Posted on by Mark Movsesian

Legal Thought in Eastern Orthodox Christianity

Orthodox Christianity doesn’t receive too much attention in the Western Christian world, including the law-and-religion academy. Mostly, I think, that’s a matter of demography. The numbers of Orthodox Christians in the West are comparatively small, and, consequently, Orthodox Christianity doesn’t figure in many legal debates. But that situation seem to be changing. Earlier this fall, I posted about a new monograph on Orthodox canon law. And here is a new collection of essays from Routledge: Legal Thought and Eastern Orthodox Christianity: The Addresses of Ecumenical Patriarch Bartholomew I. The editors are Norman Doe (Cardiff) and Aetios Nikiforos (Ecumenical Patriarchate), and contributors include Center friends like John Witte, Andrea Pin, Frank Cranmer, Mark Hill, and Christy Green. Looks very interesting. Here’s the publisher’s description:

Ecumenical Patriarch Bartholomew I, the spiritual leader of Eastern Orthodox Christians worldwide, has thought profoundly about the role of law as it applies to the church, to civic life in Europe, to human rights, to religious freedom, and to the environment. In this book, leading scholars across the world reflect critically on the significance of his legal thought for human flourishing, for Christian social teaching, and for Christian unity. His legal thought is summed up in five key public addresses that he has delivered around the world in recent years, on: church law as an ecumenical instrument; the role of religion in a changing Europe; Orthodoxy and human rights; religion and freedom; and climate change, ecumenical imperatives. The collection presents critical reflections on the legal thought in these five important, distinct, and topical fields of human life. Its ten chapters, with two chapters devoted to each of his five addresses, are written by leading scholars across the world from different Christian traditions with expertise in the fields studied. They provide an analysis of the legal thought of the Patriarch, explain its significance legally, theologically, and politically, and propose its unifying value for the whole of global Christianity today. The book will be essential reading for academics and researchers working in the areas of law and religion, legal philosophy, comparative canon law, theology, and ecumenical studies.

Posted on by Mark Movsesian

A New Book on Orthodox Canons

In the debate–mostly friendly nowadays, thankfully–between the Orthodox and Catholic Churches, the importance of canon law has a major place. For the Orthodox, the idea of canon “law” is suspect, since it suggests legalism and an unfortunate focus on abstractions at the expense of economia and the life of the church. That’s why one typically refers to Orthodox “canons” as opposed to “canon law.” For Catholics, the failure to systematize things reflects an unfortunate lack of clarity and logic–and, therefore, a misunderstanding of the proper role of law in promoting justice in the church and in the state as well.

A new book out last month from one of the great figures of Orthodox scholarship, Lewis Patsavos (Holy Cross Greek Orthodox School of Theology), Introduction to Orthodox Canon Law, does use the phrase “canon law” to describe the East’s approach. I’m curious why. But I’m sure the book is worthwhile for anyone seeking to understand more of the Orthodox understanding of these matters. The publisher is Holy Cross Orthodox Press. Here’s its description of the book:

Based on course notes of forty years of teaching, this Introduction to Orthodox Canon Law is a foundational text for students. Chapters cover basic issues for anyone interested in canon law: its sources; the organization, structure, and governance of the Church; the qualifications for ordination, as well as its impediments; and issues of church membership, including reception of non-Orthodox and marriage. Throughout the Introduction, the canonical tradition is presented and thoroughly explained.

Posted on by Mark Movsesian

Law and Religion in Judaism and Christianity

Jews and Christians–or, more correctly, Judaism and Christianity–have been contesting the place and purpose of law for two thousand years. It’s a debate that never exhausts itself, because each religion has defined itself largely as against the other, and law has been one of the central points of controversy. This month, the British publisher, James Clarke & Co., releases an addition to the debate, Law and Religion: Essays on the Place of the Law in Israel and Early Christianity, edited by the late Biblical scholar Barnabas Lindars of the University of Manchester. The book’s introduction indicates that most of the papers date from decades ago, so I’m not sure why the collection is appearing only now. Anyway, the table of contents looks very interesting. Here’s the publisher’s description:

The place of the Law and its relationship to religious observance and faith is a contested topic in the study of both the Old and New Testament. In Law and Religion, members of the Erhardt Seminar group provide an insight into the debate, probing key topics and offering new contributions to the subject. Their essays are grouped into three sections, focusing in turn on the Law’s place in Israelite religion, in the Jesus tradition, and in Paul and the Apostolic tradition.

