The Legal History Blog has a call for papers for an upcoming conference at the Jagiellonian University in Poland, “Cuius Regio, Eius Religio.” The conference will take place in December 2013. Details are here.
Jackson Jr., “Thin Description: Ethnography and the African Hebrew Israelites of Jerusalem”
In October, Harvard University Press will publish Thin Description: Ethnography and the African Hebrew Israelites of Jerusalem by John Jackson Jr. (University of Pennsylvania). The publisher’s description follows.
The African Hebrew Israelites of Jerusalem are often dismissed as a fringe cult for their beliefs that African Americans are descendants of the ancient Israelites and that veganism leads to immortality. But John L. Jackson questions what “fringe” means in a world where cultural practices of every stripe circulate freely on the Internet. In this poignant and sophisticated examination of the limits of ethnography, the reader is invited into the visionary, sometimes vexing world of the AHIJ. Jackson challenges what Clifford Geertz called the “thick description” of anthropological research through a multidisciplinary investigation of how the AHIJ use media and technology to define their public image in the twenty-first century.
Moving far beyond the “modest witness” of nineteenth-century scientific discourse or the “thick descriptions” of twentieth-century anthropology, Jackson insists that Geertzian thickness is an impossibility, especially in a world where the anthropologist’s subject is a self-aware subject–one who crafts his own autoethnography while critically consuming the ethnographer’s offerings. Thin Description takes as its topic a group situated along the fault lines of several diasporas–African, American, Jewish–and provides an anthropological account of how race, religion, and ethnographic representation must be understood anew in the twenty-first century lest we reenact old mistakes in the study of black humanity.
Bassiouni, “The Shari’a and Islamic Criminal Justice in Time of War and Peace”
Next month, Cambridge University Press will publish The Shari’a and Islamic Criminal Justice in Time of War and Peace by M. Cherif Bassiouni (DePaul University School of Law). The publisher’s description follows.
This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari’a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.
“Just War: Authority, Tradition, and Practice” (Lang et al., eds.)
This July, Georgetown University Press published Just Law: Authority, Tradition, and Practice edited by Anthony F. Lang Jr.
(University of St. Andrews), Cian O’Driscoll (University of Glasgow), and John Williams (Durham University). The publisher’s description follows.
The just war tradition is central to the practice of international relations, in questions of war, peace, and the conduct of war in the contemporary world, but surprisingly few scholars have questioned the authority of the tradition as a source of moral guidance for modern statecraft. Just War: Authority, Tradition, and Practice brings together many of the most important contemporary writers on just war to consider questions of authority surrounding the just war tradition.
Authority is critical in two key senses. First, it is central to framing the ethical debate about the justice or injustice of war, raising questions about the universality of just war and the tradition’s relationship to religion, law, and democracy. Second, who has the legitimate authority to make just-war claims and declare and prosecute war? Such authority has traditionally been located in the sovereign state, but non-state and supra-state claims to legitimate authority have become increasingly important over the last twenty years as the just war tradition has been used to think about multilateral military operations, terrorism, guerrilla warfare, and sub-state violence. The chapters in this collection, organized around these two dimensions, offer a compelling reassessment of the authority issue’s centrality in how we can, do, and ought to think about war in contemporary global politics.
Troy, “Religion and the Realist Tradition: From Political Theology to International Relations Theory and Back”
On September 6, Routledge will publish Religion and the Realist Tradition: From Political Theology to International Relations Theory and Back by Jodok Troy (University of Innsbruck). The publisher’s description follows.
This volume picks up a rather uninvested field of international relations theory: the influence of religion on Realism as well as the power of Realism to address religious issues in world politics. Although classical scholars of Realism rarely mention religion explicitly in their well-known work, this volume suggests that Realism offers serious ground for taking religion and faith into account as well as evaluating the impact of religion on its theoretical framework: how religion and religious worldviews influence and affect the theoretical framework of Realism, and how Realism approach religious issues in international relations as a relatively new field of international studies. Although international relations scholars now widely deal with issues of religion, large portions of the theoretical underpinning are missing. In addressing this lack, the volume illustrates the possibility of reform and change in Realism. Furthermore, the chapters reach out to normative statements. The contributors offer a theoretical view on religion in international relations in the context of Realism but always connect this with actual, real-world related political problems. The volume takes into account not only classical thinkers and approaches of Realism but also present-day authors dealing with ethical and normative questions of international relations in the aftermath of 9/11.
Offering a fresh perspective on the influence of religion on international relations theory, this work will be of great interest to scholars of religion and international relations, international relations theory, and political philosophy.
Biggar, “In Defence of War”
This September, Oxford University Press will publish In Defence of War by Nigel Biggar (University of Oxford). The publisher’s description follows.
Pacifism is popular. Many hold that war is unnecessary, since peaceful means of resolving conflict are always available, if only we had the will to look for them. Or they believe that war is wicked, essentially involving hatred of the enemy and carelessness of human life. Or they posit the absolute right of innocent individuals not to be deliberately killed, making it impossible to justify war in practice.
Peace, however, is not simple. Peace for some can leave others at peace to perpetrate mass atrocity. What was peace for the West in 1994 was not peace for the Tutsis of Rwanda. Therefore, against the virus of wishful thinking, anti-military caricature, and the domination of moral deliberation by rights-talk In Defence of War asserts that belligerency can be morally justified, even though tragic and morally flawed.
Recovering the Christian tradition of reflection running from Augustine to Grotius, this book affirms aggressive war in punishment of grave injustice. Morally realistic in adhering to universal moral principles, it recognises that morality can trump legality, justifying military intervention even in transgression of positive international law-as in the case of Kosovo. Less cynical and more empirically realistic about human nature than Hobbes, it holds that nations desire to be morally virtuous and right, and not only to be safe and fat. And aspiring to practical realism, it argues that love and the doctrine of double effect can survive combat; and that the constraints of proportionality, while real, are nevertheless sufficiently permissive to encompass Britain’s belligerency in 1914-18. Finally, in a painstaking analysis of the Iraq invasion of 2003, In Defence of War culminates in an account of how the various criteria of just war should be thought together. It also concludes that, all things considered, the invasion was justified.
Ferrari & Cristofori, “Freedom of Religion and Belief”
Next month, Ashgate will publish a new volume of Freedom of Religion and Belief by Silvio Ferrari (University of Milan) and Rinaldo Cristofori (University of Milan). The publisher’s description follows.
The essays and articles selected for this volume analyze what is generally understood by freedom of religion and belief in today’s world. The different aspects of this fundamental right are considered from the contents of freedom of religion, to the possible limitations of this freedom; and from the freedom of, or freedom from, conundrum to the question of the collective or individual right. This volume reflects legal, philosophical and international perspectives, addresses numerous unanswered questions and offers an effective overview of the current literature and debate in this aspect of the discipline of law and religion.
Künkler & Stepan (eds.), “Democracy and Islam in Indonesia”
This September, Columbia University Press will publish Democracy and Islam in
Indonesia edited by Mirjam Künkler (Princeton University) and Alfred Stepan (Columbia University). The publisher’s description follows.
Indonesia’s military government collapsed in 1998, igniting fears that economic, religious, and political conflicts would complicate any democratic transition. Yet in every year since 2006, the world’s most populous Muslim country has received high marks from international democracy-ranking organizations. In this volume, political scientists, religious scholars, legal theorists, and anthropologists examine the theory and practice of Indonesia’s democratic transition and its ability to serve as a model for other Muslim countries. They compare the Indonesian example with similar scenarios in Chile, Spain, India, and Tunisia, as well as with the failed transitions of Yugoslavia, Egypt, and Iran. Essays explore the relationship between religion and politics and the ways in which Muslims became supportive of democracy even before change occurred, and they describe how innovative policies prevented dissident military groups, violent religious activists, and secessionists from disrupting Indonesia’s democratic evolution. The collection concludes with a discussion of Indonesia’s emerging “legal pluralism” and of which of its forms are rights-eroding and rights-protecting.
Leustean & Madeley (eds.), “Religion, Politics and Law in the European Union”
This August, Routledge will publish Religion, Politics and Law in the European Union edited by Lucian N. Leustean (Aston U.) and John T.S. Madeley (London School of Economics and Political Science). The publisher’s description follows.
EU enlargement – to countries in Central and Eastern Europe in 2004, the inclusion of Bulgaria and Romania in 2007, and increasing debates on Turkey’s membership – has dramatically transformed the European Union into a multi-religious space. Religious communities are not only shaping identities but are also influential factors in political discourse. This edited volume examines the activities of religious actors in the context of supranational European institutions and the ways in which they have responded to the idea of Europe at local and international levels. By bringing together scholars working in political science, history, law and sociology, this volume analyses key religious factors in contemporary EU architecture, such as the transformation of religious identities, the role of political and religious leaders, EU legislation on religion, and, the activities of religious lobbies.
This book was published as a special issue of Religion, State and Society.
Frick & Müller (eds.), “Islam and International Law”
This July, Martinus Nijhoff Publishers will publish Islam and International Law: Engaging Self-Centrism from a Plurality of Perspectives edited by Marie-Luisa Frick (University of Innsbruck) and Andreas Th. Müller (University of Innsbruck). The publisher’s description follows.
Islam and International Law explores the complex and multi-faceted relationship of international law and Islam both as a religion and a legal order. Current debates on Sharia, Islam and the “West” often suffer from prejudice, platitudes, and stereotypes on both sides. The present book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds. The volume thus brings together 20 contributions from scholars who cover pressing issues in fields such as the use of force in Islamic international law, Islam’s contribution to the development of diplomacy and the rule of law, controversies as to the role of the individual, human rights and international criminal law, as well as Islamic visions of world order in a globalizing world.