Tag Archives: Comparative Law and Religion

Conference at KUL (Lublin, Poland): “The Presence of the Cross in the Public Space of the European States”

JPII Catholic UniversityOn November 12-13, the Faculty of Law, Canon Law, and Administration at John Paul II Catholic University of Lublin (KUL), along with The Polish Catholic Institute “Sursum Corda,” will be hosting an international conference entitled “The Presence of the Cross in the Public Spaces of the European States.” The conference will discuss the legal approaches taken by the European Union and specific member states of the European Union to the issue of religious symbolism in public spaces.

Details can be found here.

 

“Belief, Law and Politics: What Future for a Secular Europe?” (Foblets et al., eds.)

This December, Ashgate Publishing will release “Belief, Law and Politics:  What Future for a Secular Europe?” edited by Marie-Claire Foblets (Max Planck Institute for Social Anthropology, Germany), Katayoun Alidadi (Catholic University of Leuven, Belgium), Jørgen S. Nielsen (University of Copenhagen, Denmark), and Zeynep Yanasmayan (European University Viadrina, Germany).  The publisher’s description follows:

This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.

“Windows onto Jewish Legal Culture” (Ben-Menahem et al., eds.)

Next month, Routledge Press will release “Windows onto Jewish Legal Culture: Fourteen Exploratory Essays” edited by Hanina Ben-Menahem (Hebrew University of Jerusalem), Arye Edrei (Tel Aviv University), and Neil S. Hecht (Boston University School of Law).  The publisher’s description follows:

Windows onto Jewish Legal CultureThis book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure.

Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life.

Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.

“Freedom of Speech and Islam” (Kolig, ed.)

Last month, Ashgate Publishing released “Freedom of Speech and Islam” edited by Erich Kolig (University of Otago). The publisher’s description follows:

Freedom of speech and expression is considered in the West a high public good and an important social value, underpinned by legislative and ethical norms. Its importance is not shared to the same extent by conservative and devout Muslims, who read Islamic doctrines in ways seemingly incompatible with Western notions of freedom of speech. Since the Salman Rushdie affair in the 1980s there has been growing recognition in the West that its cherished value of free speech and associated freedoms relating to arts, the press and media, literature, academia, critical satire etc. episodically clash with conservative Islamic values that limit this freedom for the sake of holding religious issues sacrosanct. Recent controversies – such as the Danish cartoons, the Charlie Hebdo affair, Quran burnings, and the internet film ‘The Innocence of Muslims’ which have stirred violent reactions in the Muslim world – have made the West aware of the fact that Muslims’ religious sensitivities have to be taken into account in exercising traditional Western freedoms of speech.

“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.