Thus, the foundation of the connection between law and religion in ancient Israel is explored, along with the decisive influence of the Deuteronomic reform and the radical new understanding now emerging of the later development in Judaism of the New Testament Period. So, also, the contemporary challenge to the conventional picture of Jesus and the Law is addressed, the attitude of Paul is shown in new light, and post-Pauline developments are examined. Readers will find in this symposium a refreshing breadth of opinion on a debate that spans the gamut of disciplines within Biblical studies.

Posted on by Mark Movsesian

Saiman, “Halakhah”

9780691152110_0Ever since we started this center in 2010, one of our primary areas of focus has been comparative religious jurisprudence. It’s a fascinating subject, and one that draws little attention in the American legal academy, even in jurisprudence classes. Several years ago, a group of scholars tried to spark a Religious Legal Theory movement. Our center hosted one of the early conferences, in fact, which produced a number of excellent papers. But the movement seems to have fizzled out, sadly. The academy is a very secular place.

Still, comparative religious jurisprudence is an important object of study. Law figures, in some form, in every religion. But it plays very different roles. In Judaism and Islam, for example, law is the primary means for believers to interact with God–to learn and apply His will for humanity. In these religions, law plays the role that theology, properly understood, does in Christianity. Law is a vehicle for meditating on the divine.

I’m speaking in very broad terms; the subject is quite a bit more complicated. But I’m sure that the new book by our friend and colleague, Chaim Saiman (Villanova), will be a great and helpful addition to the literature in comparative religious jurisprudence. The book is Halakhah: The Rabbinic Idea of Law, from Princeton University Press. Here’s the description from the publisher’s website:

How the rabbis of the Talmud transformed everything into a legal question—and Jewish law into a way of thinking and talking about everything.

Though typically translated as “Jewish law,” the term halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its many detailed rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim that the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law.

In this panoramic book, Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. In the multifaceted world of halakhah where everything is law, law is also everything, and even laws that serve no practical purpose can, when properly studied, provide surprising insights into timeless questions about the very nature of human existence.

What does it mean for legal analysis to connect humans to God? Can spiritual teachings remain meaningful and at the same time rigidly codified? Can a modern state be governed by such law? Guiding readers across two millennia of richly illuminating perspectives, this book shows how halakhah is not just “law” but an entire way of thinking, being, and knowing.

Posted on by Christina Vlahos

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.

Posted on by Liam Ray

Call for Papers: “Law as Religion, Religion as Law”

The Faculty of Law at Hebrew University seeks papers for an upcoming conference, Law as Religion, Religion as Law. Abstracts are due on October 26. The conference itself will be held on June 5-7, 2017. The University’s description of the event follows:

The conventional approach to the relationship between law and religion operates with the assumption that these are two discrete domains, which often clash with one another. This outlook animates public discourse about such basic topics and tropes as the freedom of religion and freedom from religion; religion and human rights; and the competing jurisdiction of civil and religious courts.

A dichotomous account, however, is not the only way to understand the intersection between law and religion. The “Law as Religion, Religion as Law” project will explore a different perspective that considers religion and law as two kinds of orientations or sensibilities; or two alternate ways of structuring reality. From this vantage point, religion and law share similar properties, and arguably have a more symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, and most religions invoke legal categories or terminology. This suggestive blurring of categories is likewise worthy of further inquiry.

Scholars in multiple disciplines (including law, religious studies, philosophy, history, political science and other relevant fields) are invited to propose articles that explore “Law as Religion, Religion as Law,” from a variety of methods and orientations. All accepted abstracts will be invited to write articles and present their research at an international conference that will be held at Jerusalem, Israel, on June 5-7, 2017. Following the conference, the article drafts will be sent for peer review, and if accepted, will be published in a designated volume (published with a leading academic press). We will also accept submissions of article drafts for consideration for publication in this volume from scholars who cannot attend the international conference in Jerusalem.

Further details are available here.

Posted on by Jason Mansmann

Ali, “Modern Challenges to Islamic Law”

In October, Cambridge University Press will release Modern Challenges to Islamic Law by Shaheen Sardar Ali (University of Warwick). The publisher’s description follows:Modern Challenges to Islamic Law.png

The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author’s personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.

Posted on by Liam Ray

“Reclaiming Islamic Tradition” (Kendall & Khan, eds.)

Next month, Edinburgh University Press releases Reclaiming Islamic Tradition: Modern Interpretations of the Classical Heritage, edited by Elisabeth Kendall (Oxford) and Ahmad Khan (Oxford). The publisher’s description follows:

Recent events in the Islamic world have demonstrated the endurance, negReclaiming Islamic Traditionlect and careful reshaping of the classical Islamic heritage. A range of modern Islamic movements and intellectuals has sought to reclaim certain concepts, ideas, persons and trends from the Islamic tradition. This book profiles some of the fundamental debates that have defined the conversation between the past and the present in the Islamic world. Qur’anic exegesis, Islamic law, gender, violence and eschatology are just some of the key themes in this study of the Islamic tradition’s vitality in the modern Islamic world. This book will allow readers to situate modern developments in the Islamic world within the longue durée of Islamic history and thought.

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Cohen, “The Unique Judicial Vision of Rabbi Meir Simcha of Dvinsk”

In May, Academic Stuies Press will release “The Unique Judicial Vision of Rabbi Meir Simcha of Dvinsk: Selected Discourses in Meshekh Hokhmah and Or Sameah” by Yitshak Cohen (Ono Academic College Faculty of Law). The publisher’s description follows:

This book analyzes the exceptional normative impact of R. Meir Simcha Hacohen’s Biblical commentary, Meshekh Hokhmah, and his halakhic commentary, Or Sameah. It examines the reliance of the poskim on R. Meir Simcha’s innovations and hermeneutic methods as well as their view of his interpretations that broadened or narrowed the scope of Maimonides’ rulings. The book explores the broad-based judicial principles underlying R. Meir Simcha’s legal decisions and approach to Jewish law. It further examines how his legal creativity was impacted by metahalakhic principles that guided him in addressing changing historical and social realities. The book also considers R. Meir Simcha’s unique attitudes toward gentiles. His approach attests to his innovativeness and his halakhic moderation, as he tried to rule as leniently as possible on matters concerning non-Jews. In this book, R. Meir Simcha is shown to be a truly influential rabbi whose contributions will long be a source of study and discussion.

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Wei, “Gratian the Theologian”

In March, the Catholic University of America Press will release “Gratian the Theologian” by John C. Wei (law clerk for the U.S. Court of Appeals for the Fifth Circuit). The publisher’s description follows:

Gratian the Theologian shows how one of the best-known canonists of the medieval period was also an accomplished theologian. Well into the twelfth century, compilations of Church law often dealt with theological issues. Gratian’s Concordia discordantium canonum or Decretum, which was originally compiled around 1140, was no exception, and so Wei claims in this provocative book. The Decretum is the fundamental canon law work of the twelfth century, which served as both the standard textbook of canon law in the medieval schools and an authoritative law book in ecclesiastical and secular courts. Yet theology features prominently throughout the Decretum, both for its own sake and for its connection to canon law and canonistic jurisprudence.

This book provides an introduction to and reassessment of three aspects of Gratian’s theology: his use of the Bible and biblical exegesis; his penitential theology; and his handling of the other sacraments and the liturgy. The manuscript discoveries and methodological breakthroughs of the past few decades have rendered older accounts of Gratian’s theology obsolete. This book reappraises Gratian’s theological views and doctrines in light of recent scholarly advances, particularly the discovery of new theological sources that Gratian appears to have known and used and the discovery of the first recension of the Decretum, which differs in significant ways from the considerably longer vulgate text that scholars have traditionally relied upon. In the process, this book also uncovers new evidence concerning Gratian’s intellectual background and milieu and provides new insights into the Decretum’s composition, structure, and development.

Ultimately, this book does more than just enhance our understanding of Gratian the theologian. It also contributes significantly to our knowledge of Gratian the jurist and to the world of theology and law in which he worked.