Lange, “Excommunication for Debt in Late Medieval France”

Next month, Cambridge University Press will release “Excommunication for Debt in Late Medieval France: The Business of Salvation” by Tyler Lange (University of California, Berkeley). The publisher’s description follows:

Late medieval church courts frequently excommunicated debtors at the request of their creditors. Tyler Lange analyzes over 11,000 excommunications between 1380 and 1530 in order to explore the forms, rhythms, and cultural significance of the practice. Three case studies demonstrate how excommunication for debt facilitated minor transactions in an age of scarce small-denomination coinage and how interest-free loans and sales credits could be viewed as encouraging the relations of charitable exchange that were supposed to exist between members of Christ’s body. Lange also demonstrates how from 1500 or so believers gradually turned away from the practice and towards secular courts, at the same time as they retained the moralized, economically irrational conception of indebtedness we have yet to shake. The demand-driven rise and fall of excommunication for debt reveals how believers began to reshape the institutional Church well before Martin Luther posted his theses.

“Public Religion and the Politics of Homosexuality in Africa” (Klinken & Chitando, eds.)

In April, Routledge will release “Public Religion and the Politics of Homosexuality in Africa” edited by Adriaan van Klinken (University of Leeds, UK) and Ezra Chitando (University of Zimbabwe). The publisher’s description follows:

Issues of same-sex relationships and gay and lesbian rights are the subject routlogoof public and political controversy in many African societies today. Frequently, these controversies receive widespread attention both locally and globally, such as with the Anti-Homosexuality Bill in Uganda. In the international media, these cases tend to be presented as revealing a deeply-rooted homophobia in Africa fuelled by religious and cultural traditions. But so far little energy is expended in understanding these controversies in all their complexity and the critical role religion plays in them. This is the first book with multidisciplinary perspectives on religion and homosexuality in Africa. It presents case studies from across the continent, from Egypt to Zimbabwe and from Senegal to Kenya, and covers religious traditions such as Islam, Christianity and Rastafarianism. The contributors explore the role of religion in the politicisation of homosexuality, investigate local and global mobilisations of power, critically examine dominant religious discourses, and highlight the emergence of counter-discourses. Hence they reveal the crucial yet ambivalent public role of religion in matters of sexuality, social justice and human rights in contemporary Africa.

Warburg, “Rabbinic Authority”

This month, Urim Publications will release “Rabbinic Authority: The Vision and the Reality, Beit Din Decisions in English – Volume 2,” by Rabbi Yehuda Warburg.  The publisher’s description follows:

In the second volume of his groundbreaking series on rabbinic authority in English,rabbinicauthorityvolume220web2 Rabbi Warburg continues his in-depth discussion of rabbinical court arbitration decisions. He is the first rabbinic arbitrator to publish Piskei Din on cases in Jewish civil law. It is important that those who interact with the institution of a Beit Din know the inner dynamics and reasoning of those who issue rulings. This volume focuses on a number of topics such as the halakhic identity of an investment broker, the propriety of a civil will, contemporary issues relating to domestic violence, and the role of a rabbinical advocate in the Beit Din process. These topics and more are closely examined in “Rabbinic Authority” volume 2.

Sablin, “Governing Post-Imperial Siberia and Mongolia, 1911–1924”

In February, Routledge released “Governing Post-Imperial Siberia and Mongolia, 1911–1924: Buddhism, Socialism and Nationalism in State and Autonomy Building,” by Ivan Sablin (National Research University Higher School of Economics).  The publisher’s description follows:

The governance arrangements put in place for Siberia and Mongolia after the collapse of the Qing and Russian Empires were highly unusual, experimental and extremely9781138952201 interesting. The Buryat-Mongol Autonomous Socialist Soviet Republic established within the Soviet Union in 1923 and the independent Mongolian People’s Republic established a year later were supposed to represent a new model of transnational, post-national governance, incorporating religious and ethno-national independence, under the leadership of the coming global political party, the Communist International. The model, designed to be suitable for a socialist, decolonised Asia, and for a highly diverse population in a strategic border region, was intended to be globally applicable. This book, based on extensive original research, charts the development of these unusual governance arrangements, discusses how the ideologies of nationalism, socialism and Buddhism were borrowed from, and highlights the relevance of the subject for the present day world, where multiculturality, interconnectedness and interdependency become ever more complicated.

Around the Web

Some interesting law and religion news stories from around the web this week:

Pay, “Republican Islam: Power and Authority in Iran”

This month, I.B. Taurus will release “Republican Islam: Power and Authority in Iran” by Vahid Nick Pay (Political Analyst and Consultant). The publisher’s description follows:

When the Islamic Republic of Iran launched its fully-articulated political agenda in the aftermath of the 1979 revolution, it merged the concept of political Islam with the previously secular readings of the republican doctrine of state. This book provides an analysis of the constitutional and institutional structure of public power in the most emblematic instance of a theocratic republic to date: the Islamic Republic of Iran, using the methods of political science. Nearly four decades after the 1979 revolution, a thorough evaluation of Iran’s prevalently anti-modernist political discourse and concurrent claims of republican popular sovereignty is here carried out and their theoretical coherence and applied success investigated. Vahid Nick Pay surveys the major republican schools of political philosophy on the one hand, and the principal narratives of the prevailing Shi’a political theology on the other, to provide a pioneering evaluation of the republican credentials of the Islamic Republic of Iran. It will be essential reading for scholars of political science and modern Iranian politics and history.

