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Tag: Law

The Network of Relationships in Law and Religion

There are at least six identifiable and interrelated relationships in the three books under consideration in this forum. Investigations into the nature, expectations, and communicative barriers in any given relationship is of value to our broader scholarly field but so too is asking how the contours of one relationship may impact that of another

What Good is “Religion”?

Regardless of our interrogation of it, the terminology of “religion” is operative in the world—not only among the scholars who frame it as a second-order category, but among our interlocutors and kinship networks. Given the baggage that often accompanies it, perhaps it is unsurprising that so many of us are hesitant to apply this label to the people, places, and practices to which we attach meaning.

The State “don’t own a goddamn thing”: Illiberal Religification of the Legal System

MOVE, while an illiberal religion characterized by abrasive rhetoric, is nonetheless an example of the religification of law and the legal system. MOVE activists refused to surrender the court to the state, seeing the legal system as a potential tool against the state, rightly beyond state control.

Religion, Law and Vaccines

Non-vaccinating parents are asking, in the name of religion, to risk their own child and their child’s classmates with a preventable disease. This is not a theoretical risk: the last outbreak of polio in the United States, to give one example, was in a Christian Scientist school with low vaccine rates.

Political Theology, Volume 20, Issues 3 and 4 are now available

New issues from the twentieth year of our journal feature articles on Hobbes, poverty, Indonesia, and more, as well as a special issue on Christos Yannaras.

Justice Silenced—Amos 5:6-7, 10-15

In evil days, justice can be stifled and the voice of the prudent can be silenced.

The Blurred Line Between Law and Violence (William T. Cavanaugh)

A bishop recently said that 90% of the homilies he has ever heard can be boiled down to two words: “Try harder.” Of all the things that Ted Smith’s book does well, the most compelling for me is his attempt to critique the ethical confines to which reflection on politics and violence — along with so much else — is often limited.

Undermining Equal Protection (R. Ward Holder)

In the 17th of July, 2014, Eric Garner died after being placed in a chokehold by Staten Island police during his arrest for the suspicion of selling loose cigarettes. Less than a month later, on August 9th, Michael Brown was shot to death in an altercation with Darren Wilson, a police officer in Ferguson, Missouri. Both cases raised significant concerns about civil rights, about the possible militarization of policing in American cities, and about the treatment of minority communities by white police officers and white police forces. In response to the furor that arose, the two district attorneys, Robert McCulloch in Ferguson and Dan Donovan in Staten Island, sought to quell community distrust by going to extraordinary measures.

Reasoning about Exceptions – Editorial for Political Theology 15.5

One of the most important tasks for political theologians today is the cultivation of capacities for democratic reasoning about exceptions to the rule of law. The task is important because liberal societies face – or at least believe they face – a number of threats that seem to require exceptional measures in response. The pressure to make exceptions grows stronger, even as we find ourselves with fewer and weaker resources for thinking about them.

Gaza, Ukraine, and the Limits of International Law (Paul W. Kahn)

Since World War II, the primary ambition of international humanitarian law — the law of armed conflict — has been to insulate military violence from the civilian population. Military forces are required to identify themselves as such, by wearing clearly marked uniforms, and to discriminate in their selection of targets: They cannot deliberately attack noncombatants or infrastructure that has no military use.

For the family of the late Trayvon Martin, Saturday’s ruling – that George Zimmerman was found not guilty of any wrongdoing in his shooting of Trayvon – is a terrible tragedy, and a miscarrying of justice, compounding an already vast sea of grief.

Demythologizing Violence: A Rejoinder to Bill Cavanaugh

I am grateful to Bill Cavanaugh for taking the time to respond to my blog post of two weeks ago, “Modernity Criticism and the Question of Violence,” and giving me the opportunity to clarify better the nature of my criticisms. Clearly such clarification is in order, as Cavanaugh’s response seems to have struck off in something of the wrong direction, defending theses that were not really under challenge. If I may adapt the opening from his post, Cavanaugh’s response would raise significant difficulties for the thesis of my critique if (1) the argument of that critique were directed against The Myth of Religious Violence and (2) my purpose was to endorse Steven Pinker’s triumphalist progressivism. The first of these premises is false, and the second is highly questionable.