Tag Archives: Comparative Law and Religion

“Religion in the Public Square” (Uitz, ed.)

This September, Eleven International Publishing releases “Religion in the Public Square: Perspectives on Secularism” edited by Renáta Uitz (Central European University).  The publisher’s description follows:

Screen shot 2014-09-24 at 11.04.05 AMWhat is the place of religion and religious convictions in government, politics and in public life – taking into consideration the need to respect the free exercise of religion? In the separation or neutrality paradigm, religious organizations (churches) are expected to stay away from public affairs. But other models of state neutrality and secularity – rooted in historical struggles and influenced by experiences and mistakes – result in differing forms of cooperation between religious organizations and the state.

“The Divine Courtroom in Comparative Perspective” (Mermelstein & Holtz eds.)

This month, Brill releases “The Divine Courtroom in Comparative Perspective” edited by Ari Mermelstein (Yeshiva University) and Shalom E. Holtz (Yeshiva University). The publisher’s description follows:

Contributors to The Divine Courtroom in Comparative Perspective treat one of the most pervasive religious metaphors, that of the divine courtroom, in both its historical and thematic senses. In order to shed light on the various manifestations of the divine courtroom, this volume consists of essays by scholars of the ancient Near East, Hebrew Bible, Second Temple Judaism, early Christianity, Talmud, Islam, medieval Judaism, and classical Greek literature. Contributions to the volume primarily center upon three related facets of the divine courtroom: the role of the divine courtroom in the earthly legal system; the divine courtroom as the site of historical justice; and the divine courtroom as the venue in which God is called to answer for his own unjust acts.

Hambler, “Religious Expression in the Workplace and the Contested Role of Law”

This November, Routledge Press will release “Religious Expression in the Workplace and the Contested Role of Law” by Andrew Hambler (University of Wolverhampton, UK).  The publisher’s description follows:

The workplace is a key forum in which the issue of religion and its position in the public sphere is under debate. Desires to observe and express religious beliefs in the workplace can introduce conflict between employees and employers. This book addresses the role the law plays in the resolution of these potential conflicts.

The book considers the definition and underlying motives of religious expression, and explores the different ways it may impact the workplace. Andrew Hambler identifies principled responses to workplace religious expression within a liberal state and compares this to the law applying in England and Wales and its interpretation by courts and tribunals. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and asks whether there is a case for changing the law to strengthen that protection.

The book will be of great use and interest to scholars and students of religion and the law, employment law, and religion and human rights.

“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.

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.

Where the Queen Prays in Scotland

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Crathie Kirk

As everyone knows, Scotland votes tomorrow on whether to remain part of the United Kingdom. In Scotland last Sunday, Queen Elizabeth made a statement most have interpreted as a commentary on the situation. Scots should think very carefully about the future, she said.

I’m sure the Queen meant that Scots should vote “No.” How could she have meant otherwise? What interests me, though, is that she made the statement after services at Crathie Kirk, a parish of the Church of Scotland. In fact, she regularly worships at Crathie Kirk when she’s in Scotland, at her Balmoral estate.

Now, Queen Elizabeth is the Supreme Governor of the Church of England, the Mother Church of the worldwide Anglican communion. The Church of Scotland is not Anglican, but Presbyterian. Relations between the two churches are cordial (though they have not always been so), but the Queen is not a Presbyterian. She’s an Anglican. So why does she regularly worship in the Scottish Kirk? Are there no Church of England parishes near Balmoral? Couldn’t she fly in a vicar from London?

As far as I can tell, this arrangement is one of those historical accommodations that have ripened into custom. The Treaty of Union of 1707 — the treaty Scots may overturn tomorrow — requires the British Monarch to preserve the Church of Scotland. The Monarch takes an oath to that effect upon accession to the throne. Sometimes the Monarch attends meetings of the Church’s General Assembly. Usually she sends a representative.

It’s thus quite natural for British Monarchs to feel that, whatever their official role in the Church of England, they have a place in the Church of Scotland as well. In the nineteenth century, Queen Victoria caused a scandal when she received communion in the Church of Scotland, but she maintained that as the country’s — that is, Scotland’s — Queen, she had every right to do so. Since then, every reigning Monarch has worshiped at Crathie Kirk.

