Tag Archives: History of Religion

Johnson, “Monastic Women and Religious Orders in Late Medieval Bologna”

Next month, Cambridge will publish Monastic Women and 9781107060852Religious Orders in Late Medieval Bologna, by Sherri Franks Johnson (University of California, Riverside). The publisher’s description follows.

Sherri Franks Johnson explores the roles of religious women in the changing ecclesiastical and civic structure of late medieval Bologna, demonstrating how convents negotiated a place in their urban context and in the church at large. During this period Bologna was the most important city in the Papal States after Rome. Using archival records from nunneries in the city, Johnson argues that communities of religious women varied in the extent to which they sought official recognition from the male authorities of religious orders. While some nunneries felt that it was important to their religious life to gain recognition from monks and friars, others were content to remain local and autonomous. In a period often described as an era of decline and the marginalization of religious women, Johnson shows instead that they saw themselves as active participants in their religious orders, in the wider church and in their local communities.

Herringer, “Victorians and the Virgin Mary: Religion and Gender in England 1830-85″

Next month, Manchester University Press will publish Victorians and the Virgin Mary: Religion and Gender in England 1830-85 by Carol Engelhardt Herringer (Wright State University). The publisher’s description follows.

This interdisciplinary study of competing representations of the Virgin Mary examines how anxieties about religious and gender identities intersected to create public controversies that, whilst ostensibly about theology and liturgy, were also attempts to define the role and nature of women. Drawing on a variety of sources, this book seeks to revise our understanding of the Victorian religious landscape, both retrieving Catholics from the cultural margins to which they are usually relegated, and calling for a reassessment of the Protestant attitude to the feminine ideal. This book will be useful to advanced students and scholars in a variety of disciplines including history, religious studies, Victorian studies, women’s history and gender studies.

French & Nathan (eds.), Buddhism and Law: An Introduction

This June, Cambridge University Press will publish Buddhism and Law: An Introduction edited by Rebecca Redwood French (SUNY Buffalo) and Mark A. Nathan (SUNY Buffalo). The publisher’s description follows.buddhism

As the first comprehensive study of Buddhism and law in Asia, this interdisciplinary volume challenges the concept of Buddhism as an apolitical religion without implications for law. Buddhism and Law draws on the expertise of the foremost scholars in Buddhist studies and in law to trace the legal aspects of the religion from the time of the Buddha to the present. In some cases, Buddhism provided the crucial architecture for legal ideologies and secular law codes, while in other cases it had to contend with a preexisting legal system, to which it added a new layer of complexity. The wide-ranging studies in this book reveal a diversity of relationships between Buddhist monastic codes and secular legal systems in terms of substantive rules, factoring, and ritual practices. This volume will be an essential resource for all students and teachers in Buddhist studies, law and religion, and comparative law.

Kanarek, “Biblical Narrative and the Formation of Rabbinic Law”

This June, Cambridge University Press will publish Biblical Narrative and the Formation of Rabbinic Law by Jane L. Kanarek (Hebrew College). The publisher’s description follows.biblical

This book presents a new framework for understanding the relationship between biblical narrative and rabbinic law. Drawing on legal theory and models of rabbinic exegesis, Jane L. Kanarek argues for the centrality of biblical narrative in the formation of rabbinic law. Through close readings of selected Talmudic and midrashic texts, Kanarek demonstrates that rabbinic legal readings of narrative scripture are best understood through the framework of a referential exegetical web. She shows that law should be viewed as both prescriptive of normative behavior and as a meaning-making enterprise. By explicating the hermeneutical processes through which biblical narratives become resources for legal norms, this book transforms our understanding of the relationship of law and narrative as well as the ways in which scripture becomes a rabbinic document that conveys legal authority and meaning.

Through the Jaffa Gate: A Photo Essay

Last month, CLR Student Fellow Jessica Wright ’14 traveled to Israel, where she considered the religious, legal, and political issues that continue to divide the country and region. The following is her photo essay from Jerusalem. To see the slide show, please click on the first image.

All photos by Jessica Wright, Canon EOS 700D and Leica M3 (please do not use photos without permission).

Reichberg & Syse (eds.), “Religion, War, and Ethics”

9780521738279Next month, Cambridge University Press will publish Religion, War, and Ethics: A Sourcebook of Textual Traditions edited by Gregory M. Reichberg (International Peace Research Institute, Oslo) and Henrik Syse (Peace Research Institute). The publisher’s description follows.

Religion, War, and Ethics is a collection of primary sources from the world’s major religions on the ethics of war. Each chapter brings together annotated texts – scriptural, theological, ethical, and legal – from a variety of historical periods that reflect each tradition’s response to perennial questions about the nature of war: When, if ever, is recourse to arms morally justifiable? What moral constraints should apply to military conduct? Can a lasting earthly peace be achieved? Are there sacred reasons for waging war, and special rewards for those who do the fighting? The religions covered include Sunni and Shiite Islam; Judaism; Roman Catholic, Eastern Orthodox, and Protestant Christianity; Theravada Buddhism; East Asian religious traditions (Confucianism, Shinto, Japanese and Korean Buddhism); Hinduism; and Sikhism. Each section is compiled by a specialist, recognized within his or her respective religious tradition, who has also written a commentary on the historical and textual context of the passages selected.

Balala, “Islamic Finance and Law”

islamic-finance-and-law-theory-and-practice-in-a-globalized-worldNext month, I.B. Tauris will publish Islamic Finance and Law: Theory and Practice in a Globalized World by Maha-Hanaan Balala (Oxford). The publisher’s description follows.

Islamic commercial and financial practice has not experienced the trial-and-error style of development that has characterized the development of the common law in the English-speaking world. Many of the principles, rules and practices prevalent in the Islamic law of contract, commerce, finance and property remain the same as those outlined by the Quran and the Prophet Muhammad, and expounded by scholars of jurisprudence as far back as the 13th century, despite the advancement in time and sophistication of commercial interaction. Hanaan Balala here demonstrates how, in order to bridge the gap between the principles outlined by the Quran and the Prophet in the 7th century and commercial practice in the 21st century, Islamic finance jurisdictions need to open themselves to learning from the experience (including the mistakes) of the English common law. “Islamic Finance and Law: Theory and Practice in a Globalized World” provides an analysis of the fundamental principles underlying the Islamic law of contract and commercial practice in comparison with their equivalents in common law in the English-speaking world. It seeks to draw parallels (and differences where appropriate) to facilitate the growth and development of Islamic commercial and financial law globally.

Baran, “Dissent on the Margins: How Soviet Jehovah’s Witnesses Defied Communism and Lived to Preach About It”

Next month, Oxford will publish Dissent on the Margins:9780199945535_140
How Soviet Jehovah’s Witnesses Defied Communism and Lived to Preach About It, by Emily B. Baran (Middle Tennessee State University). The publisher’s description follows.

Emily B. Baran offers a gripping history of how a small, American-based religious community, the Jehovah’s Witnesses, found its way into the Soviet Union after World War II, survived decades of brutal persecution, and emerged as one of the region’s fastest growing religions after the Soviet Union’s collapse in 1991. In telling the story of this often misunderstood faith, Baran explores the shifting boundaries of religious dissent, non-conformity, and human rights in the Soviet Union and its successor states.

Soviet Jehovah’s Witnesses are a fascinating case study of dissent beyond urban, intellectual nonconformists. Witnesses, who were generally rural, poorly educated, and utterly marginalized from society, resisted state pressure to conform. They instead constructed alternative communities based on adherence to religious principles established by the Witnesses’ international center in Brooklyn, New York. The Soviet state considered Witnesses to be the most reactionary of all underground religious movements, and used extraordinary measures to try to eliminate this threat. Yet Witnesses survived, while the Soviet system did not. After 1991, they faced continuing challenges to their right to practice their faith in post-Soviet states, as these states struggled to reconcile the proper limits on freedom of conscience with European norms and domestic concerns.

Dissent on the Margins provides a new and important perspective on one of America’s most understudied religious movements.

 

The Weekly Five

This week’s collection of new pieces on SSRN includes an article on Catholic objections to Legal Realism by John Breen and Lee Strang;  a history of Just War theory by Robert Delahunty; an article by Zoe Robinson on the definition of “religious institutions” in connection with the Contraception Mandate litigation; and two essays by Micah Schwartzman on religious and secular convictions.

1. John M. Breen (Loyola University Chicago) and Lee J. Strang (University ofToledo), The Forgotten Jurisprudential Debate: Catholic Legal Thought’s Response to Legal Realism. This article examines the critique of Legal Realism by Catholic scholars in the 1930s and 1940s. Legal historians have unfairly neglected this critique, the authors say, which was both profound and systematic. Catholic legal thinkers who objected to Realism drew on the worldwide revival of Neo-Scholastic philosophy taking place at the time.

2. Robert J. Delahunty (University of St. Thomas), The Returning Warrior and the Limits of Just War Theory. In this paper, Delahunty traces the history of the Just War tradition in Christian thought. Before the twelfth-century Papal Revolution, he writes, the Catholic Church treated the subject in a pastoral, unsystematic way. Soldiers who had killed in wartime were typically required to do penance. In the Papal Revolution, however, the Church transformed itself into an early modern state, equipped with a military force. “As an essential part of this epochal transformation, the Papal program required the Church to abandon its earlier skepticism about war and to settle on the view that war could be justifiable, even sanctified.”

3. Zoe Robinson (DePaul University), The Contraception Mandate and the Forgotten Constitutional Question. Robinson maintains that arguments about the ACA”s Contraception Mandate often neglect the first question: whether the claimants are “religious institutions” that merit constitutional protection. She develops a list of four factors that identify such institutions: “(1) recognition as a religious institution; (2) functions as a religious institution; (3) voluntariness; and (4) privacy-seeking.” Applying these factors, she argues that religious universities qualify as religious institutions, but not for-profit businesses or religious interest groups.

4. Micah Schwartzman (University of Virginia), Religion as a Legal Proxy. In a response to Andrew Koppelman, Schwartzman argues that affording legal protection to religion as such unfairly discriminates against people with non-religious commitments. He argues that the concept of religion should be expanded to include secular claims of conscience. A wide range of international and domestic laws already do so, he points out. Against the backdrop of these laws, the First Amendment’s singling out of religion “feels somewhat antiquated.”

5. Micah Schwartzmann (University of Virginia), Religion, Equality, and Public Reason. This is a review of Ronald Dworkin’s posthumous work, Religion without God, in which Dworkin argues that, as a moral matter, both religious and non-religious convictions deserve legal protection. Schwartzman agrees, but argues that Dworkin unfortunately resisted using the concept of public reason, familiar from the work of John Rawls and others. Schwartzman believes that reliance on public reason is “inevitable” for those, like Dworkin, “who accept that believers and nonbelievers deserve equal respect for their competing and conflicting views.”

Hitchcock, “Muslim Spain Reconsidered”

This February, Edinburgh University Press published Muslim Spain Reconsidered: From 711 to 1502 by Richard Hitchcock (University of Exeter). Muslim Spain The publisher’s description follows.

What made Muslim Spain a unique and successful society? By adopting a multidisciplinary approach within a chronological framework, Richard Hitchcock explores the nature of Muslim Spain’s powerful legacy in the formation of modern Spain, whilst constantly keeping in view the shifting social patterns caused by the changing balance between town and country, constant military activity and concerns about their environment.

You will learn about the main historical developments in al-Andalus, such as the eventual establishment of Islam, the splendour of the Caliphate, the disintegration of central authority, the invasions from North Africa and the ongoing struggle to retain independence when confronted with the increasingly powerful Kingdoms of Aragon and Castile. You will also find wide-ranging discussions of inter-faith relations and the intellectual currents created by Spain’s unique synthesis of pluralism and external influences.