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 Read more

Luther’s Endurance

This morning at the Library of Law and Liberty site, I review the Morgan Library’s recent exhibit on the 500th anniversary of the 95 Theses, Martin Luther’s questions about Church teaching that sparked the Protestant Reformation. Although the exhibition doesn’t take sides, expressly, it’s pretty clear that Luther is the hero of their story — and I explain why:

Why does the Morgan favor Luther in his debate with the Church? It’s not because the management is Lutheran. It’s because, whatever the debate within Christianity on Faith versus Works—and both Lutheran and Catholic theology show more nuance than people typically understand—in the secular world, Luther has come to stand for the overthrow of traditional authority in favor of individual subjectivity. We typically mean something very different by “conscience” than he did in that statement at Worms, but his emphasis on individual conviction rather than received wisdom anticipates the preeminence of personal authenticity as a social and political value. That’s why Luther continues to appeal to our wider culture today.

You can read the whole post here.

Around the Web this Week

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

Rabinovich, “Yitzhak Rabin”

In March, Yale University Press will release Yitzhak Rabin: Soldier, Leader, Statesman by Itamar Rabinovich (New York University). The publisher’s description follows:
Yitzhak Rabin.jpgMore than two decades have passed since prime minister Yitzhak Rabin’s assassination in 1995, yet he remains an unusually intriguing and admired modern leader. A native-born Israeli, Rabin became an inextricable part of his nation’s pre-state history and subsequent evolution. This revealing account of his life, character, and contributions draws not only on original research but also on the author’s recollections as one of Rabin’s closest aides.

An awkward politician who became a statesman, a soldier who became a peacemaker, Rabin is best remembered for his valiant efforts to resolve the Israeli-Palestinian conflict and for the Oslo Accords. Itamar Rabinovich provides extraordinary new insights into Rabin’s relationships with powerful leaders including Bill Clinton, Jordan’s King Hussein, and Henry Kissinger, his desire for an Israeli-Syrian peace plan, and the political developments that shaped his tenure. The author also assesses the repercussions of Rabin’s murder: Netanyahu’s ensuing election and the rise of Israel’s radical right wing.

Merry Christmas

frontispiece_to_the_vindication_of_christmas_by_john_taylor_1652
A Vindication of Christmas (1652)

 

For all who celebrate this day, a very Merry Christmas!

Around the Web This Week

Some interesting law and religion news stories from around the web this week:

Four Pieces on Culture Warring–Inevitable, Interminable, Permanent

For one reason or another, a number of people in the blogosphere have been writing culture war posts in the last few days. Perhaps it’s the end of the year, or the looming political changes, or exam avoidance, or just the holiday cheer. For those who are interested, have a look at Mark Tushnet’s recent post, Paul Horwitz’s response, and this rather grim comment by R.J. Snell–all of them culture war related.

But the piece I really want to highlight is alluded to in the Snell post–Philip Rieff’s “The Newer Noises of War in the Second Culture Camp: Notes on Professor Burt’s Legal Fictions,” published in 1991 and in response to Robert Burt’s then-recent book, “Two Jewish Justices: Outcasts in the Promised Land.” I cannot do justice to the entire piece, but here is a fragment that is, in its way, responsive to each of the three posts above:

Let there be fight? And there was. And there is. James Joyce’s pun, on the words of Jewish second world creation, Genesis 1:3, is more than mildly amusing; it gives readers the most exact and concise account I know of the sociological form of culture. Culture is the form of fighting before the firing actually begins. Every culture declares peace on its own inevitably political terms. Unless a culture is defeated politically, as the Jewish was from the Roman conquest to the founding of Israel, it will assert itself politically. A living culture, even one that imitates life by politicizing its cultural impoverishment, works for itself. That cultural work is the matter and manner of disarming competing cultures, inside and outside its previously bounded self. In its disarming manner, a culture makes the ultimate political means of enforcement, armed force, unnecessary….

12) Kulturkampf. The German compound word for the disarming force/form of culture has an awkward English equivalent: culture/struggle. As I remarked in the first note, the punning polemical genius of Joyce brought him closer than any sociologist I know to both the formal fighting sense of culture and its superordinate creative sense. It is in that both/and that the historical task of culture is always and everywhere the same: the creation of a world in which its inhabitants may find themselves at home and yet accommodate the stranger without yielding their habitus to him. Here and now, pluralism has its price: a united front of second against third world assaults [for Rieff’s discussion of first, second, and third worlds, see earlier in the piece], which are often mounted in the name of pluralism.

13) Origins of kulturkampf. Law is the ultimate weapon, before any turn to harder ware, in a kulturkampf. That word first appeared in common German use in the early 1870’s during the struggle of the National Liberal political party to disarm by law the moral/educational authority, and political pulpitry, of a triumphalist Roman Catholic hierarchy, revitalized as it then was by its dogma of papal infallibility in matters of faith and morals. The aim of the National Liberals was to shift the German Catholic imagination away from the church to the state. The Pope responded to newly restrictive laws by forbidding clerical conformity to them. In turn, the state dismissed clerical resisters from their duties and, moreover, suspended their state salaries. Elites of the kulturstaat, both Catholic and Protestant, then learned a fatally rational and enduring lesson: the high price of being other than indifferent to the temptation of opposing the machtstaat.