So, there it is. In England, the Monarch is an Anglican; in Scotland, she prays with the Presbyterians. How very British. I mean that in a good way, and I use the term advisedly. After tomorrow, it may mean something else.

Tas, “Legal Pluralism in Action”

This July, Ashgate Publishing released “Legal Pluralism in Action: Dispute Resolution and the Kurdish Peace Committee” by Latif Tas (University of London). The publisher’s description follows:

Legal Pluralism in ActionThis groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case studies in the context of the customs and practices of the Kurdish community.

Based on an ethnographic and interdisciplinary approach, this book will be of interest to policy makers, socio-legal professionals, students and scholars of legal anthropology, ethnic minority law, transnationalism, diaspora, Kurdish, Turkish and Middle Eastern studies.

“Routledge Handbook of Islam in the West” (Tottoli ed.)

Last month, Routledge Press released “Routledge Handbook of Islam in the West” edited by Roberto Tottoli (Università di Napoli L’Orientale).  The publisher’s description follows:

Routledge HandbookIslam has long been a part of the West in terms of religion, culture, politics and society. Discussing this interaction from al-Andalus to the present, this Handbook explores the influence Islam has had, and continues to exert; particularly its impact on host societies, culture and politics.

Highlighting specific themes and topics in history and culture, chapters cover:

  • European paradigms
  • Muslims in the Americas
  • Cultural interactions
  • Islamic cultural contributions to the Western world
  • Western contributions to Islam

Providing a sound historical background, from which a nuanced overview of Islam and Western society can be built, the Routledge Handbook of Islam in the West brings to the fore specific themes and topics that have generated both reciprocal influence, and conflict.

Presenting readers with a range of perspectives from scholars based in Europe, the US, and the Middle East, this Handbook challenges perceptions on both western and Muslim sides and will be an invaluable resource for policymakers and academics with an interest in the History of Islam, Religion and the contemporary relationship between Islam and the West.

Chalmers & O’Reilly, “The Clergy Sex Abuse Crisis and the Legal Responses”

This September, Oxford University Press will release “The Clergy Sex Abuse Crisis and the Legal Responses” by James T. O’Reilly (University of Cincinnati College of Law) and Margaret S.P. Chalmers (Chancellor of the Personal Ordinariate of the Chair of Saint Peter).  The publisher’s description follows:

Clergy Sex AbuseThe sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion.

In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O’Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church’s legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church’s internal judicial processes interact or clash with the civil pursuit of these cases.

Videos from the Rome Conference on International Religious Freedom and the Global Clash of Values

Here are the videos from June’s conference, “International Religious Freedom and the Global Clash of Values,” which the Center for Law and Religion co-hosted in Rome, together with the St. John’s Center for International and Comparative Law and the Faculty of Law at Libera Università Maria SS. Assunta (LUMSA):

Introduction by Michael Simons, Dean of St. John’s University School of Law

Introduction by Angelo Rinella, Dean of the Faculty of Law at LUMSA

Keynote by Thomas Farr, Director of the Religious Freedom Project at Georgetown University’s Berkley Center

Pasquale Annicchino, Research Fellow at the Robert Schuman Center for Advanced Studies at the European University Institute

Heiner Bielefeldt, United Nations Special Rapporteur on Freedom of Religion or Belief

Hon. Ken Hackett, United States Ambassador to the Holy See

Francisca Pérez-Madrid, Professor of Law at the University of Barcelona

Marco Ventura, Professor of Law at KU Leuven and the University of Siena

Roberto Zaccaria, Professor of Constitutional Law at the University of Florence

Abdullahi Ahmed An-Na’im, Professor of Law at Emory University School of Law

Olivier Roy, Joint Chair of the Robert Schuman Center for Advanced Studies at the European University Institute

Nina Shea, Director of the Center for Religious Freedom at the Hudson Institute

Conference Conclusion by Giuseppe Dalla Torre, Rector of LUMSA