Author Archives: Jessica P. Wright

Around the Web This Week

Some interesting law & religion stories from around the web this week:

Barras, “Refashioning Secularisms in France and Turkey”

9780415821780This month, Routledge publishes Refashioning Secularisms in France and Turkey: The Case of the Headscarf Ban by Amelie Barras (University of Montreal). The publisher’s description follows.

Over the past few years, secularism has become an intrinsic component of discussions on religious freedom and religious governance. The question of whether states should restrict the wearing of headscarves and other religious symbols has been particularly critical in guiding this thought process.

Refashioning Secularisms in France and Turkey documents how, in both countries, devout women have contested bans on headscarves, pointing to how these are inconsistent with the ‘real’ spirit of secularism. These activists argue that it is possible to be simultaneously secular and religious; to believe in the values conveyed by secularism, while still remaining devoted to their faith. Through this examination, the book highlights how activists locate their claims within the frame of secularism, while at the same time revisiting it to craft a space for their religiosity.

Addressing the lacuna in literature on the discourse of devout Muslims affected by these restrictions, this book offers a topical analysis on an understudied dimension of secularism and is a valuable resource for students and researchers with an interest in Religion, Gender Studies, Human Rights and Political Science.

Hamid, “Temptations of Power”

9780199314058_450Next month, Oxford University Press will publish Temptations of Power: Islamists and Illiberal Democracy in a New Middle East by Shadi Hamid (Brookings Doha Center). The publisher’s description follows.

In 1989, Francis Fukuyama famously declared that we had reached “the end of history,” and that liberal democracy would be the reigning ideology from now on. But Fukuyama failed to reckon with the idea of illiberal democracy. What if majorities, working through the democratic process, decide they would rather not accept gender equality and other human rights norms that Western democracies take for granted? Nowhere have such considerations become more relevant than in the Middle East, where the Arab uprisings of 2011 swept the Muslim Brotherhood and other Islamist parties into power. Since then, one question has been on everyone’s mind: what do Islamists really want?

In Temptations of Power, noted Brookings scholar Shadi Hamid draws on hundreds of interviews with Islamist leaders and rank-and-file activists to offer an in-depth look at the past, present, and future of Islamist parties across the Arab world. The oldest and most influential of these groups, the Muslim Brotherhood, initially dismissed democracy as a foreign import, but eventually chose to participate in Egyptian and Jordanian party politics in the 1980s. These political openings proved short-lived. As repression intensified, though, Islamist parties did not — as one may have expected — turn to radicalism. Rather, they embraced the tenets of democratic life, putting aside their dreams of an Islamic state, striking alliances with secular parties, and reaching out to Western audiences for the first time.

When the 2011 revolutions took place, Islamists found themselves in an enviable position, but one they were unprepared for. Up until then, the prospect of power had seemed too remote. But, now, freed from repression and with the political arena wide open, they found themselves with an unprecedented opportunity to put their ideas into practice across the region. Groups like the Brotherhood combine the features of political parties and religious movements. However pragmatic they may be, their ultimate goal remains the Islamization of society and the state. When the electorate they represent is conservative as well, they can push their own form of illiberal democracy while insisting they are carrying out the popular will. This can lead to overreach and, at times, significant backlash, as the tragic events in Egypt following the military takeover demonstrated.

While the coup and the subsequent crackdown were a devastating blow for the Islamist “project,” premature obituaries of political Islam, a running feature of commentary since the 1950s, usually turn out to be just that – premature. In countries as diverse as Tunisia, Libya, Syria, Egypt, and Yemen, Islamist groups will remain an important force whether in the ranks of opposition or the halls of power.

Drawing from interviews with figures like ousted Egyptian president Mohammed Morsi, Hamid’s account will serve as an essential compass for those trying to understand where the region’s varied Islamist groups have come from, and where they might be headed.

Around the Web This Week

Some interesting law & religion stories from around the web this week:

Junker-Kenny, “Religion and Public Reason”

9783110347326This March, De Gruyter published Religion and Public Reason: A Comparison of the Positions of John Rawls, Jürgen Habermas and Paul Ricoeur by Maureen Junker-Kenny (Trinity College, Dublin). The publisher’s description follows.

This book compares three approaches to public reason and to the public space accorded to religions: the liberal platform of an overlapping consensus proposed by John Rawls, Jürgen Habermas’s discourse ethical reformulation of Kant’s universalism and its realization in the public sphere, and the co-founding role which Paul Ricoeur attributes to the particular traditions that have shaped their cultures and the convictions of citizens.

The premises of their positions are analysed under four aspects: (1) the normative framework which determines the specific function of public reason; (2) their anthropologies and theories of action; (3) the dimensions of social life and its concretization in a democratic political framework; (4) the different views of religion that follow from these factors, including their understanding of the status of metaphysical and religious truth claims, and the role of religion as a practice and conviction in a pluralist society. Recent receptions and critiques in English and German are brought into conversation: philosophers and theologians discuss the scope of public reason, and the task of translation from faith traditions, as well as the role they might have in the diversity of world cultures for shaping a shared cosmopolitan horizon.

Johnson & Vanderbeck, “Law, Religion and Homosexuality”

9780415832687This May, Routledge will publish Law, Religion and Homosexuality by Paul Johnson (University of York) and Robert Vanderbeck (University of Leeds). The publisher’s description follows.

Law, Religion and Homosexuality is the first book-length study of how religion has shaped, and continues to shape, legislation that regulates the lives of gay men and lesbians. Through a systematic examination of how religious discourse influences the making of law – in the form of official interventions made by faith communities and organizations, as well as by expressions of faith by individual legislators – the authors argue that religion continues to be central to both enabling and restricting the development of sexual orientation equality. Whilst some claim that faith has been marginalized in the legislative processes of contemporary western societies, Johnson and Vanderbeck show the significant impact of religion in a number of substantive legal areas relating to sexual orientation including: same-sex sexual relations, family life, civil partnership and same-sex marriage, equality in employment and the provision of goods and services, hate speech regulation, and education. Law, Religion and Homosexuality demonstrates the dynamic interplay between law and religion in respect of homosexuality and will be of considerable interest to a wide audience of academics, policy makers and stakeholders.

Through the Jaffa Gate: A Photo Essay

Last month, CLR Student Fellow Jessica Wright ’14 traveled to Israel, where she considered the religious, legal, and political issues that continue to divide the country and region. The following is her photo essay from Jerusalem. To see the slide show, please click on the first image.

All photos by Jessica Wright, Canon EOS 700D and Leica M3 (please do not use photos without permission).

Around the Web This Week

Some interesting law & religion stories from around the web this week:

Reichberg & Syse (eds.), “Religion, War, and Ethics”

9780521738279Next month, Cambridge University Press will publish Religion, War, and Ethics: A Sourcebook of Textual Traditions edited by Gregory M. Reichberg (International Peace Research Institute, Oslo) and Henrik Syse (Peace Research Institute). The publisher’s description follows.

Religion, War, and Ethics is a collection of primary sources from the world’s major religions on the ethics of war. Each chapter brings together annotated texts – scriptural, theological, ethical, and legal – from a variety of historical periods that reflect each tradition’s response to perennial questions about the nature of war: When, if ever, is recourse to arms morally justifiable? What moral constraints should apply to military conduct? Can a lasting earthly peace be achieved? Are there sacred reasons for waging war, and special rewards for those who do the fighting? The religions covered include Sunni and Shiite Islam; Judaism; Roman Catholic, Eastern Orthodox, and Protestant Christianity; Theravada Buddhism; East Asian religious traditions (Confucianism, Shinto, Japanese and Korean Buddhism); Hinduism; and Sikhism. Each section is compiled by a specialist, recognized within his or her respective religious tradition, who has also written a commentary on the historical and textual context of the passages selected.

Balala, “Islamic Finance and Law”

islamic-finance-and-law-theory-and-practice-in-a-globalized-worldNext month, I.B. Tauris will publish Islamic Finance and Law: Theory and Practice in a Globalized World by Maha-Hanaan Balala (Oxford). The publisher’s description follows.

Islamic commercial and financial practice has not experienced the trial-and-error style of development that has characterized the development of the common law in the English-speaking world. Many of the principles, rules and practices prevalent in the Islamic law of contract, commerce, finance and property remain the same as those outlined by the Quran and the Prophet Muhammad, and expounded by scholars of jurisprudence as far back as the 13th century, despite the advancement in time and sophistication of commercial interaction. Hanaan Balala here demonstrates how, in order to bridge the gap between the principles outlined by the Quran and the Prophet in the 7th century and commercial practice in the 21st century, Islamic finance jurisdictions need to open themselves to learning from the experience (including the mistakes) of the English common law. “Islamic Finance and Law: Theory and Practice in a Globalized World” provides an analysis of the fundamental principles underlying the Islamic law of contract and commercial practice in comparison with their equivalents in common law in the English-speaking world. It seeks to draw parallels (and differences where appropriate) to facilitate the growth and development of Islamic commercial and financial law globally.