Tag Archives: Comparative Law and Religion

“Democracy, Culture, Catholicism” (Schuck and Crowley-Buck eds.)

In November, the Fordham University Press will release “Democracy, Culture, Catholicism: Voices from Four Continents,” edited by Michael J. Schuck (Loyola University of Chicago) and John Crowley-Buck (Loyola University of Chicago).  The publisher’s description follows:

Compiling scholarly essays from a unique three-year Democracy, Culture and Catholicism International Research Project, Democracy, Culture, Catholicism richly articulates the diverse and dynamic interplay of democracy, culture, and Catholicism in the contemporary world. The twenty-five essays from four extremely diverse cultures—those of Indonesia, Lithuania, Peru, and the United States—explore the relationship between democracy and Catholicism from several perspectives, including historical and cultural analysis, political theory and conflict resolution, social movements and Catholic social thought.

Mukherji, “Gandhi and Tagore: Politics, Truth and Conscience”

In November, Routledge will release “Gandhi and Tagore: Politics, Truth and Conscience” by Gangeya Mukherji (Mahamati Prannath Mahavidyalaya, India). The publisher’s description follows:

This book brings together the political thought of Gandhi and Tagore to examine the relationship between politics, truth and conscience. It explores truth and conscience as viable public virtues with regard to two exemplars of ethical politics, addressing in turn the concerns of an evolving modern Indian political community.

The comprehensive and textually argued discussion frames the subject of the validity of ethical politics in inhospitable contexts such as the fanatically despotic state and energised nationalism. The book studies in nuanced detail Tagore’s opposition to political violence in colonial Bengal, the scope of non-violence and satyagraha as recommended by Gandhi to Jews in Nazi Germany, his response to the complexity of protest against the Jallianwala Bagh massacre, and the differently constituted nationalism of Gandhi and Tagore. It presents their famous debate in a new light, embedded within the dynamics of cultural identification, political praxis and the capacity of a community to imbibe the principles of ethical politics.

Comprehensive and perceptive in analysis, this book will be a valuable addition for scholars and researchers of political science with specialisation in Indian political thought, philosophy and history.

Gozdecka, “Rights, Religious Pluralism and the Recognition of Difference”

In September, Routledge released “Rights, Religious Pluralism and the Recognition of Difference: Off the Scales of Justice,” by Dorota Anna Gozdecka (Australian National University College of Law).  The publisher’s description follows:

Human rights and their principles of interpretation are the leading legal paradigms of our time. Freedom of religion occupies a pivotal position in rights discourses, and the principles supporting its interpretation receive increasing attention from courts and legislative bodies. This book critically evaluates religious pluralism as an emerging legal principle arising from attempts to define the boundaries of freedom of religion. It examines religious pluralism as an underlying aspect of different human rights regimes and constitutional traditions. It is, however, the static and liberal shape religious pluralism has assumed that is taken up critically here. In order to address how difference is vulnerable to elimination, rather than recognition, the book takes up a contemporary ethics of alterity. More generally, and through its reconstruction of a more difference-friendly vision of religious pluralism, it tackles the problem of the role of rights in the era of diverse narratives of emancipation.

Serajuddin, “Cases on Muslim Law of India, Pakistan, and Bangladesh”

In September, Oxford University Press released “Cases on Muslim Law of India, Pakistan, and Bangladesh,” by Alamgir Muhammad Serajuddin (University of Chittagong, Bangladesh).   The publisher’s description follows:

Muslim law is an integral part of the South Asian legal system, and case law plays a major role in its interpretation, application, and development. Through a selection of principal judicial decisions and significant fact situations from pre- and post-independent India, Pakistan, and Bangladesh, this volume provides an easy access to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.

The cases discussed cover such diverse areas as sources and interpretation of law, institution of marriage, polygamous marriages, dower, restitution of conjugal rights, talaq, khula, irreconcilable breakdown of marriage, legitimacy, guardianship, and maintenance of wives and divorced wives. Among the important legislations, it covers Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, and Muslim Women Act 1986.

The book also shows how religion-based rules of personal law have been interpreted by secular courts during certain epochs in history and how the trend of interpretation has changed over the last 150 years.

Kleidosty, “The Concert of Civilizations”

In July, Ashgate released “The Concert of Civilizations: The Common Roots of Western and Islamic Constitutionalism,” by Jeremy Kleidosty (University of Jyväskylä, Finland).  The publisher’s description follows:

Are Western and Islamic political and constitutional ideas truly predestined for civilizational clash? In order to understand this controversy The Concert of Civilizations begins by deriving and redefining a definition of constitutionalism that is suitable for comparative, cross-cultural analysis. The rule of law, reflection of national character, and the clear delineation and limitation of governmental power are used as lenses through which thinkers like Cicero, Montesquieu, and the authors of The Federalist Papers can be read alongside al-Farabi, ibn Khaldun, and the Ottoman Tanzimat decrees. Bridging the civilizational divide is a chapter comparing the Magna Carta with Muhammad’sConstitution of Medina, as both documents can be seen as foundational within their traditions. For the first time in political theory, this text also provides a sustained, detailed analysis of Khayr al-Din al-Tunisi’s book The Surest Path, which explains his fusion of Muslim and Western ideas in his writing of Tunisia’s first modern constitution, which is also the first constitution for a majority-Muslim state. Finally, the book discusses the Arab Spring through a brief overview of the revolutions in Egypt, Libya, and Tunisia, and offers some early thoughts about Tunisia’s uniquely successful revolution.

