On Thursday, I’ll be appearing on a panel at the annual ICON-S conference on Public Law, to be held this year at New York University. The conference is sponsored by the International Journal of Constitutional Law, and draws scholars from around the world. My panel, “The Foundation of an Uncertain Law,” will discuss Cambridge’s new collection of commentary on the jurisprudence of Pope Benedict XVI, Pope Benedict XVI’s Legal Thought: A Dialogue on the Foundation of Law (Cartabia & Simoncini eds. 2014). Other panelists include Michel Rosenfeld (Yeshiva), Ran Hirschl (Toronto), and John Garvey (Catholic University of America). The panel will be moderated by Sabino Cassese, formerly of the Italian Constitutional Court. CLR Forum readers at the conference, please stop by and say hello!
The Dignitatis Humanae Colloquium will be held from October 30 through November 1 in Norcia, Italy.
December 2015 marks the 50th anniversary of the most controversial document of the Second Vatican Council, the ‘Declaration on Religious Freedom’, Dignitatis Humanae. Ever since its promulgation, it has been the subject of prolonged and often impassioned debate. What precisely does it teach? What is its authority? How can it be reconciled with the Church’s teaching about the kingship of Christ and the duties of Catholic statesmen? Scholars from all over the world will be meeting in Norcia this autumn, in the presence of Cardinal Raymund Burke, to discuss these vital questions.
Apropos of Mark’s excellent post below, our friend Tom Berg has the details here of a very interesting conference at Cambridge University this fall concerning patent law and religion. Looks fascinating. I’ve reproduced the conference description below.
With the explosion of genetic technology and the drive to access and make use of genetic resources, the issues surrounding the patenting of living things and living material–human, animal, and plant–have become tremendously complex and important. What is the line between patentable scientific creations and unpatentable features of nature? What effects do patents on human genes, or on genetically modified crops, have on people in poverty or in developing countries? What is a fair allocation of indigenous genetic resources among traditional peoples and multinational corporations? What role should moral objections to particular technologies play in determining whether they can be patented? And what do religious insights have to offer on these legal, moral, and social questions?
I was very pleased to take part in a conference yesterday at Columbia Law School honoring my old master, Kent Greenawalt, and 50 years of his teaching and writing. Together with Paul Horwitz and Andy Koppelman, I was on a panel involving church and state. Subsequent panels followed on free speech and legal interpretation (chiefly statutory interpretation, which has been Kent’s primary focus historically). I took the liberty of saying something about criminal law as well, yet another area in which Kent has made major contributions, including as one of Hebert Wechsler’s colleagues in revising the Commentaries to the general part of the Model Penal Code. Paul has a nice post on the event.
Here’s a quote of Kent’s I found in a piece written about a decade ago: “Criminal law scholars are much more divided about desirable approaches than they were in the 1950s, and even among centrist scholars, no one person now has the distinctive stature that Herbert Wechsler enjoyed.” Some of my comments considered and adapted that general thought in the context of law and religion scholarship today, where it is also apt for various reasons.
Just three additional notes from the panels. First, on the speech panel, there was some interesting discussion about the plausibility of the Austinian idea of performative utterances (a concept used and applied by Kent in this book)–whether the distinction between performative and non-performative speech holds up, or whether all utterances are in some way performative and so we need instead to focus on the quality of the performative speech at issue (threats of violence are different for regulatory purposes than a comment at an academic conference, though there may not be a big difference for performance purposes). Second, on the legal interpretation panel, Fred Schauer criticized the notion that “public meaning” cannot be ascertained without recourse to someone’s intentions (I believe Larry Alexander among others holds something like the opposite view), though of course one need not subscribe to original public meaning in order to believe that public meaning is coherent. Third, I had never quite realized (though I guess I should have) just how much sympathy Jeremy Waldron has for textualism. Jeremy talked about a seminar in statutory interpretation that he and Kent ran in the late 1990s and it was clear how much they differed in their respective approaches (and how much they enjoyed the debate). Jeremy’s talk included 12 ways in which legislation is qualitatively different from other group expression. One of the 12 was that legislation is “dangerous,” which I thought was an interesting thing to say.
The International Center for Law and Religion Studies and the Oxford Journal of Law and Religion will host the 2015 Oxford Conference next month. This year’s theme is “Magna Carta and Freedom of Religion or Belief.” Here’s a description:
The International Center for Law and Religion Studies, in cooperation with the Oxford Journal of Law and Religion, is hosting its 2015 Oxford Conference, June 21-24, 2015, at St. Hugh’s College, Oxford. The event will begin with dinner on Sunday evening and continue with presentations on Monday addressing the conference theme, Magna Carta and Freedom of Religion or Belief. On Tuesday, participants will visit Runnymede and locations in London, with dinner at Inner Temple, featuring keynote speaker Rt Hon Lord Igor Judge. On Wednesday, all participants are invited to join, once again at St. Hugh’s College, in the Oxford Journal of Law and Religion Academy.
For further details, click here.
I’m delighted to be participating over the next couple of days in this year’s John F. Scarpa Conference on Law, Politics, and Culture at Villanova Law School: Catholic Legal Theory: Aspirations, Challenges, and Hopes. My subject is “Tradition and Catholic Legal Theory.”
I’m delighted to announce that I’ll be a speaker at the Hudson Institute’s upcoming conference, “The Islamic State’s Religious Cleansing and the Urgency of the Strategic Response,” scheduled for May 7 in New York. The conference will be lead by Cardinal Timothy Dolan and Professor Walter Russell Mead; other speakers include Kirsten Powers and Samuel Tadros. Here’s a description:
Nearly a year after the Islamic State swept through northern Iraq and enforced its convert-or-die ultimatum, tens of thousands of Iraqi Christians and members of other ancient religions remain in encampments in Kurdistan and neighboring countries. They subsist on international humanitarian aid and their children lack access to education. Many are losing hope of ever returning to their homes and, with few options to resettle within the region, many are seeking to leave.
Is there any hope that these Christians and other religious minorities can remain in the Middle East?
I’ll be on the first panel, “Genocide and Crimes Against Humanity: the Islamic State’s Impact on Vulnerable Religious Minority Communities.”
For the conference schedule and information about registration, please click here.
On April 20, the Jewish Center in New York will host its annual Hanno Mott Lecture on Jewish Ethics. This year’s lecture is entitled “How Should Our Faith Inform The Laws of A Liberal Democracy?” The lecture will feature a conversation between Israeli Supreme Court Justice Elyakim Rubinstein, Professor Robert George (Princeton University), and Professor Michael Helfand (Pepperdine University School of Law):
The Annual Hanno Mott Lecture on Jewish Ethics is dedicated to exploring the intersection of Jewish Law and secular ethics . Previous lectures have addressed the End of Life debate and the religious and social implication of cloning. This years lecture will highlight Supreme Court decisions both in America and Israel that directly confront religious values in Liberal Democracies and what the relationship between these two modalities should be. This event is free and open to the public.
Details and registration can be found here.
The National Center for Collective Bargaining in Higher Education and the Professions will host its Annual National Conference on “Thinking about Tomorrow: Collective Bargaining and Labor Relations in Higher Education” at the CUNY Graduate Center from April 19-21. St. John’s Law’s Professor David Gregory will moderate one of the conference’s panels, “Catholic Colleges and Universities: Collective Bargaining and NLRB Jurisdiction.” Get more information and register here.
The Faculty of Law at the National University of Singapore is soliciting papers for its upcoming conference, “Regulating Religion: Normativity and Change at the Intersection of Law and Religion.” The conference will be held December 14-15, 2015. A description of the conference follows:
In most eras and cultures, law and religion relate dialectically. Every major religious tradition strives to come to terms with law by striking a balance between the worldly and the spiritual, the structural and the mystical, the rational and the sacred. Every major legal tradition struggles to align its formal structures and processes with the beliefs and values of its people. Thus, while law and religion can be conceptualized as distinct spheres of human life, they do not exist independently but are constantly interacting with and influencing each other.
This workshop will engage emerging scholarship on the influence of religion on legal systems, both historically and currently, and vice versa. Regulation is our key focus. In simplest terms, we will consider how law regulates religion, and how religion responds to such regulations. The more complex question we ask is how the normativity becomes diversified and drives the regulatory dialectics between law and religion after the institutional development of the latter two. The workshop seeks to approach this question in three streams:
- Socio-political norms regulating religion. What social and political assumptions are we making when we make claims about the legitimate role of religion in public debate? What overarching social and political goals underlie how the law deals with issues of freedom of religion and freedom of religious expression? With the resurgence of religion into issues of public debate, how might religious considerations influence the formulation of contemporary legal norms, if at all?
- Constitutional and legal norms regulating religion. What can we learn from the different constitutional legal experiences and contexts of Asia and other parts of the world, given the importance of constitutional structures in framing, defining and governing the interactions of religion and law? What alternative models of arranging state and religion exist vis-à-vis the dominant constitutional model separating state from religion? How has the resurgence of public religion opened up the area of constitutional thinking?
- Religious norms regulating religion. What type of legal structures do religions have? How do religious traditions and communities perceive their interaction with religious laws? What demands do such internal rules make upon their religious faith and worship? Are all traditions ‘religio-legal’, i.e., as having claims that take the form of law over their adherents and others? What varying forms do they take? How do believers negotiate these internal rules and how can religious traditions change within this legal framework?
Information on the conference and paper submission guidelines can be found here.