Tag Archives: Religious Law

Kochen, “Organ Donation and the Divine Lien in Talmudic Law”

In September, Cambridge University Press will release Organ Donation and the Divine Lien in Talmudic Law by Madeline Kochen (University of Michigan Law School).  The publisher’s description follows:

Organ Donation and the Divine LienThis book offers a new theory of property and distributive justice derived from Talmudic law, illustrated by a case study involving the sale of organs for transplant. Although organ donation did not exist in late antiquity, this book posits a new way, drawn from the Talmud, to conceive of this modern means of giving to others. Our common understanding of organ transfers as either a gift or sale is trapped in a dichotomy that is conceptually and philosophically limiting. Drawing on Maussian gift theory, this book suggests a different legal and cultural meaning for this property transfer. It introduces the concept of the “divine lien,” an obligation to others in need built into the definition of all property ownership. Rather than a gift or sale, organ transfer is shown to exemplify an owner’s voluntary recognition and fulfillment of this latent property obligation.

Katz, “Women in the Mosque”

In September, Columbia University Press will publish Women in the Mosque: A History of Legal Thought and Social Practice by Marion Holmes Katz (New York University).  The publisher’s description follows: Women in the Mosque

Juxtaposing Muslim scholars’ debates over women’s attendance in mosques with historical descriptions of women’s activities within Middle Eastern and North African mosques, Marion Holmes Katz shows how over the centuries legal scholars’ arguments have often reacted to rather than dictated Muslim women’s behavior.

Tracing Sunni legal positions on women in mosques from the second century of the Islamic calendar to the modern period, Katz connects shifts in scholarly terminology and argumentation to changing constructions of gender. Over time, assumptions about women’s changing behavior through the lifecycle gave way to a global preoccupation with sexual temptation, which then became the central rationale for limits on women’s mosque access. At the same time, travel narratives, biographical dictionaries, and religious polemics suggest that women’s usage of mosque space often diverged in both timing and content from the ritual models constructed by scholars. Katz demonstrates both the concrete social and political implications of Islamic legal discourse and the autonomy of women’s mosque-based activities. She also examines women’s mosque access as a trope in Western travelers’ narratives and the evolving significance of women’s mosque attendance among different Islamic currents in the twentieth century.

Mihai, “Orthodox Canon Law Reference Book”

In May, Holy Cross Orthodox Press released Orthodox Canon Law Reference Book, by Vasile Mihai. The publisher’s description follows:

In one manageable volume, Orthodox Canon Law Reference Book makes the canons of the Orthodox Church, which were written and complied over centuries, searchable and accessible to current inquirers. In his preface, Fr. Mihai explains the place of canons in relation to revealed faith and the personal experience of God s presence. A most valuable introduction distinguishes between Canon Law and secular law, and not only discusses how to interpret canons, but also offers several examples demonstrating the interpretive process of analysis and application. Alphabetized topics organize the pertinent canons, which are then listed chronologically under each topic. Numerous footnotes offer explanations for terms and understandings from historical contexts. Three appendices discuss the meaning of the word canon, the priest-penitent relationship, and Byzantine legislation on homosexuality.

Jackson, “What is Islamic Philosophy?”

Earlier this year, Routledge released What is Islamic Philosophy? by Roy Jackson (University of Gloucestershire, UK). The publisher’s description follows:

What is Islamic Philosophy? offers a broad introduction to Islamic thought, from its origins to the many challenging issues facing Muslims in the contemporary world. The chapters explore early Islamic philosophy and trace its development through key themes and figures up to the twenty-first century.

Topics covered include:

  • ethical issues such as just war, abortion, women’s rights, homosexuality and cloning
  • questions in political philosophy regarding what kind of Islamic state could exist and how democratic can (or should) Islam really be
  • the contribution of Islam to ‘big questions’ such as the existence of God, the concept of the soul, and what constitutes truth.

This fresh and original book includes a helpful glossary and suggestions for further reading. It is ideal for students coming to the subject for the first time as well as anyone wanting to learn about the philosophical tradition and dilemmas that are part of the Islamic worldview.

