Witte & Nichols, “Religion and the American Constitutional Experiment” (4th ed)

In April, Oxford University Press released the fourth edition of Religion and the American 9780190459420Constitutional Experiment, by John Witte, Jr. (Emory) and Joel Nichols (St. Thomas-Minnesota). The publisher’s description follows:

This accessible introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors provide extensive analysis of the formation of the First Amendment religion clauses and the plausible original intent or understanding of the founders. They describe the enduring principles of American religious freedom–liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion–as those principles were developed by the founders and applied by the Supreme Court. Successive chapters analyze the two hundred plus Supreme Court Continue reading

Price, “At the Cross”

In July, the Oxford University Press released “At the Cross: Race, Religion, and Citizenship in the Politics of the Death Penalty” by Melynda J. Price (University of Kentucky College of Law).  The publisher’s description follows:

Curing systemic inequalities in the criminal justice system is the unfinished business of the Civil Rights movement. No part of that system highlights this truth more than the current implementation of the death penalty. At the Cross tells a story of the relationship between the death penalty and race in American politics that complicates the common belief that individual African Americans, especially poor African Americans, are more subject to the death penalty in criminal cases. The current death penalty regime operates quite differently than it did in the past. The findings of this research demonstrate the the racial inequity in the meting out of death sentences has legal and political externalities that move beyond individual defendants to larger numbers of African Americans.

At the Cross looks at the meaning of the death penalty to and for African Americans by using various sites of analysis. Using various sites of analysis, Price shows the connection between criminal justice policies like the death penalty and the political and legal rights of African Americans who are tangentially connected to the criminal justice system through familial and social networks. Drawing on black politics, legal and political theory and narrative analysis, Price utilizes a mixed-method approach that incorporates analysis of media reports, capital jury selection and survey data, as well as original focus group data. As the rates of incarceration trend upward, Black politics scholars have focused on the impact of incarceration on the voting strength of the black community. Local, and even regional, narratives of African American politics and the death penalty expose the fractures in American democracy that foment perceptions of exclusion among blacks.

Serajuddin, “Cases on Muslim Law of India, Pakistan, and Bangladesh”

In September, Oxford University Press released “Cases on Muslim Law of India, Pakistan, and Bangladesh,” by Alamgir Muhammad Serajuddin (University of Chittagong, Bangladesh).   The publisher’s description follows:

Muslim law is an integral part of the South Asian legal system, and case law plays a major role in its interpretation, application, and development. Through a selection of principal judicial decisions and significant fact situations from pre- and post-independent India, Pakistan, and Bangladesh, this volume provides an easy access to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.

The cases discussed cover such diverse areas as sources and interpretation of law, institution of marriage, polygamous marriages, dower, restitution of conjugal rights, talaq, khula, irreconcilable breakdown of marriage, legitimacy, guardianship, and maintenance of wives and divorced wives. Among the important legislations, it covers Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, and Muslim Women Act 1986.

The book also shows how religion-based rules of personal law have been interpreted by secular courts during certain epochs in history and how the trend of interpretation has changed over the last 150 years.

Kleidosty, “The Concert of Civilizations”

In July, Ashgate released “The Concert of Civilizations: The Common Roots of Western and Islamic Constitutionalism,” by Jeremy Kleidosty (University of Jyväskylä, Finland).  The publisher’s description follows:

Are Western and Islamic political and constitutional ideas truly predestined for civilizational clash? In order to understand this controversy The Concert of Civilizations begins by deriving and redefining a definition of constitutionalism that is suitable for comparative, cross-cultural analysis. The rule of law, reflection of national character, and the clear delineation and limitation of governmental power are used as lenses through which thinkers like Cicero, Montesquieu, and the authors of The Federalist Papers can be read alongside al-Farabi, ibn Khaldun, and the Ottoman Tanzimat decrees. Bridging the civilizational divide is a chapter comparing the Magna Carta with Muhammad’sConstitution of Medina, as both documents can be seen as foundational within their traditions. For the first time in political theory, this text also provides a sustained, detailed analysis of Khayr al-Din al-Tunisi’s book The Surest Path, which explains his fusion of Muslim and Western ideas in his writing of Tunisia’s first modern constitution, which is also the first constitution for a majority-Muslim state. Finally, the book discusses the Arab Spring through a brief overview of the revolutions in Egypt, Libya, and Tunisia, and offers some early thoughts about Tunisia’s uniquely successful revolution.

Petro, “After the Wrath of God”

In April, the Oxford University Press released “After the Wrath of God: AIDS, Sexuality, and American Religion,” by Anthony M. Petro (Boston University). The publisher’s description follows:

On a cold February morning in 1987, amidst freezing rain and driving winds, a group of protesters stood outside of the Unitarian Universalist Church in Amherst, Massachusetts. The target of their protest was the minister inside, who was handing out condoms to his congregation while delivering a sermon about AIDS, dramatizing the need for the church to confront the seemingly ever-expanding crisis. The minister’s words and actions were met with a standing ovation from the overflowing audience, but he could not linger to enjoy their applause. Having received threats in advance of the service, he dashed out of the sanctuary immediately upon finishing his sermon. Such was the climate for religious AIDS activism in the 1980s.

In After the Wrath of God, Anthony Petro vividly narrates the religious history of AIDS in America. Delving into the culture wars over sex, morality, and the future of the American nation, he demonstrates how religious leaders and AIDS activists have shaped debates over sexual morality and public health from the 1980s to the present day. While most attention to religion and AIDS foregrounds the role of the Religious Right, Petro takes a much broader view, encompassing the range of mainline Protestant, evangelical, and Catholic groups–alongside AIDS activist organizations–that shaped public discussions of AIDS prevention and care in the U.S. Petro analyzes how the AIDS crisis prompted American Christians across denominations and political persuasions to speak publicly about sexuality–especially homosexuality–and to foster a moral discourse on sex that spoke not only to personal concerns but to anxieties about the health of the nation. He reveals how the epidemic increased efforts to advance a moral agenda regarding the health benefits of abstinence and monogamy, a legacy glimpsed as much in the traction gained by abstinence education campaigns as in the more recent cultural purchase of gay marriage.

The first book to detail the history of religion and the AIDS epidemic in the U.S., After the Wrath of God is essential reading for anyone concerned with the intersection of religion and public health.

“Disagreements of the Jurists” (Stewart, trans. & ed.)

Earlier this year, the New York University Press released “Disagreements of the Jurists: A Manual of Islamic Legal Theory,” by Al-Qadi al-Nuʿman, edited and translated by Devin Stewart (Emory University). The publisher’s description follows:

Al-Qadi al-Nuʿman was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shiʿi system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists.

The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Ismaʿili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila maʿrifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history.  

Sobecki, “Unwritten Verities”

This March, Notre Dame University Press released the fascinating lookingSobecki volume, Unwritten Verities: The Making of England’s Vernacular Legal Culture, 1463-1549, by Sebastian Sobecki (University of Groningen). The publisher’s description follows.

In Unwritten Verities: The Making of England’s Vernacular Legal Culture, 1463-1549, Sebastian Sobecki argues that the commitment by English common law to an unwritten tradition, along with its association with Lancastrian political ideas of consensual government, generated a vernacular legal culture on the eve of the Reformation that challenged the centralizing ambitions of Tudor monarchs, the scriptural literalism of ardent Protestants, and the Latinity of English humanists.

Sobecki identifies the widespread dissemination of legal books and William Caxton’s printing of the Statutes of Henry VII as crucial events in the creation of a vernacular legal culture. He reveals the impact of medieval concepts of language, governance, and unwritten authority on such sixteenth-century humanists, reformers, playwrights, and legal writers as John Rastell, Thomas Elyot, Christopher St. German, Edmund Dudley, John Heywood, and Thomas Starkey. Unwritten Verities argues that three significant developments contributed to the emergence of a vernacular legal culture in fifteenth-century England: medieval literary theories of translation, a Lancastrian legacy of conciliar government, and an adherence to unwritten tradition. This vernacular legal culture, in turn, challenged the textual practices of English humanism and the early Reformation in the following century. Ultimately, the spread of vernacular law books found a response in the popular rebellions of 1549, at the helm of which often stood petitioners trained in legal writing. Informed by new developments in medieval literature and early modern social history, Unwritten Verities sheds new light on law printing, John Fortescue’s constitutional thought, ideas of the commonwealth, and the role of French in medieval and Tudor England.

Munoz, “Religious Liberty and the American Supreme Court: The Essential Cases and Documents, Updated Edition”

In March, Rowman & Littlefield released “Religious Liberty and the American Supreme Court: The Essential Cases and Documents, Updated Edition” by Vincent Phillip Munoz (University of Notre Dame). The publisher’s description follows:

Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Supreme Court is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.

Ford, “Jesus Master of Law”

This January, Xlibris Publishing released “Jesus Master of Law: A Juridical Science of Christianity and the Law of Equity” by Roderick Ford (The Labor Ministry).  The publisher’s description follows:

Jesus Master of LawHere, Jesus of Nazareth is presented as we have never witnessed him before—as a legal advocate, as a jurist, and as an interpreter of the Law of Moses. This bold book is an original and revolutionary conceptualization of Jesus as not only a profound religious thinker but also as a preeminent legal theorist. Here we find in Jesus’s teachings and parables the analytical and moral reasoning, which is the foundation of Anglo-American common law, Western civilization, and modern, worldwide, and secular jurisprudence. Jesus Master of Law reminds us that laws, both secular and sacred, can be applied to achieve justice only when they are interpreted through the proverbial prism of righteous and moral objectives.

“Disagreements of the Jurists” (Stewart, ed.)

This January, New York University Press will release “Disagreements of the Jurists: A Manual of Islamic Legal Theory” edited and translated by Devin Stewart (Emory University).  The publisher’s description follows:

Disagreements of the JuristsAl-Qadi al-Nuʿman was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shiʿi system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists.
The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Ismaʿili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila maʿrifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history.
Follow

Get every new post delivered to your Inbox.

Join 2,493 other followers

%d bloggers like this: