Call for Panels: Comparative Law, Faith & Religion

The American Society of Comparative Law has announced that the theme of this year’s meeting in Washington in October will be “Comparative Law, Faith & Religion: The Role of Faith in Law.” The Society has issued a call for panels with a deadline of June 1:

Examples of diverse topics that such a conference could address are: (1) historical or modern day attitudes that result in having faith in a legal tradition or developing religious attitudes towards secular texts such as the U.S. constitution; (2) a comparison of secular faith with religious faith in a legal system, perhaps looking at the history and development of western democracies; (3) the role of Christianity in development of common and/or civil law traditions; (4) comparative approaches to legal ethics and the influence of religion on development and implementation of
ethical rules for lawyers and judges; (5) Islamic visions of dispute settlement and the role of Islamic law in modern day commercial arbitration; (6) the role of Catholicism in development of family law in Latin America; (7) Laws of the nation’s secular authority as faithless law; (8) the continuing influence of Hindu “law”; (9) whether there is such a thing as Buddhist law?; (10) the influence of the Talmud on modern western legal systems or (11) the challenge of teaching about religion in a law school setting; etc. Interdisciplinary work is encouraged.

Further details are here.

Ten Napel, “Constitutionalism, Democracy and Religious Freedom”

Classical liberalism was supposed to resolve religious conflict within a society, principally by making religion a private matter and, in compensation, allowing religious communities, within limits, to conduct themselves as they saw fit. Today, the classical liberal model is undergoing a lot of stress, as people, particularly on the left, increasingly question what those limits should be. Hans-Martien ten Napel (Leiden University), one of the most interesting scholars in comparative law and religion today, has a new book, Constitutionalism, Democracy and Religious Freedom: To Be Fully Human (Routledge), that addresses these questions. Here’s the description from the Routledge website:

9781138647152In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.

The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

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.

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.

Idrissa, “The Politics of Islam in the Sahel”

In June, Routledge will release The Politics of Islam in the Sahel: Between Persuasion and Violence by Rahmane Idrissa (University of the Witwatersrand). The publisher’s description follows:

routledge-logo‘Ideologies need enemies to thrive, religion does not’. Using the Sahel as a source of five comparative case studies, this volume aims to engage in the painstaking task of disentangling Islam from the political ideologies that have issued from its theologies to fight for governmental power and the transformation of society. While these ideologies tap into sources of religious legitimacy, the author shows that they are fundamentally secular or temporal enterprises, defined by confrontation with other political ideologies–both progressive and liberal–within the arena of nation states. Their objectives are the same as these other ideologies, i.e., to harness political power for changing national societies, and they resort to various methods of persuasion, until they break down into violence.

The two driving questions of the book are, whence come these ideologies, and why do they–sometimes–result in violence? Ideologies of Salafi radicalism are at work in the five countries of the Sahel region, Burkina Faso, Mali, Niger, (Northern) Nigeria and Senegal, but violence has broken out only in Mali and Northern Nigeria. Using a theoretical framework of ideological development and methods of historical analysis, Idrissa traces the emergence of Salafi radicalism in each of these countries as a spark ignited by the shock between concurrent processes of Islamization and colonization in the 1940s. However, while the spark eventually ignited a blaze in Mali and Nigeria, it has only led to milder political heat in Niger and Senegal and has had no burning effect at all in Burkina Faso. By meticulously examining the development of Salafi radicalism ideologies over time in connection with developments in national politics in each of the countries, Idrissa arrives at compelling conclusions about these divergent outcomes. Given the many similarities between the countries studied, these divergences show, in particular, that history, the behaviour of state leaders and national sociologies matter–against assumptions of ‘natural’ contradictions between religion (Islam) and secularism or democracy.

This volume offers a new perspective in discussions on ideology, which remains–as is shown here–the independent variable of many key contemporary political processes, either hidden in plain sight or disguised in a religious garb.

“Religion, Education and Human Rights” (Sjöborg & Ziebertz, eds.)

In May, Springer will release “Religion, Education and Human Rights: Theoretical and Empirical Perspectives,” edited by Anders Sjöborg (Uppsala University) and Hans-Georg Ziebertz (University of Würzburg).  The publisher’s description follows:

This book examines the interconnectedness between religion, education, and human rights from an international perspective using an interdisciplinary approach. It deals 9783319540689with compulsory or secondary school education in different contexts, as well as higher education, and has as its common theme the multiplicity of secularisms in different national contexts. Presenting rich cases, the contributions include empirical and theoretical perspectives on how international trends of migration and cultural diversity, as well as judicialization of social and political processes, and rapid religious and social changes come into play as societies find their way in an increasingly diverse context. The book contains chapters that present case studies on how confessional or non-confessional Religious Education (RE) at schools in different societal contexts is related to the concept of universal human rights. It presents cases studies that display an intriguing array of problems that point to the role of religion in the public sphere and show that historical contexts play important and different roles. Other contributions deal with higher education, where one questions how human rights as a concept and as discourse is taught and examines whether withdrawing from certain clinical training when in university education to become a medical doctor or a midwife on the grounds of conscientious objections can be claimed as a human right. From a judicial point of view one chapter discerns the construction of the concept of religion in the Swedish Education Act, in relation to the Swedish constitution as well European legislation. Finally, an empirical study comparing data from young people in six different countries in three continents investigates factors that explain attitudes towards human rights.

Ten Napel, “Constitutionalism, Democracy and Religious Freedom”

In May, Routledge will release “Constitutionalism, Democracy and Religious Freedom: To be Fully Human,” by Hans-Martien ten Napel (Leiden University).  The publisher’s description follows:

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly 9781138647152coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.

The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Blasphemy in Denmark

At the First Things site today, I have a post on the current blasphemy controversy in Denmark, which Marc discussed here last week. Prosecutors have brought a blasphemy charge against a man who posted a video of himself burning a copy of the Quran. I don’t favor Quran burning, of course. But I ask why a secular, progressive country like Denmark would bring a blasphemy prosecution in 2017:

The ironies abound. Blasphemy prosecutions are not so unusual in Muslim-majority countries, where they often serve as pretexts for the persecution of Christians and other religious minorities. In fact, this month marks the sixth anniversary of the murder of Shahbaz Bhatti, a Christian Pakistani politician who had criticized that country’s blasphemy laws; his murderers called Bhatti “a known blasphemer.” But blasphemy prosecutions are vanishingly rare in the West. In America, the Supreme Court ruled blasphemy laws unconstitutional in 1952. Most European countries have abolished their blasphemy laws; where such laws continue to exist, they are dead letters.

Moreover, Western countries have made opposing blasphemy laws a major international human rights cause. At the U.N. Human Rights Council, America and its European allies have objected strenuously to so-called “Defamation of Religion” resolutions introduced in recent years by Muslim-majority countries, on the ground that such resolutions encourage local blasphemy laws and stifle free expression. Since 2011, American and European diplomats have convinced proponents to accept a compromise resolution, one that condemns discrimination and the incitement of violence against persons on the basis of religion—a resolution protecting believers, rather than beliefs as such.

For a European government to bring a blasphemy prosecution in 2017, therefore, is incongruous, to say the least. And Denmark is one of the least religious places on the planet. True, it has a state church, to which the large majority of Danes belong. But that is mostly a formal thing. Religious belief and observance are quite low. Fewer than a third of Danes say they believe in God; only about 2 percent go to church each Sunday. And Danish authorities have turned a blind eye to blasphemy in the past. In 1997, for example, someone burned a copy of the Bible on a news broadcast on state television. The government did not file charges.

Why is it legal in Denmark to burn the Bible but not the Quran? You can read the whole post here.

Conference: “Geopolitics of Transnational Law and Religion” (Trento, Italy, Apr. 5-6)

On April 5-6, the Bruno Kessler Foundation in Trento, Italy, will host a conference entitled “Geopolitics of Transnational Law and Religion.” The Foundation’s description of the conference follows; more information, including contact information for the conference organizer, can be found here.

fbk_rgbThe aim of this event is to contextualize current events within the global scenario of culture wars through the frame of legal narrative and geopolitical imagery, in which religious factors and variables play a significant role. Legal orders and conscience-related conflicts are therefore understood in the context of a constantly shifting and fragmenting international legal regime.

Elshimi, “De-Radicalisation in the UK Prevent Strategy”

In March, Routledge will release “De-Radicalisation in the UK Prevent Strategy: Security, Identity and Religion,” by M.S. Elshimi (Royal United Services Institute).  The publisher’s description follows:

This book examines de-radicalisation policy in the UK and addresses the contradictions evident in the conceptualisation and practice of de-radicalisation.

It explores three main themes that touch upon some of the most pressing issues of our 9781138281042day: security, identity and religion. Situated within the Prevent strand of the UK Counter-Terrorism policy and administered by the police through the ‘Channel Programme’, policymakers have promoted de-radicalisation as a vital instrument in the fight against terrorism. Despite the political and legal importance of de-radicalisation as an instrument of counter-terrorism, we continue to know very little about the programme and the profile of individuals who have been de-radicalised, as well as having little or no access to data on the programme. There is also a glaring lacuna in the wider literature regarding the concept, theory, and evidence base for de-radicalisation policies. This book addresses this lacuna and, with the use of data collected from interviews conducted with 27 practitioners, this work reveals the existence of multiple conceptions of de-radicalisation and a number of conceptual features unique to the UK context. Subsequently, the book proposes that de-radicalisation in the UK would be best conceptualised as ‘technologies of the self’. Seen in this way, de-radicalisation is less about tackling terrorism and radicalisation and more about the re-configuring of citizenship, the construction of a mainstream British identity, and the promotion of certain subjectivities in an era of uncertainty about British political identity.

This book will be of much interest to students of critical terrorism studies, de-radicalisation, counter-terrorism, UK politics and security studies in general.

%d bloggers like this: