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Ibrahim, “Practicing Shariah Law: Seven Strategies for Achieving Justice in Shariah Courts”

This August, ABA Publishing (American Bar Association) published Practicing Shariah Law: Seven Strategies for Achieving Justice in Shariah Courts by Hauwa Ibrahim (Saint Louis University School of Law). The publisher’s description follows.

Practicing Law in Shariah Courts: Seven Strategies for Achieving Justice in Shariah Courts describes the Shariah courts of Northern Nigeria, and offers advice for counsel practicing in Shariah courts worldwide, particularly in cases involving women.

In this important book, you’ll find insight into practicing law in Shariah courts, and some questions that arise from being on the field, from the authors experience of seeking justice under these laws both legally and spiritually.

The introduction of new Shariah in Northern Nigeria in 1999 set in place a delicate and flexible boundary between the rule of law and individual interpretations of the Law that are unjustifiably causing individual and social ills. This important book is part of a dialogue for learning the terrain and how best to work around the disparities in the new Shariah, exploring ethical issues drawn from various sources, including the Holy Qur’an, Hadith, and Sunnah. Although their application is discussed within the legal contour of Shariah law in Northern Nigeria, the strategies are not confined to any one framework of reference and may be a valued resource to many.

The book contains the author’s reflection of her experiences while defending clients in Shariah courts. It is a book written by a legal practitioner, sharing the strategies and resources that have served her well throughout her career. The multilayered composition of this book, weaving together Islamic law, national laws, international treatises, and religious texts is intent on providing lawyers all possible avenues for drafting a defense strategy that reflects the integrity of Shariah and upholds the values of the community.

Since their implementation and subsequent codification from 2000 to 2003, Shariah law codes have been regularly amended. This book reflects the latest of the amendments known to the author. The strategies and resources outlined in this book move past them and look toward the overarching ideal of justice and fairness, placing them in a space that sustains the functional character of the work.

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Fleming & McClain, “Ordered Liberty: Rights, Responsibilities, and Virtues”

This November, Harvard University Press will publish Ordered Liberty: Rights, Responsibilities, and Virtues by James E. Fleming and Linda C. McClain (both Boston University School of Law). The publisher’s description follows.

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination.

The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

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Aikman, “One Nation without God?: The Battle of Christianity in an Age of Unbelief”

This September, Baker Books published One Nation without God?: The Battle of Christianity in an Age of Unbelief by David Aikman. The publisher’s description follows.

Christianity in America is under siege. From litigation over coaches starting games with prayer to expulsion from college for refusing to endorse beliefs at odds with the Christian faith, hardly a week goes by without news of the declining influence that Christianity has in the public square. Can Christianity in this country survive the advances of secularists and remain influential in our culture? And if a new spiritual awakening is possible, what form will it take?

Supported by an astonishing parade of concrete examples and direct quotes from reporters, judges, bloggers, and influencers, David Aikman turns a journalist’s eye on the rise of hostility toward Christian expression in America and the alarming decline of orthodox belief among those who call themselves Christians. He explores the inspiring history of Christianity in America, the powerful cultural influences that have weakened the church, and the bright spots of hope he sees across the country, suggesting possible ways Christian influence in America might be refined–and revived.

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Wolterstorff, “The Mighty and the Almighty”

This July, Cambridge University Press published The Mighty and the Almighty: An Essay in Political Theology by Nicholas Wolterstorff (Yale). The publisher’s description follows.

For a century or more political theology has been in decline. Recent years, however, have seen increasing interest not only in how church and state should be related, but in the relation between divine authority and political authority, and in what religion has to say about the limits of state authority and the grounds of political obedience. In this book, Nicholas Wolterstorff addresses this whole complex of issues. He takes account of traditional answers to these questions, but on every point stakes out new positions. Wolterstorff offers a fresh theological defense of liberal democracy, argues that the traditional doctrine of ‘two rules’ should be rejected and offers a fresh exegesis of Romans 13; the canonical biblical passage for the tradition of Christian political theology. This book provides useful discussion for scholars and students of political theology, law and religion, philosophy of religion and social ethics.

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Gorski, Kim, Torpey & VanAntwerpen (eds.), The Post-Secular in Question: Religion in Contemporary Society

This past March, New York University Press published The Post-Secular in Question: Religion in Contemporary Society edited by Philip Gorski (Yale University), David Kyuman Kim (Connecticut College), John Torpey (Cuny), and Jonathan VanAntwerpen (NYU). The publisher’s description follows.

The Post-Secular in Question considers whether there has in fact been a religious resurgence of global dimensions in recent decades. This collection of original essays by leading academics represents an interdisciplinary intervention in the continuing and ever-transforming discussion of the role of religion and secularism in today’s world. Foregrounding the most urgent and compelling questions raised by the place of religion in the social sciences, past and present, The Post-Secular in Question restores religion to a more central place in social scientific thinking about the world, helping to move scholarship “beyond unbelief.”

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Murphy, “State Security Regimes and the Right to Freedom of Religion and Belief: Changes in Europe Since 2001”

This December, Routledge will publish State Security Regimes and the Right to Freedom of Religion and Belief: Changes in Europe since 2001 by Karen Murphy. The publisher’s description follows.

The question of to what extent, manifestations of religious beliefs should be permitted in the European public sphere has become a salient and controversial topic in recent years. Despite the increasing interest however, debates have rarely questioned the conventional wisdom that an increase in the range of security measures employed by a government inevitably leads to a decrease in the human rights enjoyed by individuals.

This book analyses the relationship between state security regime changes and the right to religious freedom in the EU. It presents a comparative analysis of the impact these regime changes have had on the politics, policies and protections of religious freedom across the EU member states in the post-2001 environment. The book provides a timely investigation into the role of national legislation, the European Court of Human Rights, and societal trends in the protection of religious freedom, and in so doing demonstrates why the relationship between state security and religious freedom is one of the most socially significant challenges facing policymakers and jurists in Europe at the present time.

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Wolterstorff, “Understanding Liberal Democracy: Essays in Political Philosophy”

This November, Oxford University Press will publish Understanding Liberal Democracy: Essays in Political Philosophy by Nicholas Wolterstorff (Yale) and edited by Terence Cuneo (University of Vermont). The publisher’s description follows.

Understanding Liberal Democracy presents notable work by Nicholas Wolterstorff at the intersection between political philosophy and religion. Alongside his influential earlier essays, it includes nine new essays in which Wolterstorff develops original lines of argument and stakes out novel positions regarding the nature of liberal democracy, human rights, and political authority. Taken together, these positions are an attractive alternative to the so-called public reason liberalism defended by thinkers such as John Rawls. The volume will be of interest to philosophers, political theorists, and theologians, engaging a wide audience of those interested in how best to understand the nature of liberal democracy and its relation to religion.

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Day & Diaz on The Affordable Care Act and Religious Freedom

Terri Day & Leticia M. Diaz (Barry U. Dwayne O. Andreas School of Law) have posted The Affordable Care Act and Religious Freedom: The Next Battleground. The abstract follows.

This article presents a comprehensive analysis of the Health and Human Services (HHS) Mandate, which is the controversial required insurance coverage for preventative and wellness services, which include all FDA approved contraceptives, sterilizations, and related patient education and counseling. Failure to provide this coverage will result in an employer penalty. Non-exempt religious employers/insurers contend that this Mandate requires them to violate their freedom of conscience or suffer a penalty. The article discusses the religious reaction to the Mandate and provides a thorough legal analysis of the constitutional issues. Based on the recent health care decision and the likelihood that the Supreme Court will apply strict scrutiny review as required by the Religious Freedom Reformation Act, the authors conclude that the HHS Mandate will not likely pass constitutional muster.

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Viroli, “As If God Existed: Religion and Liberty in the History of Italy”

This September, Princeton University Press will publish As If God Existed: Religion and Liberty in the History of Italy by Maurizio Viroli (Princeton University). The publisher’s description follows.

Religion and liberty are often thought to be mutual enemies: if religion has a natural ally, it is authoritarianism–not republicanism or democracy. But in this book, Maurizio Viroli, a leading historian of republican political thought, challenges this conventional wisdom. He argues that political emancipation and the defense of political liberty have always required the self-sacrifice of people with religious sentiments and a religious devotion to liberty. This is particularly the case when liberty is threatened by authoritarianism: the staunchest defenders of liberty are those who feel a deeply religious commitment to it.

Viroli makes his case by reconstructing, for the first time, the history of the Italian “religion of liberty,” covering its entire span but focusing on three key examples of political emancipation: the free republics of the late Middle Ages, the Risorgimento of the nineteenth century, and the antifascist Resistenza of the twentieth century. In each example, Viroli shows, a religious spirit that regarded moral and political liberty as the highest goods of human life was fundamental to establishing and preserving liberty. He also shows that when this religious sentiment has been corrupted or suffocated, Italians have lost their liberty.

This book makes a powerful and provocative contribution to today’s debates about the compatibility of religion and republicanism.

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Daly, “Dignity Rights: Courts, Constitutions, and the Worth of the Human Person”

This October, the University of Pennsylvania Press will publish Dignity Rights: Courts, Constitutions, and the Worth of the Human Person by Erin Daly (Widener University School of Law). The publisher’s description follows.

“Human dignity has a long history. It has been recognized in various religions and has served as the basis for a variety of philosophical outlooks. The essential nature of the concept is sharply debated. Some see it as a paramount constitutional value and a central constitutional right. Others see it as a concept void of any content and having no constitutional use. Against the background of these sharp disputes, Erin Daly’s book comes as a breath of fresh air. It sets before the reader the broad comparative base; points out the key problems that arise; and outlines the principal lines of thought and their development. . . . It treats all of these matters comprehensively and clearly, making an important and original contribution.”—From the Forward by Aharon Barak

The right to dignity is now recognized in most of the world’s constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees.

Dignity Rights is the first book to explore the constitutional law of dignity around the world. Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies.