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.

Alidadi, “Religion, Equality and Employment in Europe”

In June, Hart Publishing will release “Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation,” by Katayoun Alidadi (Bryant University).  The publisher’s description follows:

The management of religious and ideological diversity remains a key challenge of our time, deeply entangled with debates about the nature of liberal democracy, 9781509911387equality, social cohesion, minorities and nationalism, foreign policy and even terrorism. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of the workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the work place, particularly when it clashes with other fundamental rights and freedoms? Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion or belief in the workplaces in Europe. In so doing, it draws on the case law of Europe’s two supranational courts, three country studies–Belgium, the Netherlands and the UK–as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significant interest to academics, policy-makers and students interested in a deeper understanding of European and Western inclusion, freedom and equality in a multicultural context.

Teitler, “The Last Pagan Emperor”

In March, the Oxford University Press released “The Last Pagan Emperor: Julian the Apostate and the War against Christianity,” by H.C. Teitler.  The publisher’s description follows:

Flavius Claudius Julianus was the last pagan to sit on the Roman imperial throne (361-363). Born in Constantinople in 331 or 332, Julian was raised as a Christian, but 9780190626501.jpgapostatized, and during his short reign tried to revive paganism, which, after the conversion to Christianity of his uncle Constantine the Great early in the fourth century, began losing ground at an accelerating pace. Having become an orphan when he was still very young, Julian was taken care of by his cousin Constantius II, one of Constantine’s sons, who permitted him to study rhetoric and philosophy and even made him co-emperor in 355. But the relations between Julian and Constantius were strained from the beginning, and it was only Constantius’ sudden death in 361 which prevented an impending civil war.

As sole emperor, Julian restored the worship of the traditional gods. He opened pagan temples again, reintroduced animal sacrifices, and propagated paganism through both the spoken and the written word. In his treatise Against the Galilaeans he sharply criticised the religion of the followers of Jesus whom he disparagingly called ‘Galilaeans’. He put his words into action, and issued laws which were displeasing to Christians–the most notorious being his School Edict. This provoked the anger of the Christians, who reacted fiercely, and accused Julian of being a persecutor like his predecessors Nero, Decius, and Diocletian. Violent conflicts between pagans and Christians made themselves felt all over the empire. It is disputed whether or not Julian himself was behind such outbursts. Accusations against the Apostate continued to be uttered even after the emperor’s early death. In this book, the feasibility of such charges is examined.

“Great Christian Jurists in English History” (Helmholz & Hill, eds.)

In May, the Cambridge University Press will release “Great Christian Jurists in English History,” edited by Mark Hill (FTB Chambers) and R. H. Helmholz (University of Chicago).  The publisher’s description follows:

The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their 9781107190559Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

Around the Web this Week

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

Farrar & Krayem, “Accommodating Muslims under Common Law”

This month, Routledge releases “Accommodating Muslims under Common Law: A Comparative Analysis,” by Salim Farrar (University of Sydney) and Ghena Krayem (University of Sydney).  The publisher’s description follows:

The book explores the relationship between Muslims, the Common Law and Shari’ah post-9/11. The book looks at the accommodation of Shari’ah Law within Western 9780415710466Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith.

Salim Farrar and Ghena Krayem consider the question of recognition of Shari’ah by looking at how the flexibilities that exists in both the Common Law and Shari’ah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Shari’ah is not necessarily one that requires the establishment of a separate and parallel legal system.

“Poverty and Wealth in Judaism, Christianity, and Islam” (Kollar & Shafiq, eds.)

In July, Palgrave Macmillan will release “Poverty and Wealth in Judaism, Christianity, and Islam,” edited by Nathan R. Kollar (St. John Fisher College) and Shafiq Muhammad. The publisher’s description follows:

This book gathers scholars from the three major monotheistic religions to discuss the Screen Shot 2016-05-27 at 12.29.47 AMissue of poverty and wealth from the varied perspectives of each tradition. It provides a cadre of values inherent to the sacred texts of Jews, Christians, and Muslims and illustrates how these values may be used to deal with current economic inequalities.

Contributors use the methodologies of religious studies to provide descriptions and comparisons of perspectives from Judaism, Christianity, and Islam on poverty and wealth. The book presents citations from the sacred texts of all three religions. The contributors discuss the interpretations of these texts and the necessary contexts, both past and present, for deciphering the stances found there. Poverty and Wealth in Judaism, Christianity, and Islam identifies and details a foundation of common values upon which individual and institutional decisions may be made.

“The Encyclopedia of Law and Religion” (Robbers et al, eds.)

In June, Brill Publishing will release “The Encyclopedia of Law and Religion” edited by Gerhard Robbers (Minister of Justice for Consumer Protection of Rhineland-Palatinate (Germany)), and W. Cole Durham, Jr. (Brigham Young University).  The publisher’s description follows:

In recent years, issues of freedom of religion or belief and state-religion relations have become increasingly important worldwide. While some works have treated 54747such issues regionally, the Encyclopedia of Law and Religion is unique in its breadth, covering all independent nations and jurisdictions as well as the major international organizations, treating the relation between law and religion in its various aspects, including those related to the role of religion in society, the relations between religion and state institutions, freedom of religion, legal aspects of religious traditions, the interaction between law and religion, and other issues at the junction of law, religion, and state.

Offered online and in five print volumes – Africa, the Americas, Asia, Europe, Oceania, Special Territories, International Organizations and Index – this work is a valuable resource for religious and legal scholars alike.

New Journal – Call for Papers – Brill Perspectives in Law and Religion

Brill Publishers, in cooperation with the Centre for Law and Religion at Cardiff University, has announced the publication of a new journal, Brill Research Perspectives in Law and Religion.  Brill has also issued a call for papers. The publisher’s description follows:

Legal issues concerning religion increasingly make the news headlines these days. As a result, the intersection of law and religion is today an established but growing field 36835of scholarship worldwide. Just as the burgeoning field whose name it shares, Brill Research Perspectives in Law and Religion seeks better to understand how the phenomena of law and religion interact and to stimulate practical debate on the diverse range of issues involved. The place of religion in society, religious pluralism, the fear of religious extremism, and the terms and limits of religious freedom generate a host of important questions on the interface of law and religion. In response, law and religion scholars themselves recognise the need for interdisciplinary approaches to this developing field. Secular laws on religion, at the international and national levels, as well as their historical, political, philosophical, sociological, and comparative analysis, all form part of the canon of law and religion. Alongside these are the religious laws and other regulatory entities of religious traditions and organisations, all shaped by their distinct theological postures.

Brill Research Perspectives in Law and Religion encourages the publication of studies of the highest quality, for scholarly analysis and for public debate, associated with the regulation of religion in society and the regulation of the internal life of religious traditions. Its primary readership includes academics, researchers, practitioners, policy makers, educators, and graduate and undergraduate students.

Each issue consists of one uniquely focused article of 50-100 pages. To facilitate the efforts of researchers and educators alike, each journal issue will also be available as a book in both print and electronic format.

Brill Research Perspectives in Law and Religion is published in close cooperation with the Cardiff University Centre for Law and Religion.

“Law and Religious Minorities in Medieval Societies” (Echevarria et al, eds.)

In June, Brepols Publishers will release “Law and Religious Minorities in Medieval Societies: Between Theory and Praxis,” edited by Ana Echevarria (UNED, Madrid) Juan Pedro Monferrer-Sala (University of Cordoba), and John V. Tolan (Universit de Nantes). The publisher’s description follows: 

Muslim law developed a clear legal cadre for dhimmīs, inferior but protected non-Muslim communities (in particular Jews and Christians) and Roman Canon law brepols-publishers-logodecreed a similar status for Jewish and Muslim communities in Europe.  Yet the theoretical hierarchies between faithful and infidel were constantly brought into question in the daily interactions between men and women of different faiths in streets, markets, bath-houses, law courts, etc.  The twelve essays in this volume explore these tensions and attempts to resolve them.  These contributions show law was used to attempt to erect boundaries between communities in order to regulate or restrict interaction between faithful and non-faithful—at at the same time how these boundaries were repeatedly transgressed and negotiated.  These essays explore the possibilities and the limits of the use of legal sources for the social historian.
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