

 This volume, which gathers eminent moral, legal, and political philosophers, and theologians to engage with John Finnis’ work, offers the first sustained, critical study of Finnis’ contribution across the range of disciplines in which rational and morally upright choosing is a central concern. It includes a substantial response from Finnis himself, in which he comments on each of their 27 essays and defends and develops his ideas and arguments.

Posted on by Mark Movsesian

Sowerby, “Making Toleration”

The Glorious Revolution is one of the most important events in the political and religious history of the English-speaking world, providing the context for liberal Lockean ideas of government that influenced the American Constitution a century later. I’ve always had the impression that the Revolution was essentially a Protestant rebellion against the last of the Stuart Monarchs, James II, who seemed poised to restore Catholicism in England.  A new book by Northwestern historian Scott Sowerby, Making Toleration: The Repealers and the Glorious Revolution (HUP 2013) , apparently revises the traditional understanding of the Revolution, characterizing the event as an essentially conservative reaction to James II’s liberalism. The publisher’s description follows:

In the reign of James II, minority groups from across the religious spectrum, led by the Quaker William Penn, rallied together under the Catholic King James in an effort to bring religious toleration to England. Known as repealers, these reformers aimed to convince Parliament to repeal laws that penalized worshippers who failed to conform to the doctrines of the Church of England. Although the movement was destroyed by the Glorious Revolution, it profoundly influenced the post-revolutionary settlement, helping to develop the ideals of tolerance that would define the European Enlightenment.

Based on a rich array of newly discovered archival sources, Scott Sowerby’s groundbreaking history rescues the repealers from undeserved obscurity, telling the forgotten story of men and women who stood up for their beliefs at a formative moment in British history. By restoring the repealer movement to its rightful prominence, Making Toleration also overturns traditional interpretations of King James II’s reign and the origins of the Glorious Revolution. Though often depicted as a despot who sought to impose his own Catholic faith on a Protestant people, James is revealed as a man ahead of his time, a king who pressed for religious toleration at the expense of his throne. The Glorious Revolution, Sowerby finds, was not primarily a crisis provoked by political repression. It was, in fact, a conservative counter-revolution against the movement for enlightened reform that James himself encouraged and sustained.

Posted on by Mark Movsesian

Mayer, “The Roman Inquisition”

In January, the University of Pennsylvania Press published The Roman Inquisition: A Papal Bureaucracy and Its Laws in the Age of Galileo, by Augustana College history professor Thomas F. Mayer. The publisher’s description follows:

While the Spanish Inquisition has laid the greatest claim to both scholarly attention and the popular imagination, the Roman Inquisition, established in 1542 and a key instrument of papal authority, was more powerful, important, and long-lived. Founded by Paul III and originally aimed to eradicate Protestant heresy, it followed medieval antecedents but went beyond them by becoming a highly articulated centralized organ directly dependent on the pope. By the late sixteenth century the Roman Inquisition had developed its own distinctive procedures, legal process, and personnel, the congregation of cardinals and a professional staff. Its legal process grew out of the technique of inquisitio formulated by Innocent III in the early thirteenth century, it became the most precocious papal bureaucracy on the road to the first “absolutist” state.

As Thomas F. Mayer demonstrates, the Inquisition underwent constant modification as it expanded. The new institution modeled its case management and other procedures on those of another medieval ancestor, the Roman supreme court, the Rota. With unparalleled attention to archival sources and detail, Mayer portrays a highly articulated corporate bureaucracy with the pope at its head. He profiles the Cardinal Inquisitors, including those who would play a major role in Galileo’s trials, and details their social and geographical origins, their education, economic status, earlier careers in the Church, and networks of patronage. At the point this study ends, circa 1640, Pope Urban VIII had made the Roman Inquisition his personal instrument and dominated it to a degree none of his predecessors had approached.

Posted on by Mark Movsesian

Lecture on Religion & the Environment at Utah Law (April 11)

The S.I. Quinney College of Law at the University of Utah will host a lecture, “The Emerging Alliance of Religion and Ecology,” on April 11. The speaker will be Mary Evelyn Tucker of the Yale School of Forestry and Environmental Studies. Details are here.

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Glickstein on the Ministerial Exception

Jed Glickstein (Yale Law School) has posted Should the Ministerial Exception Apply to Functions, Not Persons? The abstract follows.