International Law and Religion Moot Court: Venice 2016


The Fondazione Marcianum in Venice

The Fondazione Marcianum, a research center in Venice, will hold its second annual international law-and-religion moot court competition this coming March. The competition, which gathers law students from universities around the world, is the only one of its kind: a truly international competition in which students argue a case before panels simulating both the US Supreme Court and the European Court of Human Rights. Full disclosure: I took part as a judge in last year’s competition and found it extremely worthwhile. This year, I’ve helped craft the problem and will deliver one of the keynote addresses.

This year’s problem relates to the establishment of religion — to school prayer, specifically. You can download the problem here. I greatly encourage law students to consider competing. It’s a truly unique educational experience. Any questions, please contact the Fondazione here.

“The Jesuit Suppression in Global Context” (eds. Burson and Wright)

In November, the Cambridge University Press will release “The Jesuit Suppression in Global Context: Causes, Events, and Consequences,” edited by Jeffrey D. Burson (Georgia Southern University) and Jonathan Wright (University of Oxford). The publisher’s description follows:

In 1773, Pope Clement XIV suppressed the Society of Jesus, a dramatic, puzzling act that had a profound impact. This volume traces the causes of the attack on the Jesuits, the national expulsions that preceded universal suppression, and the consequences of these extraordinary developments. The Suppression occurred at a unique historical juncture, at the high-water mark of the Enlightenment and on the cusp of global imperial crises and the Age of Revolution. After more than two centuries, answers to how and why it took place remain unclear. A diverse selection of essays – covering France, Spain, Portugal, Italy, the Netherlands, China, Eastern Europe, and the Americas – reflects the complex international elements of the Jesuit Suppression. The contributors shed new light on its significance by drawing on the latest research. Essential reading on a crucial yet previously neglected topic, this collection will interest scholars of eighteenth-century religious, intellectual, cultural, and political history.

Janssen, “Faith in Public Debate”

In April, Intersentia published “Faith in Public Debate: On Freedom of Expression, Hate Speech and Religion in France and The Netherlands,” by Esther Janssen (University of Amsterdam).  The publisher’s description follows: 

Should a politician be free to fiercely attack the religion of a sector of the population? Should he be allowed to strongly reject the culture of a
 particular minority group? Should religious adherents be allowed to advocate the transition from a democratic to a theocratic state? Should a satirical magazine be free to mock religious figures and practices? These sort of questions concern ‘the place of faith in public debate’ and continue to dominate public discussion that has been fuelled by a series of events, including the terrorist attacks in New York, Madrid and London; the assassination of Dutch film director Theo van Gogh; the affair of the Danish Cartoons; the prosecution of Dutch politician Geert Wilders for his statements on Islam and Muslims; and the terrorist attack on French satirical magazine Charlie Hebdo in Paris.

The overarching question triggered by these events concerns the relationship between freedom of expression and the regulation of ‘hate speech’; which forms of hate speech should the state prohibit, on what grounds and by which means? Notably, the restriction of hate speech uttered in the context of the public debate about multiculturalism, immigration, integration and Islam, and of religious fundamentalism has become a topic of lively discussion.

This research constitutes the first international comparative study that provides a profound analysis of the law on hate speech in France and the Netherlands and under European and international law. It thoroughly examines the national legislation, its drafting history, policy and other legal documents and case law including famous legal cases against Dutch politician Geert Wilders, French politician Jean-Marie Le Pen and le Front National, French comedian Dieudonné and satirical magazine Charlie Hebdo. It also makes reference to the most recent international hate speech literature and discusses its key issues. This book can, thereby, form a source of inspiration for anyone interested or involved in the regulation of hate speech: academics; legislators; judges; prosecutors; politicians; interested citizens; and involved NGO’s and can contribute to the ‘faith in public debate’, by elucidating its possible boundaries.

Greece and the Price of Europe

Alexis Tsipras, head of the anti-bailout Syriza party, speaks during a financial conference in Athens on Tuesday, Dec. 2, 2014.  Tsipras said that Greece’s battered economy could not recover unless the money owed to other Eurozone country’s was cut significantly. The leader of Greece’s popular left-wing opposition says he will demand a massive debt haircut from bailout lenders if his party comes to power in a possible snap election early next year. (AP Photo/Petros Giannakouris)

(AP Photo/Petros Giannakouris)

Last week was a momentous one for the European project. On Monday, the Greek Parliament passed an austerity package that other Eurozone members, especially Germany, had demanded as a condition for considering Greece’s request for an €86 bailout. Negotiations will now begin. How they will end is anybody’s guess.  No one thinks the austerity package itself will solve the economic crisis Greece faces, and pretty much everyone thinks it will lead to years of misery for the nation. Greece already owes creditors an unsustainable €320 billion. But Germany argues that EU rules prohibit any debt reduction for Greece. Perhaps the parties will find a way to extend Greek payments without calling it a debt reduction. I’m sure the lawyers are working on it.

There is plenty of blame to go around. Yes, Greece misled people about the state of its finances when it joined the euro and has spent beyond its means. And the left-wing Syriza government greatly misjudged the mood in Europe and allowed itself to be completely outmaneuvered. But the banks that made the loans should have known Greece was in no position to pay. Having collected their commissions, they passed the debts to national governments–privatized gains and socialized losses–and walked away. As for those national governments, they should have known a common currency without a common fiscal policy was an unworkable proposition. They ignored this truth in pursuit of the illusion of a common Europe, extending from Scandinavia to the Mediterranean and from the Atlantic to the Black Sea. Greece is now paying the price for that illusion.

All this has been said before. But I’d like to draw attention to a small element of the austerity package Greece’s creditors demanded, one that has largely escaped notice. Under the terms of the package, in order to stimulate commerce, Greece will have to repeal its restrictions on Sunday store openings. From now on, nationwide, Sunday will be a shopping day. (Two years ago, Athens allowed Sunday shopping in 10 tourist areas, a move that led to protests). Presumably, Greeks will respond by buying and selling and generally growing their economy. The increased tax revenues will allow Greece to pay some of its debt. And repeal of anti-liberal Sunday closing laws will allow Greece to create a rational European economy, like Germany’s—though, ironically, German stores are closed Sundays.

We Americans are likely to view this matter as trivial. In America, as Robert Louis Wilken once wrote, the only thing that distinguishes Sunday from other days of the week is that the malls open a little later. Besides, a country can’t be pre-modern forever. Sunday closing laws are hopelessly old-fashioned and illiberal. If Greeks want to stay home on Sundays, they can; but people should be able to shop if they want to.  Resistance probably comes from interest groups that oppose free competition.

But Greece isn’t America or Germany, or at least it didn’t want to be, and the reform is indicative of a larger issue. The Sunday closing laws reflected the fact that Greece had values in addition to the market. Greece has had a tradition of Sunday closings to allow people to spend time with family and attend church. (Sure, lots of people watch football instead, but that’s a different matter. Hypocrisy is the tribute vice pays to virtue). The ban on Sunday trading acknowledged that Greece is an Orthodox Christian country, with its own rhythms and ways of life. No matter. In Europe today, if it’s a choice between religious and cultural traditions, on the one hand, and commerce, on the other, commerce wins.  That’s the economically sound choice.

I don’t suppose there’s anything to be done. Greece is in a terrible situation and needs to find a way out. And I know it’s a small matter, compared to the other hardships Greeks will have to bear. But something important is being lost. To be part of the European project, apparently, a country must do whatever it can to become a secular, consumerist, market-oriented place—Sundays included. Localized cultures that stand in the way of economic rationality must recede. Perhaps that’s the inevitable logic of modernity. But it’s not an image the Christian Democratic founders of Europe like Konrad Adenauer and Robert Schuman would have recognized.

“Religion, Politics and Nation-Building in Post-Communist Countries” (Simons & Westerlund, eds.)

In March, Ashgate released “Religion, Politics and Nation-Building in Post-Communist Countries,” edited by Greg Simons (Uppsala University) and David Westerlund (Södertörn University). The publisher’s description follows:

The increasing significance and visibility of relationships between religion and public arenas and institutions following the fall of communism in Europe provide the core focus of this fascinating book. Leading international scholars consider the religious and political role of Christian Orthodoxy in the Russian Federation, Romania, Georgia and Ukraine alongside the revival of old, indigenous religions, often referred to as ‘shamanistic’ and look at how, despite Islam’s long history and many adherents in the south, Islamophobic attitudes have increasingly been added to traditional anti-Semitic, anti-Western or anti-liberal elements of Russian nationalism. Contrasts between the church’s position in the post-communist nation building process of secular Estonia with its role in predominantly Catholic Poland are also explored.

Religion, Politics and Nation-Building in Post-Communist Countries gives a broad overview of the political importance of religion in the Post-Soviet space but its interest and relevance extends far beyond the geographical focus, providing examples of the challenges in the spheres of public, religious and social policy for all transitional countries.