“The Rule of Law and the Rule of God” (Ilesanmi et. al., eds.)

Next month, Palgrave Macmillion will release “The Rule of Law and the Rule of God” edited by Simeon O. Ilesanmi (Wake Forest University), Win-Chiat Lee (Wake Forest University),  and J. Wilson Parker (Wake Forest University School of Law). The publisher’s description follows:

The Rule of Law and the Rule of God examines the competing regimes of law and religion, using the concept of rule to illustrate the patterns of their interactions, and a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension that often characterizes the relationship between these two cultural institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived. By combining theoretical analyses with tradition-specific and regional case studies, the book aims to advance our understanding of how the rule of law and the rule of religion should properly relate to each other, not only in a general way, but also in the context of addressing conflicts that may arise from their inevitable interaction. In addition to legal academics, the humanities scholars and students as well as the general public, will benefit from this book.

“The Ashgate Research Companion to Islamic Law” (Peters & Bearman, eds.)

In July, Ashgate Publishing released “The Ashgate Research Companion to Islamic Law” edited by Rudolph Peters (University of Amsterdam) and Peri Bearman (Harvard University). The publisher’s description follows:

This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research.

The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context.

By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

The President’s Speech

In an address to the nation last night, President Barack Obama committed the US to doing something about ISIS — aka the Islamic State in Iraq and Syria, or just the Islamic State — the Salafist group that has taken over about a third of both those countries.  The goal, the president said, is to “degrade, and ultimately destroy” the group, through airstrikes and support for Iraqi and Kurdish ground forces, as well as elements of the Syrian opposition. The US will also send an additional 475 military advisers to the region. But no combat troops — the president was clear about that.

There was good and bad in the president’s speech. First, the good. It’s good that the US has committed to address the threat ISIS poses to the Middle East and, ultimately, the US itself. ISIS does not see itself as merely a regional player. It has pretensions to reestablish the caliphate, the global Islamic polity, with itself at the head. It has money, numbers, and growing prestige. By ruling a large territory in the heart of the Middle East, ISIS serves as an inspiration for jidahists everywhere. Sooner or later, ISIS or others it inspires will attack targets in the West. Better to address the threat now than wait for something terrible to happen.

It’s also good that President Obama talked about humanitarian assistance to ISIS’s victims, including Christians, whom he mentioned by name. True, to my mind, at least, the president continues to downplay Christian suffering in an unfortunate way. Last night, for example, he alluded to the genocide of Yazidis, but said nothing about the genocide of Christians. Still, he did mention Christians, and he deserves credit for that.

Now, the bad. By publicly and categorically ruling out the use of American combat troops, President Obama undercut his stated goal. Many experts think it will be necessary for the US to send ground troops back to Iraq if ISIS is really to be defeated. Maybe it won’t be. But to rule out American troops from the start gives Iraqi forces an excuse for holding back (“If they won’t fight, why should we?”), and ISIS an incentive to buy time until it can wear down the Iraqi army — or infiltrate and corrupt it. It would have been wiser for the president to say publicly only that US combat troops are not an option at present. Keep ISIS guessing.

Second, the President stated flatly that ISIS is “not ‘Islamic.'” ISIS does not represent the whole of Islam, or even the majority stream within Islam today. As the president said, ISIS victimizes Muslims as well as non-Muslims, and many Muslims are appalled by the group’s conduct. But ISIS has definite roots in parts of the Islamic tradition. For example, its treatment of Christians has antecedents in Islamic history. ISIS did not invent the dhimma on its own.

It’s understandable why President Obama would wish to deny the Islamic roots of ISIS. Defeating the group will require the cooperation of other Muslims, including Salafists like the Saudis, and there is no point antagonizing them. And no one wants to see a backlash against the millions of our Muslim fellow citizens in the United States, who deserve to live in peace. But saying that ISIS is “not ‘Islamic'” is likely to suggest to people who know better — including the audience for the president’s speech in the Mideast – that the president doesn’t understand the situation. It would have been better to avoid comparative religion entirely, and say only that we invite Muslims and all people of goodwill to join the coalition against ISIS.

Finally, parts of the speech had an unfortunate, self-absorbed quality. Take this excerpt:

Moreover, I have made it clear that we will hunt down terrorists who threaten our country, wherever they are. That means I will not hesitate to take action against ISIL in Syria, as well as Iraq. This is a core principle of my presidency: if you threaten America, you will find no safe haven.

Rather a lot of personal references here. “A core principle of my presidency?” Surely, defending America is a core principle of every president’s presidency. Brave men lived before Agamemnon.

“Foundational Texts in Modern Criminal Law” (available for pre-order)

Foundational Texts in Modern Criminal LawI am pleased to announce that Foundational Texts in Modern Criminal Law, edited by Markus D. Dubber, is now available for pre-order. I’ve listed the description of the volume below. As Markus explains in his introduction, the aim of the volume is to provide a set of comments (and in some cases, an introduction) to criminal texts that are canonical for the modern liberal state, but also that grew out of the modern liberal state. The collection begins with Hobbes and ends with the contemporary German theorist, Günther Jakobs. I was delighted to contribute the chapter on J.F. Stephen. The primary texts themselves can be accessed here.

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context.

Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Laliberté, “The Politics of Buddhist Organizations in Taiwan, 1989-2003”

This month, Routledge Press releases “The Politics of Buddhist Organizations in Taiwan, 1989-2003: Safeguard the Faith, Build a Pure Land, Help the Poor” by André Laliberté (University of Quebec at Montreal).  The publisher’s description follows:

The Politics of Buddhist OrganizationsLaliberté looks at a relatively unexplored aspect of modern Taiwan: the influence of religion on politics. This book offers a detailed survey of three of the most important Buddhist organizations in Taiwan: the Buddhist Association of the Republic of China (BAROC), the Buddha Light Mountain (or Foguanshan) monastic order, and the Buddhist Compassion Relief Tzu Chi Association (or Ciji). It examines their contrasting approaches to three issues: state supervision of religion, the first presidential election of 1996, and the establishment of the National Health Insurance.

This study analyzes the factors that explain the diverse paths the three organizations have taken in the politics of Taiwan. Based on an in-depth examination of Buddhist leaders’ behaviour, The Politics of Buddhist Organizations in Taiwan compels us to question conventional views about the allegedly passive aspect of religious tradition, deference to authority in societies influenced by Confucian culture and the adverse legacy of authoritarian regimes.

Offutt, “New Centers of Global Evangelicalism in Latin America and Africa”

In November, Cambridge University Press will release “New Centers of Global Evangelicalism in Latin America and Africa” by Stephen Offutt (Asbury Theological Seminary).  The publisher’s description follows:

New Centers of Global EvangelicalismThis book shows that new centers of Christianity have taken root in the global south. Although these communities were previously poor and marginalized, Stephen Offutt illustrates that they are now socioeconomically diverse, internationally well connected, and socially engaged. Offutt argues that local and global religious social forces, as opposed to other social, economic, or political forces, are primarily responsible for these changes.

Conference on Ethnic & Religious Conflict Resolution (New York, Oct. 1)

The International Center for Ethno-Religious Mediation is hosting its 1st Annual International Conference on Ethnic and Religious Conflict Resolution and Peacebuilding on October 1 in New York. The theme is “The Advantages of Ethnic & Religious Identity in Conflict Mediation and Peacebuilding.” Dean Elayne Greenberg of St. John’s University School of Law is co-chair:

The 21st century continues to experience waves of ethnic and religious violence making it one of the most devastating threats to peace, political stabilization, economic growth and security in our world. These conflicts have killed and maimed tens of thousands and displaced hundreds of thousands, planting the seed for even greater violence in the future.

For our First Annual International Conference, we have chosen the theme: The Advantages of Ethnic & Religious Identity in Conflict Mediation and Peacebuilding. Too often, differences in ethnicity and faith traditions are seen as a drawback to the peace process. It is time to turn these assumptions around and rediscover the benefits that these differences offer. It is our contention that societies made up of an amalgamation of ethnicities and faith traditions offer largely unexplored assets to the policy makers, donor & humanitarian agencies, and mediation practitioners working to assist them.

Details and registration can be found here.

Yancey & Williamson, “So Many Christians, So Few Lions: Is There Christianophobia in the United States?”

In November, Rowman & Littlefield will release “So Many Christians, So Few Lions: Is There Christianophobia in the United States?” by George Yancey (University of North Texas) and David A. Williamson (University of North Texas). The publisher’s description follows:

So Many Christians, So Few Lions is a provocative look at anti-Christian sentiments in America. Drawing on both quantitative and qualitative research, authors George Yancey and David A. Williamson show that even though (or perhaps because) Christianity is the dominant religion in the United States, bias against Christians also exists—particularly against conservative Christians—and that this bias is worth understanding.

 The book does not attempt to show the prevalence of anti-Christian sentiments—called Christianophobia—but rather to document it, to dig into where and how it exists, to explore who harbors these attitudes, and to examine how this bias plays itself out in everyday life. Excerpts from the authors’ interviews highlight the fear and hatred that some people harbor towards Christians, especially the Christian right, and the ways these people exhibit elements of bigotry, prejudice, and dehumanization. The authors argue that understanding anti-Christian bias is important for understanding some social dynamics in America, and they offer practical suggestions to help reduce religious intolerance of all kinds.

Conference on Law, Religion, and Healthcare

The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is soliciting papers for its its 2015 annual conference on “Law, Religion, and Healthcare.” The conference will be held on May 8-9 in Cambridge Massachusetts:

Religion and medicine have historically gone hand in hand, but increasingly have come into conflict in the U.S. as health care has become both more secular and more heavily regulated.  Law has a dual role here, simultaneously generating conflict between religion and health care, for example through new coverage mandates or legally permissible medical interventions that violate religious norms, while also acting as a tool for religious accommodation and protection of conscience.

This conference, and anticipated edited volume, will aim to: (1) identify the various ways in which law intersects with religion and health care in the United States; (2) understand the role of law in creating or mediating conflict between religion and health care; and (3) explore potential legal solutions to allow religion and health care to simultaneously flourish in a culturally diverse nation.

Details can be found here.

Kefeli, “Becoming Muslim in Imperial Russia”

This November, Cornell University Press will release “Becoming Muslim in Imperial Russia: Conversion, Apostasy, and Literacy” by Agnes Nilufer Kefeli (Arizona State University).  The publisher’s description follows:

Becoming Muslim in Imperial RussiaIn the nineteenth century, the Russian Empire’s Middle Volga region (today’s Tatarstan) was the site of a prolonged struggle between Russian Orthodoxy and Islam, each of which sought to solidify its influence among the frontier’s mix of Turkic, Finno-Ugric, and Slavic peoples. The immediate catalyst of the events that Agnes Nilufer Kefeli chronicles in Becoming Muslim in Imperial Russia was the collective turn to Islam by many of the region’s Krashens, the Muslim and animist Tatars who converted to Russian Orthodoxy between the sixteenth and eighteenth centuries.

The traditional view holds that the apostates had really been Muslim all along or that their conversions had been forced by the state or undertaken voluntarily as a matter of convenience. In Kefeli’s view, this argument vastly oversimplifies the complexity of a region where many participated in the religious cultures of both Islam and Orthodox Christianity and where a vibrant Krashen community has survived to the present. By analyzing Russian, Eurasian, and Central Asian ethnographic, administrative, literary, and missionary sources, Kefeli shows how traditional education, with Sufi mystical components, helped to Islamize Finno-Ugric and Turkic peoples in the Kama-Volga countryside and set the stage for the development of modernist Islam in Russia.

Of particular interest is Kefeli’s emphasis on the role that Tatar women (both Krashen and Muslim) played as holders and transmitters of Sufi knowledge. Today, she notes, intellectuals and mullahs in Tatarstan seek to revive both Sufi and modernist traditions to counteract new expressions of Islam and promote a purely Tatar Islam aware of its specificity in a post-Christian and secular environment.