Raja, “The Religious Right and the Talibanization of America”

In April, Palgrave Macmillan will release “The Religious Right and the Talibanization of America” by Masood Ashraf Raja (University of North Texas). The publisher’s description follows:

This highly original book suggests that the practices of Taliban and the Unknown
American far right, two very significant and poorly understood groups, share common features. This commonality can be found in the philosophical basis of their ideological beliefs, in their comparative worldviews, and in their political practices.  As Raja argues, the Taliban are much less the product of an irrational fundamentalism, and the radical right in America is much more the result of such a mindset, than Americans recognize.  After providing a detailed explanation of his theoretical concepts and specialized vocabulary, the author develops a discussion of the subject in this brief but penetrating book.  This is a book that should attract a wide readership among both academics and the general public.

Justice Scalia and Conservatism

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This posting was originally a short speech given to students at the University of St. Thomas Law School on February 29.

We will all miss the unique and iconic personality of the late Justice Antonin Scalia. Few if any Supreme Court Justices have been gifted with such charm, humor, charisma and pizzazz. He was a man of great faith; a brilliant and memorable writer; a witty raconteur; a powerful and bracing intellect. He argued law, as he lived life, with passion and gusto. In his impact on the American public, he was in a class of his own: among the Justices of the past, perhaps only Oliver Wendell Holmes, Jr., Robert Jackson, and Thurgood Marshall can be compared to him. One might even say, with all due deference to Senator Cruz, that Justice Scalia was the living epitome of New York values.

But we are here to discuss his influence on the law, especially on constitutional law. And for all his great and varied gifts, his long tenure on the supreme bench, and the vigor and clarity of his opinions, his influence on constitutional law, at least judged from our current perspective, was very limited.

The two doctrines one associates most closely with Scalia’s jurisprudence are, of course, originalism and textualism. Others on this panel will no doubt discuss them, and I will say something about them a bit later. But what I want to consider briefly here is another important but neglected strand in his jurisprudence: his use of custom or tradition in constitutional adjudication. This aspect of his jurisprudence is, in my view, the most distinctively conservative element of it. There is no inherent connection between textualism or originalism and conservatism, but there is such a connection between custom and conservatism.

Nineteenth century legal conservatives such as James Coolidge Carter went so far as to identify law with custom. Or more accurately, they identified the common law with custom. One could say, in that spirit, that the common law identifies, articulates, stabilizes, and occasionally revises and improves, custom. And much of American Read more

Jacoby, “Strange Gods”

In February, Pantheon published “Strange Gods: A Secular History of Conversion,” by Susan Jacoby. The publisher’s description follows:

In this original and riveting exploration, Susan Jacoby argues that conversion—especially in the free American “religious marketplace”—is too often viewed only51pkelrrjcl within the conventional and simplistic narrative of personal reinvention and divine grace. Instead, the author places conversions within a secular social context that has, at various times, included the force of a unified church and state, desire for upward economic mobility, and interreligious marriage—the latter as critical in the early Christian era as in the United States today, where half of Americans have switched faiths at least once in their adult lives. The sometimes tragic, sometimes inspiring story is shaped by the competing absolute truth claims of Catholicism, Protestantism, and Islam and their impact on Jews—the only monotheistic believers with an older historical stake. Moving through time, continents, and cultures—dealing with the often-ignored forced conversion of American slaves to Christianity as well as with the better-known story of the Spanish Inquisition and the persecution of both atheists and Christians in modern Islamic theocracies—the story also includes conversions to authoritarian secular ideologies, notably Stalinist Communism, that resemble traditional, unquestioning faith. Finally, the author examines true religious choice—a product of the Enlightenment pioneered by the U.S. Constitution. This history is punctuated by portraits of individual converts, including the Catholic Church father Augustine of Hippo; the German Jewish convert to Catholicism Edith Stein, murdered at Auschwitz and canonized by the church; boxing champion Muhammad Ali, who scandalized white Americans in the 1960s by becoming a Muslim, and even politicians such as George W. Bush and former British prime minister Tony Blair. In a forthright conclusion to this enthralling history, Strange Gods takes on the question of why the freedom to choose a religion—or to reject religion altogether—is a fundamental human rights issue that remains a breeding ground for violence in areas of the world that never experienced an Enlightenment.

Al-Rasheed, “Muted Modernists”

This month, the Oxford University Press will release “Muted Modernists: The Struggle over Divine Politics in Saudi Arabia,” by Madawi Al-Rasheed (London School of Economics).  The publisher’s description follows:

Analysis of both official and opposition Saudi divine politics is often monolithic, conjuring images of conservatism, radicalism, misogyny and 519q28vpqzl-_sx320_bo1204203200_resistance to democracy. Madawi Al-Rasheed challenges this stereotype as she examines a long tradition of engaging with modernism that gathered momentum with the Arab uprisings and incurred the wrath of both the regime and its Wahhabi supporters. With this nascent modernism, constructions of new divine politics, anchored in a rigorous reinterpretation of foundational Islamic texts and civil society activism are emerging in a context where authoritarian rule prefers its advocates to remain muted. The author challenges scholarly wisdom on Islamism in general and blurs the boundaries between secular and religious politics.