In June, the Harvard University Press will release “Marriage and the Law in the Age of Khubilai Khan: Cases from the Yuan dianzhang,” by Bettine Birge (University of Southern California). The publisher’s description follows:
The Mongol conquest of China in the thirteenth century and Khubilai Khan’s founding of the Yuan dynasty brought together under one government people of
different languages, religions, and social customs. Chinese law evolved rapidly to accommodate these changes, as reflected in the great compendium Yuan dianzhang (Statutes and Precedents of the Yuan Dynasty). The records of legal cases contained in this seminal text, Bettine Birge shows, paint a portrait of medieval Chinese family life—and the conflicts that arose from it—that is unmatched by any other historical source.
Marriage and the Law in the Age of Khubilai Khan reveals the complex, sometimes contradictory inner workings of the Mongol-Yuan legal system, seen through the prism of marriage disputes in chapter eighteen of the Yuan dianzhang, which has never before been translated into another language. The text includes court testimony—recorded in the vivid vernacular of people from all social classes—in lawsuits over adultery, divorce, rape, wife-selling, marriages of runaway slaves, and other conflicts. It brings us closer than any other source to the actual Mongolian speech of Khubilai and the great khans who succeeded him as they struggled to reconcile very different Mongol, Muslim, and Chinese legal traditions and confront the challenges of ruling a diverse polyethnic empire.
Freedom and the Universal Declaration of Human Rights provides a groundbreaking account of its origins and developments, examining the background, key players, and outcomes of Article 18, and setting it within the broader discourse around international religious freedom in the 1940s. Taking issue with standard accounts that see the text of the Universal Declaration as humanity’s joint response to the atrocities of World War II, it shows instead how central features of Article 18 were intimately connected to the political projects and visions of particular actors involved in the start-up of the UN Human Rights program. This will be essential reading for anyone grappling with the historical and contemporary meaning of human rights and religious freedom.
frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.
The evangelical movement began in the revivals of the eighteenth and nineteenth centuries, known in America as the Great Awakenings. A populist rebellion against the established churches, it became the dominant religious force in the country.
equality, social cohesion, minorities and nationalism, foreign policy and even terrorism. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of the workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the work place, particularly when it clashes with other fundamental rights and freedoms? Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion or belief in the workplaces in Europe. In so doing, it draws on the case law of Europe’s two supranational courts, three country studies–Belgium, the Netherlands and the UK–as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significant interest to academics, policy-makers and students interested in a deeper understanding of European and Western inclusion, freedom and equality in a multicultural context.
populous Muslim majority country in the world. The largest Islamic organizations and parties have supported Indonesia’s participation with global markets, but this has not come from an ideological support for capitalism or economic liberalization. Islamic political culture has denounced the injustices caused by global capitalism and its excesses. In fact, support for Indonesia’s engagement with the international political economy is born from political pragmatism, and from Indonesia’s struggles to achieve economic development.
movement to create an unprecedented push to physically divide ethnic and religious minorities from Arab Muslim majorities. States of Separation tells how the interwar Middle East became a site for internationally sanctioned experiments in ethnic separation enacted through violent strategies of population transfer and ethnic partition.
but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.