More on Markets and Religion

Here at the Forum at elsewhere, my friend Nate Oman (William and Mary Law School) and I have debated the “doux commerce” thesis: the notion that the market, over time, softens disagreements about religion and other deep commitments. It’s a thesis with a proud lineage that goes back to Montesquieu and other Enlightenment figures. Nate is persuaded by the thesis and wrote a very good book about it. I’m less persuaded by the thesis and wrote an article critiquing it. But it’s been a fun and interesting debate.

I was delighted to see that Nate is now the co-editor of a new collection of essays from Routledge that continues the conversation. The book is Democracy, Religion, and Commerce: Private Markets and the Public Regulation of Religion. Nate’s co-editor is Kathleen Flake (University of Virginia). Here’s the description from the Routledge website:

This collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious freedom functioning like market freedom, “free market religion” has achieved the status of general knowledge about the nature of religion as either good or bad. It legislates good religion as that which operates according to free market principles: it is private, with no formal relationship to government; and personal: a matter of belief and conscience. As naturalized elements of historically contingent and discursively maintained beliefs about religion, these criteria have ethical and regulatory force. Thus, in culture and law, the effect of the metaphor has become instrumental, not merely descriptive. This volume seeks to productively complicate and invite further analysis of this easy conflation of democracy, religion, and the market. It invites scholars from a variety of disciplines to consider more intentionally the extent to which markets are implicated and illuminate the place of religion in public life. The book will be a valuable resource for researchers and academics working in the areas of law and religion, ethics, and economics.

Around the Web

Here are some important law-and-religion news stories from around the web:

Birge, “Marriage and the Law in the Age of Khubilai Khan”

In June, the Harvard University Press will release “Marriage and the Law in the Age of Khubilai Khan: Cases from the Yuan dianzhang,” by Bettine Birge (University of Southern California).  The publisher’s description follows:

The Mongol conquest of China in the thirteenth century and Khubilai Khan’s founding of the Yuan dynasty brought together under one government people of 9780674975514-lgdifferent languages, religions, and social customs. Chinese law evolved rapidly to accommodate these changes, as reflected in the great compendium Yuan dianzhang (Statutes and Precedents of the Yuan Dynasty). The records of legal cases contained in this seminal text, Bettine Birge shows, paint a portrait of medieval Chinese family life—and the conflicts that arose from it—that is unmatched by any other historical source.

Marriage and the Law in the Age of Khubilai Khan reveals the complex, sometimes contradictory inner workings of the Mongol-Yuan legal system, seen through the prism of marriage disputes in chapter eighteen of the Yuan dianzhang, which has never before been translated into another language. The text includes court testimony—recorded in the vivid vernacular of people from all social classes—in lawsuits over adultery, divorce, rape, wife-selling, marriages of runaway slaves, and other conflicts. It brings us closer than any other source to the actual Mongolian speech of Khubilai and the great khans who succeeded him as they struggled to reconcile very different Mongol, Muslim, and Chinese legal traditions and confront the challenges of ruling a diverse polyethnic empire.

FitzGerald, “The Evangelicals”

This month, Simon & Schuster release “The Evangelicals: The Struggle to Shape America,” by Frances FitzGerald.  The publisher’s  description follows:

This groundbreaking book from Pulitzer Prize­–winning historian Frances FitzGerald is the first to tell the powerful, dramatic story of the Evangelical movement in America—from the Puritan era to the 2016 presidential election.

the-evangelicals-9781439131336_hrThe evangelical movement began in the revivals of the eighteenth and nineteenth centuries, known in America as the Great Awakenings. A populist rebellion against the established churches, it became the dominant religious force in the country.

During the nineteenth century white evangelicals split apart dramatically, first North versus South, and then at the end of the century, modernist versus fundamentalist. After World War II, Billy Graham, the revivalist preacher, attracted enormous crowds and tried to gather all Protestants under his big tent, but the civil rights movement and the social revolution of the sixties drove them apart again. By the 1980s Jerry Falwell and other southern televangelists, such as Pat Robertson, had formed the Christian right. Protesting abortion and gay rights, they led the South into the Republican Party, and for thirty-five years they were the sole voice of evangelicals to be heard nationally. Eventually a younger generation of leaders protested the Christian right’s close ties with the Republican Party and proposed a broader agenda of issues, such as climate change, gender equality, and immigration reform.

Evangelicals have in many ways defined the nation. They have shaped our culture and our politics. Frances FitGerald’s narrative of this distinctively American movement is a major work of history, piecing together the centuries-long story for the first time. Evangelicals now constitute twenty-five percent of the American population, but they are no longer monolithic in their politics. They range from Tea Party supporters to social reformers. Still, with the decline of religious faith generally, FitzGerald suggests that evangelical churches must embrace ethnic minorities if they are to survive.

Williams, “Indonesia, Islam, and the International Political Economy”

This month, Routledge releases “Indonesia, Islam, and the International Political Economy: Clash or Cooperation?” by Mark Williams (Vancouver Island University).  The publisher’s description follows:

The Republic of Indonesia is a rising great power in the Asia-Pacific, set to become the eighth largest economy in the world in the coming decades. It is the most 9780415788878populous Muslim majority country in the world. The largest Islamic organizations and parties have supported Indonesia’s participation with global markets, but this has not come from an ideological support for capitalism or economic liberalization. Islamic political culture has denounced the injustices caused by global capitalism and its excesses. In fact, support for Indonesia’s engagement with the international political economy is born from political pragmatism, and from Indonesia’s struggles to achieve economic development.

This book examines the role of Islamic identity in Indonesia’s foreign economic relations and in its engagement with the world order. There is no single expression of Islam in Indonesia, the politics espoused by Islamic parties and organizations are far from monolithic. Islamic sentiment has been invoked by the state to justify heinous acts of brutality, as well as by violent, subnational revolutionary groups. However, these expressions of Islam have deviated from the dominant narrative, which is in favour of international cooperation and economic development. Economic exploitation, political alienation, financial volatility, and aggression toward Muslims around the world that has caused some Islamic groups to radicalize. The political culture of Islam in Indonesia is a social force that is helping to foster a peaceful rise for Indonesia. However, a peaceful expression of Islam is not inevitable for the republic, nor can it be assumed that Islamic identity in Indonesia will unwaveringly support the global economic order, regardless of what might occur in global politics.

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.

Thomassen, “British Multiculturalism and the Politics of Representation”

In April, Oxford University Press releases “British Multiculturalism and the Politics of Representation,” by Lasse Thomassen (Queen Mary, University of London).  The publisher’s description follows:

Lasse Thomassen argues that the politics of inclusion and identity should be viewed as struggles over how these identities are represented. He centres thislogoargument through careful analysis of cases from the last four decades of British multiculturalism.

Uses a fresh, poststructuralist approach to reconcile the theoretical and practical issues surrounding inclusion and exclusion – a rare example of how poststructuralism can speak to mainstream concerns and theory

Opens up debates and themes including Britishness, race, the ature and role of Islam in British society, homelessness and social justice

Case studies include public debates about the role of religion in British society; Prime MInisters Gordon Brown and David Cameron>’s contrasting versions of Britishness; legal cases about religious symbols and clothing in schools; and the Nick Hornby novel How to Be Good – most of which have never been covered in such detail before

Examines a number of legal cases: ‘The Queen on the application of Sarika Angel Watkins-Singh v. The Governing Body of Aberdare Girls’ High School and Rhondda Cynon Taf Unitary Authority’, High Court, 2008; ‘Playfoot (a minor), R (on the application of) v Millais School’ High Court 2007; ‘X v Y’, High Court, 2007; and ‘Mandla and another v Dowell Lee and another’, House of Lords, 1983

Johnson, “The Souls of China”

This month, Pantheon Publishing releases “The Souls of China: The Return of Religion After Mao,” by Ian Johnson.  The publisher’s description follows:

“Muslim Students, Education and Neoliberalism” (Haywood & Mac an Ghaill, eds.)

This month, Palgrave Macmillan releases “Muslim Students, Education and Neoliberalism: Schooling a ‘Suspect Community,'” edited by Máirtín Mac an Ghaill (Newman University) and Chris Haywood (Newcastle University).  The publisher’s description follows:

This edited collection brings together international leading scholars to explore why the education of Muslim students is globally associated with radicalisation, Screen Shot 2017-04-06 at 8.35.21 PMextremism and securitisation. The chapters address a wide range of topics, including neoliberal education policy and globalization; faith-based communities and Islamophobia; social mobility and inequality; securitisation and counter terrorism; and shifting youth representations. Educational sectors from a wide range of national settings are discussed, including the US, China, Turkey, Canada, Germany and the UK; this international focus enables comparative insights into emerging identities and subjectivities among young Muslim men and women across different educational institutions, and introduces the reader to the global diversity of a new generation of Muslim students who are creatively engaging with a rapidly changing twenty-first century education system.  The book will appeal to those with an interest in race/ethnicity, Islamophobia, faith and multiculturalism, identity, and broader questions of education and social and global change.

Bradley, “Women and Violence in India”

In February, I.B. Tauris released “Women and Violence in India: Gender, Oppression, and the Politics of Neoliberalism,” by Tamsin Bradley (University of Portsmouth).  The publisher’s description follows:

India’s endemic gender-based violence has received increased international scrutiny and provoked waves of domestic protest and activism. In recent years, related Screen Shot 2017-04-06 at 8.29.47 PMstudies on India and South Asia have proliferated but their analyses often fail to identify why violence flourishes. Unwilling to simply accept patriarchy as the answer, Tamsin Bradley presents new research examining how different groups in India conceptualise violence against women, revealing beliefs around religion, caste and gender that render aggression socially acceptable. She also analyses the role that neoliberalism, and its corollary consumerism, play in reducing women to commodity objects for barter or exchange. Unpacking varied conservative, liberal and neoliberal ideologies active in India today, Bradley argues that they can converge unexpectedly to normalise violence against women. Due to these complex and overlapping factors, rates of violence against women in India have actually increased despite decades of feminist campaigning.

This book will be crucial to those studying Indian gender politics and violence, but also presents new data and methodologies which have practical implications for researchers and policymakers worldwide.