Greenawalt, “When Free Exercise and Nonestablishment Conflict”

In May, Harvard University Press will release When Free Exercise and Nonestablishment Conflict by Kent Greenawalt (Columbia University). The publisher’s description follows:

When Free Exercise and Nonestablishment ConflictThe First Amendment to the United States Constitution begins: “Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them.

If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided?

When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.

Imhoff, “Masculinity and the Making of American Judaism”

This month, Indiana University Press releases Masculinity and the Making of American Judaism by Sarah Imhoff (Indiana University). The publisher’s description follows:

MasculinityHow did American Jewish men experience manhood, and how did they present their masculinity to others? In this distinctive book, Sarah Imhoff shows that the project of shaping American Jewish manhood was not just one of assimilation or exclusion. Jewish manhood was neither a mirror of normative American manhood nor its negative, effeminate opposite. Imhoff demonstrates how early 20th-century Jews constructed a gentler, less aggressive manhood, drawn partly from the American pioneer spirit and immigration experience, but also from Hollywood and the YMCA, which required intense cultivation of a muscled male physique. She contends that these models helped Jews articulate the value of an acculturated American Judaism. Tapping into a rich historical literature to reveal how Jews looked at masculinity differently than Protestants or other religious groups, Imhoff illuminates the particular experience of American Jewish men.

“Christianity and the Roots of Morality” (Luomanen et al, eds.)

In May, Brill Publishers will release Christianity and the Roots of Morality: Philosophical, Early Christian and Empirical Perspectives edited by Petri Luomanen (University of Helsinki), Anne Birgitta Pessi (University of Helsinki), and Ilkka Pyysiäinen (University of Helsinki). The publisher’s description follows:

Christianity and the Roots of MoralityWhat is the role of religion, especially Christianity, in morality, pro-social behavior and altruism? Are there innate human moral capacities in the human mind? When and how did they appear in the history of evolution? What is the real significance of Jesus’ teaching in the Sermon on the Mount — does it set up unique moral standards or only crystallize humans’ innate moral intuitions? What is the role of religious teachings and religious communities in pro-social behavior? Christianity and the Roots of Morality: Philosophical, Early Christian and Empirical Perspectives casts light on these questions through interdisciplinary articles by scholars from social sciences, cognitive science, social psychology, sociology of religion, philosophy, systematic theology, comparative religion and biblical studies.

Contributors include: Nancy T. Ammerman, Grace Davie, Jutta Jokiranta, Simo Knuuttila, Kristen Renwick Monroe, Mika Ojakangas, Sami Pihlström, Antti Raunio, Heikki Räisänen (✝), Risto Saarinen, Kari Syreeni, Lauri Thurén, Petri Ylikoski.

Around the Web this Week

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

Gordon, “Atrocity Speech Law”

In May, Oxford University Press will release Atrocity Speech Law: Foundation, Fragmentation, Fruition by Gregory S. Gordon (Chinese University of Hong Kong). The publisher’s description follows:

Atrocity Speech Law.pngHate speech is widely considered a precondition for mass atrocity. Since the rise of international criminal tribunals after World War II and the development of international criminal law, defendants have been prosecuted for individual speech acts connected to gross human rights violations under charges that have coalesced into direct and public incitement to commit genocide; persecution as a crime against humanity; and instigation. The resulting jurisprudence has been fragmented and confused, and existing scholarship has been focused on particular tribunals or situations. The splintered rulings give inadequate notice to would-be hate speakers as to what speech is prohibited, which weakens prevention efforts and leads to inconsistent results. This is especially problematic considering ongoing atrocity speech prosecutions across the International Criminal Tribunal for Rwanda.

This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.

Spickard, “Alternative Sociologies of Religion”

This month, New York University Press releases Alternative Sociologies of Religion:
Through Non-Western Eyes by James V. Spickard (University of Redlands). The publisher’s description follows:

Alternative Sociologies of Religion.jpgAlternative Sociologies of Religion explores what the sociology of religion would look like had it emerged in a Confucian, Muslim, or Native American culture rather than in a Christian one.

Sociology has long used Western Christianity as a model for all religious life. As a result, the field has tended to highlight aspects of religion that Christians find important, such as religious beliefs and formal organizations, while paying less attention to other elements.   Rather than simply criticizing such limitations, James V. Spickard imagines what the sociology of religion would look like had it arisen in three non-Western societies.  What aspects of religion would scholars see more clearly if they had been raised in Confucian China?  What could they learn about religion from Ibn Khaldun, the famed 14th century Arab scholar?  What would they better understand, had they been born Navajo, whose traditional religion certainly does not revolve around beliefs and organizations?
Through these thought experiments, Spickard shows how non-Western ideas understand some aspects of religions–even of Western religions–better than does standard sociology.  The volume shows how non-Western frameworks can shed new light on several different dimensions of religious life, including the question of who maintains religious communities, the relationships between religion and ethnicity as sources of social ties, and the role of embodied experience in religious rituals. These approaches reveal central aspects of contemporary religions that the dominant way of doing sociology fails to notice.  Each approach also provides investigators with new theoretical resources to guide them deeper into their subjects.  The volume makes a compelling case for adopting a global perspective in the social sciences.

Symposium: “What Is To Be Done?” (Washington D.C., Apr. 20)

On April 20, the Religious Freedom Institute and the Center for Ethics and Culture at the University of Notre Dame are hosting a symposium titled “What Is To Be Done?: Responding to the Global Persecution of Christians” at the National Press Club in Washington D.C. as part of the Under Ceasar’s Sword Project. A brief description of the event follows:

what-is-to-be-done-symposiumThis one-day symposium will feature the launch of the report, In Response to Persecution, of the Under Caesar’s Sword Project.

How do Christians respond to persecution? How can the rest of the world exercise solidarity with them? This day-long public symposium will propose concrete recommendations for action in response to these questions. It will feature globally prominent speakers on religious freedom and leading scholars of global Christianity. A highlight will be the launch of the report, In Response to Persecution, which conveys the results of the Under Caesar’s Sword project, the world’s first systematic global investigation of Christian responses to persecution, featuring findings from over 25 of the world’s most repressive countries. In attendance at the symposium will be government officials, business leaders, academics, and religious leaders, as well as representatives of non-governmental, human rights, and news organizations.

More information on the symposium can be found here.

Pratt, “Christian Engagement with Islam”

In May, Brill Publishers will release Christian Engagement with Islam: Ecumenical Journeys since 1910 by Douglas Pratt (University of Waikato). The publisher’s description follows:

brill_logoWhy did the Christian Church, in the twentieth century, engage in dialogue with Islam? What has been the ecumenical experience? What is happening now? Such questions underlie Douglas Pratt’s Christian Engagement with Islam: Ecumenical Journeys since 1910. Pratt charts recent Christian (WCC and Vatican) engagement with Islam up to the early 21st century and examines the ecumenical initiatives of Africa’s PROCMURA, ‘Building Bridges’, and the German ‘Christian-Muslim Theological Forum’, together with responses to the 2007 ‘Common Word’ letter.

Between them, Islam and Christianity represent over half the earth’s population. Their history of interaction, positive and negative, impacts widely still today. Contentious issues remain real enough, yet the story and ongoing reality of contemporary Christian-Muslim engagement is both exciting and encouraging.

Zehr, “The War against al-Qaeda”

In May, Georgetown University Press will release The War against al-Qaeda: Religion, Policy, and Counter-narratives by Nahed Artoul Zehr (Executive Director of the Faith & Culture Center in Nashville). The publisher’s description follows:

The War Against al-Quedia.jpgIn this original and provocative book, Nahed Artoul Zehr explores the theological underpinnings of al-Qaeda and related Islamic movements such as ISIS. She demonstrates how this marginal narrative transformed al-Qaeda from a relatively hierarchical and regional organization to a globalized, decentralized, and diffuse system of networks. She draws connections between religious ideas and strategy in her translation and analysis of leading theoretical and tactical jihad text, The Global Islamic Resistance Call, by Mustafa abu Mus’ ab al-Suri.

Just as importantly, she questions al-Qaeda’s understanding of the Islamic tradition on the use of force, arguing that it reflects a weak understanding of this tradition. More specifically, it is al-Qaeda’s (and related groups’) break with this tradition that is key to an al-Qaeda defeat.

Simultaneously, Zehr critiques the US military and policy establishment as it attempts to offer counter-narratives to the al-Qaeda phenomenon that emphasizes “good Muslims” versus “bad Muslims” in order to embrace a “moderate” form of Islam. According to Zehr, this approach is misguided: it is beyond the US government’s purview and expertise to make such theological claims about Islam. Better, she argues, to note the counter-narratives that are coming from within the Muslim community and other nongovernment institutions interested in moving this work forward.

By refocusing our attention on al-Qaeda’s narrative and the various ways that
it is being contested, the book provides an alternate lens from which to view
al-Qaeda and the al-Qaeda phenomenon for Islamic and US foreign policy scholars and students.

 

Ryrie, “Protestants”

In April, Penguin Random House will release Protestants: The Faith That Made The Modern World by Alec Ryrie (Durham University). The publisher’s description follows: