Category Archives: Scholarship Roundup

Around the Web This Week

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

Panel Discussion: “Pope Francis: The First Year” (Fordham University School of Law, Oct. 14)

The Institute for Religion, Law and Lawyer’s Work at Fordham University School of Law is hosting an inaugural lecture on its new series, “Pope Francis: the First Year.”  The panel discussion will be held at Fordham Law School on October 14 and RSVPs are required by October 10:

The papacy of Pope Francis has captivated the world. According to Time Magazine’s Nancy Gibbs, “Rarely has a new player on the world stage captured so much attention so quickly—young and old, faithful and cynical—as has Pope Francis. He has placed himself at the very center of the central conversations of our time: about wealth and poverty, fairness and justice, transparency, modernity, globalization, the role of women, the nature of marriage, the temptations of power.”
Fordham Law School’s Institute on Religion, Law and Lawyer’s Work is introducing a new series on Pope Francis and his contribution to religious, policy, and legal conversations. On Oct 14, 2014, the inaugural program in the series will focus on Pope Francis’s first year as leader of the Catholics in the world.

Details can be found here.

“Legal Cases, New Religious Movements, and Minority Faiths” (Richardson & Bellanger eds.)

This October, Ashgate Publishing will release “Legal Cases, New Religious Movements, and Minority Faiths,” edited by James T. Richardson (University of Nevada) and François Bellanger (University of Geneva, Switzerland).  The publisher’s description follows:

Legal Cases, New Religious Movements, and Minority FaithsNew religious movements (NRMs) and other minority faiths have regularly been the focus of legal cases around the world in recent decades. This is the first book to focus on important aspects of the relationship of smaller faiths to the societies in which they function by using specific legal cases to examine social control efforts. The legal cases involve group leaders, a groups’ practices or alleged abuses against members and children in the group, legal actions brought by former members or third parties, attacks against such groups by outsiders including even governments, and libel and slander actions brought by religious groups as they seek to defend themselves. These cases are sometimes milestones in the relation between state authorities and religious groups.

Exploring cases in different parts of the world, and assessing the events causing such cases and their consequences, this book offers a practical insight for understanding the relations of NRMs and other minority religions and the law from the perspective of legal cases. Chapters focus on legal, political, and social implications. Including contributions from scholars, legal practitioners, actual or former members, and authorities involved in such cases from various jurisdictions, this book presents an objective approach to understanding why so many legal actions have involved NRMs and other minority faiths in recent years in western societies, and the consequences of those actions for the society and the religious group as well.

“Religion, Nation and Democracy in the South Caucasus” (Agadjanian et al., eds.)

This October, Routledge Press will release “Religion, Nation and Democracy in the South Caucasus” edited by Alexander Agadjanian (Russian State University), Ansgar Jödicke (University of Fribour, Switzerland), and Evert van der Zweerde (Radbout University of Nijmegen, Netherlands).  The publisher’s description follows:

Religion, Nation and Democracy in South CaucasusThis book explores developments in the three major societies of the South Caucasus – Armenia, Azerbaijan and Georgia – focusing especially on religion, historical traditions, national consciousness, and political culture, and on how these factors interact. It outlines how, despite close geographical interlacement, common historical memories and inherited structures, the three countries have deep differences; and it discusses how development in all three nations has differed significantly from the countries’ declared commitments to democratic orientation and European norms and values. The book also considers how external factors and international relations continue to impact on the three countries.

Int’l Moot Court Competition in Law & Religion (Venice, March 2015)

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Nice Place for a Moot Court Competition

Here’s a great opportunity for law students. The Fondazione Studium Generale Marcianum in Venice (above) is hosting a new, international moot court competition on the subject of law and religion. The competition, which will take place in Venice next March, will draw teams of students from American and European law schools:

The goal of the Moot Court Competition is to bring together in Venice, for a limited period of time and in an intensive way (9-11 March 2015), a group of law school students in order to make them discuss a case with professional jurists. The students, coming from European and American Law Schools, will participate as teams. They will deal with a case at the intersection between law and religion, a central issue for the entire world and indeed a crucial theme for the Marcianum.

The initiative will bring together scholars and students of different backgrounds to have them address the very same case from two different standpoints. Some scholars will sit as the Supreme Court of the United States; some as the European Court of Human Rights. Teams will argue the same case before one of the two boards of judges. After a verdict, a roundtable will gather some scholars to debate the case as well as the way the two moot courts have addressed it.

This approach will give the students an opportunity to measure themselves with a case related to fundamental rights, developing reflective and argumentative skills and, at the same time, it will offer them, and the other participants, the occasion to highlight the different cultural points of view of the two Courts, enhancing the comparative perspective.

I’ll serve as one of the judges on the moot American court, along with Professor Bill Kelley of Notre Dame and Judge Richard Sullivan of the Southern District of New York. Professors Louis-Leon Christians (Catholic University of Louvain), Mark Hill (Cardiff University) and Renata Uitz (Central European University Budapest) will make up the European panel. Professor Silvio Ferrari (Milan) and Brett Scharffs (BYU) will serve as keynote speakers.

For details on the competition, as well as entry requirements, please click here.

Cook, “First Amendment Religious Liberties: Supreme Court Decisions and Public Opinion, 1947-2013″

This month, LFB Scholarly Publishing releases “First Amendment Religious Liberties: Supreme Court Decisions and Public Opinion, 1947-2013” by Tracy L. Cook (Central Texas College). The publisher’s description follows:

Cook analyzes the relationship between Supreme Court decisions and public opinion concerning First Amendment religious liberties. Overall, the Court has issued opinions consistent with public opinion in a majority of its decisions dealing with the First Amendment’s religion clauses, with a level of congruence of almost seventy percent when a clear public opinion expression is present. She also provides a new perspective for understanding the long and contentious debate about prayer in public school by identifying an area of agreement between the Court and public opinion that has not received much attention.

“Secularism on the Edge: Rethinking Church-State Relations in the United States, France, and Israel” (Berlinerblau et al., eds.)

In August, Palgrave Macmillan released “Secularism on the Edge: Rethinking Church-State Relations in the United States, France, and Israel” edited by Jacques Berlinerblau (Edmund A. Walsh School of Foreign Service at Georgetown University), Sarah Fainberg (Tel Aviv University), and Aurora Nou (graduate student at American University). The publisher’s description follows:

What is secularism, and why does it matter? In an era marked by global religious revival, how do countries navigate the presence of faith in the public square? In this dynamic collection of essays, leading scholars from around the world, including Israeli novelist A.B. Yehoshua and French female rabbi Delphine Horvilleur, examine the condition of church-state relations in three pivotal countries: the United States, France, and Israel. Their analyses are rooted in a wide variety of disciplines, ranging from ethnography and demography to political science, gender studies, theology, and law.

Prominent among the points addressed are the crippling nomenclatural confusions that have so hampered not only secularism as a political ideology, but secularism as an academic construct. This reader-friendly volume also offers a critical and nuanced look at how women are impacted by secular governance. Though secularism is often equated with modernity and progress, including with regard to gender equality, our contributors find that the truth is infinitely more complicated.

Lynerd, “Republican Theology”

This September, Oxford University Press released “Republican Theology: The Civil Religion of American Evangelicals” by Benjamin T. Lynerd (Roosevelt University).  The publisher’s description follows:

Republican TheologyWhite evangelicals occupy strange property on the ideological map in America, exhibiting a pronounced commitment to the principle of limited government, and yet making a significant exception for issues relating to personal morality – an exception many observers take to be paradoxical at best. Explanations of this phenomenon usually point to the knotty political alliance evangelicals built with free-market types in the late twentieth century, but sermonic evidence suggests a deeper and longer intellectual thread, one that has pervaded evangelical thought all the way back to the American founding.

In Republican Theology, Benjamin Lynerd offers an historical and theological account of the hybrid position evangelicals have long affected to hold in American culture – as champions of individual liberty and as guardians of American morality. Lynerd documents the development of a resilient, if problematic, tradition in American political thought, one that sees a free republic, a virtuous people, and an assertive Christianity as mutually dependent. Situating the recent rise of the “New Right” within this larger framework, Republican Theology traces the contentious political journey of evangelicals from its earliest moments, laying bare the conceptual tensions built into their civil religion.

Anderson, “Conservative Christian Politics in Russia and the United States”

This October, Routledge Press will release “Conservative Christian Politics in Russia and the United States: Dreaming of Christian Nations” by John Anderson (University of St. Andrews).  The publisher’s description follows:

Conservative Christian PoliticsThis book explores the politics of conservative Christian churches and social movements in Russia and the United States, focusing on their similar concerns but very different modes of political engagement.

Whilst secularisation continues to chip away at religious adherence and practice in Europe, religion is often, quite rightly, seen as an influential force in the politics of the United States, and, more questionably, as a significant influence in contemporary Russia. This book looks at the broad social movement making up the US Christian Right and the profoundly hierarchical leadership of the Russian Orthodox Church as socially conservative actors, and some of the ways they have engaged in contemporary politics. Both are seeking to halt the perceived drift towards a more secular political order; both face significant challenges in handling the consequences of secularism, pluralism and liberal individualism; and both believe that their nations can only be great if they remain true to their religious heritage. In exploring their experience, the book focuses on shared and different elements in their diagnosis of what is wrong with their societies and how this affects their policy intervention over issues such as religious and ethnic belonging, sexual orientation and education.

Drawing on political, sociological and religious studies, this work will be a useful reference for students and scholars of religion and politics, Russian politics and American politics.

David, “Jurisprudence and Theology in Late Ancient and Medieval Jewish Thought”

This month, Springer releases “Jurisprudence and Theology in Late Ancient and Medieval Jewish Thought” by Joseph E. David (University of Oxford). The publisher’s description follows:

The book provides in depth studies of two epistemological aspects of Jewish  Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering.

-   How different are the epistemological concerns of religious-law in comparison to other legal systems?
–   In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions?
–  What specifies legal reasoning and legal knowledge in a religious framework?

The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand, and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework.

The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.