Birge, “Marriage and the Law in the Age of Khubilai Khan”

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 9780674975514-lgdifferent 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.

Lindkvist, “Religious Freedom and the Universal Declaration of Human Rights”

In June, Cambridge University Press will release “Religious Freedom and the Universal Declaration of Human Rights,” by Linde Lindkvist (Uppsala Universitet).  The publisher’s description follows:

Article 18 of the Universal Declaration of Human Rights (1948) is widely considered to be the most influential statement on religious freedom in human history. Religious 9781107159419Freedom 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.

Around the Web This Week

Here is a look at some law and religion news stories from around the web this week:

Broyde, “Sharia Tribunals, Rabbinical Courts, and Christian Panels”

In June, the Oxford University Press will release “Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West,” by Michael Broyde (Emory University).  The publisher’s description follows:

This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal 9780190640286.jpgframeworks 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.

FitzGerald, “The Evangelicals”

This month, Simon & Schuster release “The Evangelicals: The Struggle to Shape America,” by Frances FitzGerald.  The publisher’s  description follows:

This groundbreaking book from Pulitzer Prize­–winning historian Frances FitzGerald is the first to tell the powerful, dramatic story of the Evangelical movement in America—from the Puritan era to the 2016 presidential election.

the-evangelicals-9781439131336_hrThe 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.

During the nineteenth century white evangelicals split apart dramatically, first North versus South, and then at the end of the century, modernist versus fundamentalist. After World War II, Billy Graham, the revivalist preacher, attracted enormous crowds and tried to gather all Protestants under his big tent, but the civil rights movement and the social revolution of the sixties drove them apart again. By the 1980s Jerry Falwell and other southern televangelists, such as Pat Robertson, had formed the Christian right. Protesting abortion and gay rights, they led the South into the Republican Party, and for thirty-five years they were the sole voice of evangelicals to be heard nationally. Eventually a younger generation of leaders protested the Christian right’s close ties with the Republican Party and proposed a broader agenda of issues, such as climate change, gender equality, and immigration reform.

Evangelicals have in many ways defined the nation. They have shaped our culture and our politics. Frances FitGerald’s narrative of this distinctively American movement is a major work of history, piecing together the centuries-long story for the first time. Evangelicals now constitute twenty-five percent of the American population, but they are no longer monolithic in their politics. They range from Tea Party supporters to social reformers. Still, with the decline of religious faith generally, FitzGerald suggests that evangelical churches must embrace ethnic minorities if they are to survive.

Alidadi, “Religion, Equality and Employment in Europe”

In June, Hart Publishing will release “Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation,” by Katayoun Alidadi (Bryant University).  The publisher’s description follows:

The management of religious and ideological diversity remains a key challenge of our time, deeply entangled with debates about the nature of liberal democracy, 9781509911387equality, 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.

Williams, “Indonesia, Islam, and the International Political Economy”

This month, Routledge releases “Indonesia, Islam, and the International Political Economy: Clash or Cooperation?” by Mark Williams (Vancouver Island University).  The publisher’s description follows:

The Republic of Indonesia is a rising great power in the Asia-Pacific, set to become the eighth largest economy in the world in the coming decades. It is the most 9780415788878populous 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.

This book examines the role of Islamic identity in Indonesia’s foreign economic relations and in its engagement with the world order. There is no single expression of Islam in Indonesia, the politics espoused by Islamic parties and organizations are far from monolithic. Islamic sentiment has been invoked by the state to justify heinous acts of brutality, as well as by violent, subnational revolutionary groups. However, these expressions of Islam have deviated from the dominant narrative, which is in favour of international cooperation and economic development. Economic exploitation, political alienation, financial volatility, and aggression toward Muslims around the world that has caused some Islamic groups to radicalize. The political culture of Islam in Indonesia is a social force that is helping to foster a peaceful rise for Indonesia. However, a peaceful expression of Islam is not inevitable for the republic, nor can it be assumed that Islamic identity in Indonesia will unwaveringly support the global economic order, regardless of what might occur in global politics.

Robson, “States of Separation”

In April, the University of California Press will release “States of Separation: Transfer, Partition, and the Making of the Modern Middle East,” by Laura Robson (Portland State University).  The publisher’s description follows:

Across the Middle East in the post–World War I era, European strategic moves converged with late Ottoman political practice and a newly emboldened Zionist 9780520292154movement 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.

During Britain’s and France’s interwar occupation of Iraq, Palestine, and Syria, the British and French mandate governments and the League of Nations undertook a series of varied but linked campaigns of ethnic removal and separation targeting the Armenian, Assyrian, and Jewish communities within these countries. Such schemes served simultaneously as a practical method of controlling colonial subjects and as a rationale for imposing a neo-imperial international governance, with long-standing consequences for the region.

Placing the histories of Iraq, Palestine, and Syria within a global context of emerging state systems intent on creating new forms of international authority, in States of Separation Laura Robson sheds new light on the emergence of ethnic separatism in the modern Middle East.

Eekelaar, “Family Rights and Religion”

In May, Routledge will release “Family Rights and Religion,” by John Eekelaar (Pembroke College, Oxford University).  The publisher’s description follows:

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study logo-rt-cbut 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.

Thomassen, “British Multiculturalism and the Politics of Representation”

In April, Oxford University Press releases “British Multiculturalism and the Politics of Representation,” by Lasse Thomassen (Queen Mary, University of London).  The publisher’s description follows:

Lasse Thomassen argues that the politics of inclusion and identity should be viewed as struggles over how these identities are represented. He centres thislogoargument through careful analysis of cases from the last four decades of British multiculturalism.

Uses a fresh, poststructuralist approach to reconcile the theoretical and practical issues surrounding inclusion and exclusion – a rare example of how poststructuralism can speak to mainstream concerns and theory

Opens up debates and themes including Britishness, race, the ature and role of Islam in British society, homelessness and social justice

Case studies include public debates about the role of religion in British society; Prime MInisters Gordon Brown and David Cameron>’s contrasting versions of Britishness; legal cases about religious symbols and clothing in schools; and the Nick Hornby novel How to Be Good – most of which have never been covered in such detail before

Examines a number of legal cases: ‘The Queen on the application of Sarika Angel Watkins-Singh v. The Governing Body of Aberdare Girls’ High School and Rhondda Cynon Taf Unitary Authority’, High Court, 2008; ‘Playfoot (a minor), R (on the application of) v Millais School’ High Court 2007; ‘X v Y’, High Court, 2007; and ‘Mandla and another v Dowell Lee and another’, House of Lords, 1983