Happy Easter

 

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The Resurrection (Coptic)

 

To all who celebrate, a very Happy Easter. ΠιχρίςΤος αϥτωΝϥ!

 

Movsesian at William & Mary Law Last Week

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Thanks to Alan Meese and Nate Oman for hosting me last week at a symposium on Nate’s important new book, “The Dignity of Commerce.” (That’s me, above, interacting with the author). I learned a great deal. Nate has been a guest blogger here at the Law and Religion Forum, and it was good to catch up with him and with Alan, and to make some new friends. The symposium will appear later this year.

Around the Web This Week

Here are some interesting stories involving law and religion from this past week:

Around the Web This Week

Here are some interesting stories involving law and religion from this past week:

Around the Web This Week

Here are some interesting stories involving law and religion from this past week:

McCauley, “The Logic of Ethnic and Religious Conflict in Africa”

In March, the Cambridge University Press will release “The Logic of Ethnic and Religious Conflict in Africa,” by John McCauley (University of Maryland, College Park).  The publisher’s description follows:

This book explains why conflicts in Africa are sometimes ethnic and sometimes religious, and why a conflict might change from ethnic to religious even as the 9781107175013opponents remain fixed. Conflicts in the region are often viewed as either ‘tribal’ or ‘Muslim-Christian’, seemingly rooted in deep-seated ethnic or religious hatreds. Yet, as this book explains, those labels emerge as a function of political mobilization. It argues that ethnicity and religion inspire distinct passions among individuals, and that political leaders exploit those passions to achieve their own strategic goals when the institutions of the state break down. To support this argument, the book relies on a novel experiment conducted in Côte d’Ivoire and Ghana to demonstrate that individual preferences change in ethnic and religious contexts. It then uses case illustrations from Côte d’Ivoire, Nigeria, and Sudan to highlight the strategic choices of leaders that ultimately shape the frames of conflict.

Eltantawi, “Shari’ah on Trial”

In April, the University of California Press will release “Shari’ah on Trial: Northern Nigeria’s Islamic Revolution,” by Sarah Eltantawi (Evergreen State College).  The publisher’s description follows: 

In November of 1999, Nigerians took to the streets demanding the re-implementation of shari’ah law in their country. Two years later, 9780520293786many Nigerians supported the death sentence by stoning of a peasant woman for alleged sexual misconduct. Public outcry in the West was met with assurances to the Western public: stoning is not a part of Islam; stoning happens “only in Africa”; reports of stoning are exaggerated by Western sensationalism. However, none of these statements are true.  Shari’ah on Trial goes beyond journalistic headlines and liberal pieties to give a powerful account of how Northern Nigerians reached a point of such desperation that they demanded the return of the strictest possible shari’ah law. Sarah Eltantawi analyzes changing conceptions of Islamic theology and practice as well as Muslim and British interactions dating back to the colonial period to explain the resurgence of shari’ah, with implications for Muslim-majority countries around the world.

Brennan and Brewbaker: Christian Legal Thought

1759303Christianity has a complex relationship to law. It does not prescribe rules of conduct in the way its sister faiths, Judaism and Islam, do. There is no Christian law of inheritance, for example. Yet Christians have reflected on the idea of law, and on Christianity’s role in informing civil law, for centuries. And those reflections have influenced the development of Western law in ways that are undeniable, even in our secular age.

It’s entirely appropriate, therefore, for American law schools to offer courses in Christian Legal Thought. The problem is the lack of good materials–until now. Patrick Brennan (Villanova) and William Brewbaker (Alabama) have just written a new casebook, Christian Legal Thought: Materials and Cases, for use in law school classes. It looks great. Here’s the publisher’s description:

This text examines law and legal institutions through the broad lens of Christian thought, both Catholic and Protestant. The book addresses methodological issues in Christian legal scholarship (What makes legal thought “Christian”?); the relevance of Christian theological doctrines—such as creation, the Christian conception of the human person, the kingdom of God, and the natural and divine laws—for reflection on law; the significance of historical context for Christian legal thought; Christian reflection on important jurisprudential issues and concepts, such as equality, justice, rights, and the rule of law; and Christian perspectives on various legal subjects, such as contracts, torts, and property. The point of the book is less to prescribe what a Christian legal theory should entail in the way of outcomes than to use the Christian faith as a lens through which to understand, and reflect critically upon, law and legal institutions.

Congratulations to Patrick and Bill! Can’t wait to get my copy.

Around the Web This Week

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

Munoz: The Founders and the Natural Right of Religious Free Exercise: A Response

This past autumn, we hosted an online symposium on Vincent Phillip Muñoz‘s new article, “Two Concepts of Religious Liberty.” In this post, Professor Muñoz responds to the comments of the symposium’s participants: 

It’s gratifying when scholars you respect and admire take your work seriously. I am therefore deeply grateful for the symposium hosted by the Center for Law & Religion and to its directors, Mark Movsesian and Marc DeGirolami. I am especially appreciative of the symposium’s participants for their careful readings, probing questions, and thoughtful challenges to my post and the articles on which it was based.

The primary purpose of my recent scholarship has been to recover the American founders’ understanding of the natural right of religious liberty. That investigation is itself a prologue to addressing the more fundamental philosophical question of whether individuals actually do possess by nature a right to religious liberty and, if they do, whether we should adopt the founders’ understanding of it to guide our understanding of political justice.

One can best approach these fundamental questions as they appear in our political and constitutional practice, which right now means addressing the availability of religious exemptions from laws that religious believers find burdensome. That is why my original post focused on Justice Scalia’s Smith opinion. Most of the symposium participants followed my lead and commented on the jurisprudential implications of my natural rights argument. I note this only to clarify that my underlying purpose is not to defend Justice Continue reading

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