Tocqueville on Independence Day in Albany, 1831

It was a ceremony that made [Tocqueville and Beaumont] want to smile. The trade associations and the militia marched past with an entirely spontaneous gravity and order, then the procession surged into a church where everyone sang verses to the tune of the Marseillaise accompanied by a single flute. The speech made by a lawyer foundered in rhetorical commonplaces. But the reading of the Declaration of Independence gave rise to a unanimous feeling that Tocqueville describes in the following way: “It was as though an electric current moved through the hearts of everyone there. It was in no way a theatrical performance. In this reading of the promises of independence that have been kept so well, in this turning of an entire nation toward the memories of its birth, in this union of the present generation with one that is no longer and with which, for a moment, it shared all those generous feelings, there was something profoundly felt and truly great.”

From Andre Jardin, Tocqueville: A Biography (Lydia Davis trans. 1988)

Kamali on Hudud Crimes in Islam

In classical Islamic law, Hudud crimes are those committed against Allah and for which Allah has mandated punishments that man cannot alter. The schools differ on the precise definition, but Hudud crimes include apostasy, illicit sexual intercourse, some forms of theft, and drinking alcohol. Punishments for Hudud crimes are severe, but classical Islamic law insisted on high standards of proof that made convictions very difficult.

A new book from Oxford, Crime and Punishment in Islamic Law: A Fresh Interpretation, by Mohammad Hashim Kamali, one of the foremost scholars of Islamic law writing in English today, argues for what he calls a “fresh” reading of the sources on Hudud offenses. Here is the description from the publisher’s website:

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur’an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta’zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues.

Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur’an and Sunnah can show the way forward to needed reforms of Islamic criminal law.

A New Memoir from Tomas Halik

Several years ago, at a Forum 2000 Conference in Prague, I had the honor to meet Fr. Tomas Halik. An underground Catholic priest and member of the Czech resistance, Halik was important in bringing down the communist regime in that country. My impression is that Halik’s progressive theology and politics have made him somewhat controversial in the Czech Republic and in some Catholic circles today. Whatever one thinks about all that, one has to admire his great courage and contribution to the end of totalitarianism in his country.

This fall, Notre Dame will release a new memoir by Halik of his days in the resistance, From the Underground Church to Freedom. Here’s the description of the book from the press’s website:

International best-selling author and theologian Tomáš Halík shares for the first time the dramatic story of his life as a secretly ordained priest in Communist Czechoslovakia. Inspired by Augustine’s candid presentation of his own life, Halík writes about his spiritual journey within a framework of philosophical theology; his work has been compared to that of C. S. Lewis, Thomas Merton, and Henri Nouwen. Born in Prague in 1948, Halík spent his childhood under Stalinism. He describes his conversion to Christianity during the time of communist persecution of the church, his secret study of theology, and secret priesthood ordination in East Germany (even his mother was not allowed to know that her son was a priest). Halík speaks candidly of his doubts and crises of faith as well as of his conflicts within the church. He worked as a psychotherapist for over a decade and, at the same time, was active in the underground church and in the dissident movement with the legendary Cardinal Tomášek and Václav Havel, who proposed Halík as his successor to the Czech presidency. Since the fall of the regime, Halík has served as general secretary to the Czech Conference of Bishops and was an advisor to John Paul II and Václav Havel.

Woven throughout Halík’s story is the turbulent history of the church and society in the heart of Europe: the 1968 Prague Spring, the occupation of Czechoslovakia, the self-immolation of his classmate Jan Palach, the “flying university,” the 1989 Velvet Revolution, and the difficult transition from totalitarian communist regime to democracy. Thomas Halík was a direct witness to many of these events, and he provides valuable testimony about the backdrop of political events and personal memories of the key figures of that time. This volume is a must-read for anyone interested in Halík and the church as it was behind the Iron Curtain, as well as in where the church as a whole is headed today.

Legal Spirits Episode 011: The Court Decides the Peace Cross Case

The Peace Cross in Bladensburg, Maryland

In this episode, the third in a series, we talk about the Court’s decision in American Legion v. American Humanist Association, the Peace Cross case. We analyze the Court’s opinion, the plurality opinion, and several of the other opinions in the case. We also consider the implications of American Legion for future cases involving state-sponsored religious displays. And we talk together about some disagreements we have about exactly how to interpret the reach of the case. Listen in!

Around the Web

Here are some important law-and-religion news stories from around the web:

His the Religion

The Peace of Augsburg (1555) ended a struggle within the Holy Roman Empire between the Catholic Emperor Charles V and Lutheran princes. A key principle of the treaty was cuius regio, eius religio–“whose realm, his religion”–a prince could determine the religion of his state without interference from outside. It doesn’t seem like much, today; we wouldn’t say that freedom consists in believing as the prince directs you. But the principle acknowledged national, if not individual, autonomy in matters of religion, a major innovation at the time.

Last week, Yale University Press released a new biography of the Hapsburg prince and devoted Catholic who agreed to this arrangement, Emperor:A New Life of Charles V, by historian Geoffrey Parker (Ohio State). Here’s the description of the book from the Yale website:

Drawing on vital new evidence, a top historian dramatically reinterprets the ruler of the world’s first transatlantic empire.

The life of Emperor Charles V (1500–1558), ruler of Spain, Germany, the Netherlands, and much of Italy and Central and South America, has long intrigued biographers. But the elusive nature of the man (despite an abundance of documentation), his relentless travel and the control of his own image, together with the complexity of governing the world’s first transatlantic empire, complicate the task.
 
Geoffrey Parker, one of the world’s leading historians of early modern Europe, has examined the surviving written sources in Dutch, French, German, Italian, Latin, and Spanish, as well as visual and material evidence. He explores the crucial decisions that created and preserved this vast empire, analyzes Charles’s achievements within the context of both personal and structural factors, and scrutinizes the intimate details of the ruler’s life for clues to his character and inclinations. The result is a unique biography that interrogates every dimension of Charles’s reign and views the world through the emperor’s own eyes.