In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the Supreme Court confirmed what the lower courts had been saying for some time: the First Amendment prohibits the application of the employment discrimination laws to the relationship between a church and its ministers. Despite Hosanna-Tabor’s significance, however, the so- called ministerial exception remains in flux. For one thing, it is still unclear who will be deemed a “minister” for purposes of the doctrine. The answer to that foundational question may be more complicated than it appears. Thus far, courts and commentators have assumed that ministerial status is binary; a given employee either is a minister (in which case the First Amendment completely bars her suit) or she is not (in which case her suit proceeds like any other). That way of thinking may make sense for the easy cases, but it fits uneasily with the wide range of positions that have been labeled ministerial by the lower courts. This Note accordingly suggests an alternative framework that more closely tracks the functional considerations that underlie the ministerial exception. In short, it argues that a revised exception — one that applies to ministerial functions, not ministerial persons — better strikes the balance between antidiscrimination values and religious liberty that the First Amendment requires.

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Asad, Brown, Butler & Mahmood, “Is Critique Secular?”

This month, the Oxford University Press will publish Is Critique Secular?: Blasphemy, Injury and Free Specch by Talal Asad (CUNY), Wendy Brown (UC Berkeley), Judith Butler (UC Berkeley), and Saba Mahmood (UC Berkeley). The publisher’s description follows.Is Critique Secular?

In this volume, four leading thinkers of our times confront the paradoxes and dilemmas attending the supposed stand-off between Islam and liberal democratic values. Taking the controversial Danish cartoons of Mohammad as a point of departure, Talal Asad, Wendy Brown, Judith Butler, and Saba Mahmood inquire into the evaluative frameworks at stake in understanding the conflicts between blasphemy and free speech, between religious taboos and freedoms of thought and expression, and between secular and religious world views. Is the language of the law an adequate mechanism for the adjudication of such conflicts? What other modes of discourse are available for the navigation of such differences in multicultural and multi-religious societies? What is the role of critique in such an enterprise? These are among the pressing questions this volume addresses.

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Ruane, “Sacrifice and Gender in Biblical Law”

This June, Cambridge University Press will publish Sacrifice and Gender in Biblical Law by Nicole J. Ruane (Syracuse University).  The publisher’s description follows.Sacrifice and Gender

This book examines the Hebrew Bible’s numerous laws about sacrificial procedure to understand the significance of gender in sacrificial rituals and the reasons that gender distinctions are so vital in these acts. Gender selection of both victims and participants is an intrinsic aspect of the nature and purpose of each rite, affecting its form and function, as well as its legitimacy. Sacrifice and Gender in Biblical Law considers the laws of the firstborn, the rite of the red cow, laws of slaughter, rituals of purification, and other offerings. It shows that these laws regulate material wealth and contribute to the construction of social roles.

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Al-Rasheed, “A Most Masculine State”

This month, Cambridge University Press will publish A Most Masculine State: Gender, Politics and Religion in Saudi Arabia by Madawi Al-Rasheed (University of London).  The publisher’s description follows.A Most Masculine

Women in Saudi Arabia are often described as either victims of patriarchal religion and society or successful survivors of discrimination imposed on them by others. Madawi Al-Rasheed’s new book goes beyond these conventional tropes to probe the historical, political, and religious forces that have, across the years, delayed and thwarted their emancipation. The book demonstrates how, under the patronage of the state and its religious nationalism, women have become hostage to contradictory political projects that on the one hand demand female piety, and on the other hand encourage modernity. Drawing on state documents, media sources, and interviews with women from across Saudi society, the book examines the intersection between gender, religion, and politics to explain these contradictions and to show that, despite these restraints, vibrant debates on the question of women are opening up as the struggle for recognition and equality finally gets under way.

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Skotnicki, “The Last Judgment: Christian Ethics in a Legal Culture”

last-judgment-christian-ethics-in-a-legal-cultureIn March, Ashgate published The Last Judgment: Christian Ethics in a Legal Culture by Andrew Skotnicki (Manhattan College). The publisher’s description follows.

In a culture obsessed with law, judgment, and violence, this book challenges Christians to remember that Jesus urged his followers to judge no one, bring harm upon no one, and follow no law save the law of altruistic love. It traces Christian history first to show that Christians of an earlier age took very seriously the gospel injunctions against punitive legal judgment and then how the advent of formal legal codes and philosophical dualism undermined that perspective to create a division between a private Christian spirituality and a public morality of order and legally sanctioned violence. This historical approach is accompanied by an argument that the recovery of a Christian ethic based upon unconditional love and forgiveness cannot be accomplished without the renewal of a Christian spirituality that mirrors the contemplative spirituality of Jesus.