Diamond, “Maimonides and the Shaping of the Jewish Canon”

In July, Cambridge University Press will release Maimonides and the Shaping of the Jewish Canon, by James A. Daimond (University of Waterloo, Ontario). The publisher’s description follows:

Jewish thought since the Middle Ages can be regarded as a sustained dialogue with Moses Maimonides, regardless of the different social, cultural, and intellectual environments in which it was conducted. Much of Jewish intellectual history can be viewed as a series of engagements with him, fueled by the kind of “Jewish” rabbinic and esoteric writing Maimonides practiced. This book examines a wide range of theologians, philosophers, and exegetes who share a passionate engagement with Maimonides, assaulting, adopting, subverting, or adapting his philosophical and jurisprudential thought. This ongoing enterprise is critical to any appreciation of the broader scope of Jewish law, philosophy, biblical interpretation, and Kabbalah. Maimonides’s legal, philosophical, and exegetical corpus became canonical in the sense that many subsequent Jewish thinkers were compelled to struggle with it in order to advance their own thought. As such, Maimonides joins fundamental Jewish canon alongside the Bible, the Talmud, and the Zohar.

Coogan, “The Ten Commandments”

This month, Yale University Press released The Ten Commandments: A Short 9780300178715History of an Ancient Text, by Michael Coogan (Harvard Divinity School). The publisher’s description follows:

In this lively and provocative book, Michael Coogan guides readers into the ancient past to examine the iconic Ten Commandments, also known as the Decalogue. How, among all the laws reportedly given on Mount Sinai, did the Ten Commandments become the Ten Commandments? When did that happen? There are several versions of the Decalogue in the Old Testament, so how have different groups determined which is the most authoritative? Why were different versions created?

Coogan discusses the meanings the Ten Commandments had for audiences in biblical times and observes that the form of the ten proscriptions and prohibitions was not fixed—as one would expect since they were purported to have come directly from God—nor were the Commandments always strictly observed. In later times as well, Jews and especially Christians ignored and even rejected some of the prohibitions, although the New Testament clearly acknowledges the special status of the Ten Commandments. Today it is plain that some of the values enshrined in the Decalogue are no longer defensible, such as the ownership of slaves and the labeling of women as men’s property. Yet in line with biblical precedents, the author concludes that while a literal observance of the Ten Commandments is misguided, some of their underlying ideals remain valid in a modern context.

Center Sponsors Successful Joint Colloquium with Villanova Law School

Here’s an article, from the St. John’s Law School website, on the inaugural session of the Joint Colloquium in Law and Religion, which the Center hosted with Villanova Law School this semester. The Joint Colloquium, which featured leading law and religion scholars, used innovative “virtual classroom” technology to allow students and faculty at both schools to participate simultaneously through a synchronous video link.

2014_joint_colloquium

Joint Colloquium with Michael Walzer

From the article:

Michael Walzer (Institute for Advanced Studies) discussed the ethics of war in classical and contemporary Jewish law. Legal historian Sarah Barringer Gordon (University of Pennsylvania) explained how the availability of the corporate form empowered African-American congregations in the early national period. Kristine Kalanges (Notre Dame University School of Law) explored the relationship between Islamic law and contemporary ideas about constitutionalism and human rights. Kent Greenawalt (Columbia Law School) and Donald L. Drakeman (Cambridge University) both presented papers on Originalism. Greenawalt argued that factors other than the original understanding inevitably will and should play an important role in constitutional interpretation. Drakeman offered a methodological middle ground, one that takes account of both original intent and original meaning. Steven D. Smith (University of San Diego School of Law) critiqued the standard account of American religious freedom, and asked whether religious freedom in America today is suffering a decline.

The virtual classroom enriched the discussions by allowing for a fruitful exchange between participants at the two host schools. After the speakers presented their papers, students had the opportunity to ask questions and present their own insights and opinions on the issues.

This was our first experience with virtual classroom technology, and it was highly successful. You can read more about the joint colloquium, and view a photo gallery, here. Thanks to everyone who made it possible, and see you next time!

 

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.

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.