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This book constructs an anthropological history of a subaltern religious formation, Mahima Dharma of Orissa, a large province in eastern India. Tracking the contingent making of a critical community over a hundred and forty year period, ‘Religion, Law and Power’ explores the interplay of distinct expressions of time and history, innovative reformulations of caste and Hinduism and distinct engagements with state and nation. This serves to unravel the wider entanglements of religion, history, law, modernity and power.
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.
The Oxford Handbook of the Sociology of Religion draws on the expertise of an international team of scholars providing both an entry point into the sociological study and understanding of religion and an in-depth survey into its changing forms and content in the contemporary world. The role and impact of religion and spirituality on the politics, culture, education and health in the modern world is rigorously discussed and debated. The study of the sociology of religion forges interdisciplinary links to explore aspects of continuity and change in the contemporary interface between society and religion. Using a combination of theoretical, methodological and content-led approaches, the fifty-seven contributors collectively emphasise the complex relationships between religion and aspects of life from scientific research to law, ecology to art, music to cognitive science, crime to institutional health care and more. The developing character of religion, irreligion and atheism and the impact of religious diversity on social cohesion are explored. An overview of current scholarship in the field is provided in each themed chapter with an emphasis on encouraging new thinking and reflection on familiar and emergent themes to stimulate further debate and scholarship. The resulting essay collection provides an invaluable resource for research and teaching in this diverse discipline.
Religion, Law, and Freedom: A Global Perspective introduces readers to diverse perspectives on the interplay of religion, law, and communications freedom in different cultures around the world. Through discussion and analysis of the religious mores and cultural values that a nation adheres to, a greater understanding of that nation, its laws, and its freedoms can be cultivated. Rather than suggesting that harmony can be achieved without conflict, the essays in this volume seek to present the reader with a variety of perspectives from which to view and understand the relationships among religion, law, and freedom in various cultures. This multifaceted analysis, therefore, helps readers draw their own conclusions as to the best way to resolve cultural conflict brought about by the growing global community. The book consists of fifteen chapters, authored or coauthored by 17 international scholars representing China, Germany, Israel, Iran, Japan, Latvia, Nigeria, Singapore, the United Kingdom, and the United States. The chapters are organized into four parts: Perspectives on Eastern and Western Religions; Press Freedom in Religious and Secular Societies; Journalism, Advertising, and Ethical Issues; and Religion, Politics, Media, and Human Rights. This important contribution will especially appeal to researchers and students in such fields as mass communications, legal studies, cultural studies, political science, religion, intercultural communications, international communications, and journalism.
Religion has power structures that require and justify its existence, spread its influence, and mask its collaboration with other power structures. Power, like religion, is in collaboration. Along this line, this book affirms that one could see and study the power structures and power relations of a religion in and through the missions of empires. Empires rise and roam with the blessings and protections of religious power structures (e.g., scriptures, theologies, interpretations, traditions) that in return carry, propagate and justify imperial agendas. Thus, to understand the relation between religion and power requires one to also study the relation between religion and empires. Christianity is the religion that receives the most deliberation in this book, with some attention to power structures and power relations in Hinduism and Buddhism. The cross-cultural and inter-national contributors share the conviction that something within each religion resists and subverts its power structures and collaborations. The authors discern and interrogate the involvements of religion with empires past and present, political and ideological, economic and customary, systemic and local. The upshot is that the book troubles religious teachings and practices that sustain, as well as profit from, empires.
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices. To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.
This is a study of religion, politics, and society in a period of great significance in modern Irish history. The late seventeenth and early eighteenth centuries saw the consolidation of the power of the Protestant landed class, the enactment of penal laws against Catholics, and constitutional conflicts that forced Irish Protestants to redefine their ideas of national identity. S. J. Connolly's scholarly and wide-ranging study examines these developments and sets them in their historical context. The Ireland that emerges from his lucid and penetrating analysis was essentially a part of ancien r--eacute--;gime Europe: a pre-industrialized society, in which social order depended less on a ramshackle apparatus of coercion than on complex structures of deference and mutual accommodation, along with the absence of credible challengers to the dominance of a landed --eacute--;lite; in which the ties of patronage and clientship were often more important than horizontal bonds of shared economic or social position; and in which religion remained a central part of personal and political motivation. - ;Abbreviations; Introduction; I. A NEW IRELAND; 1. December 1659: `A Nation Born in a Day'; 2. Settlement and Explanation; 3. A Foreign Jurisdiction; 4. Papists and Fanatics; 5. Counter-Revolution Defeated; II. AN ELITE AND ITS WORLD; 6. Uneven Development; 7. Gentlement and Others; 8. Manners; III. THE STRUCTURE OF POLITICS; 9. A Company of Madmen: The Politics of Party 1691-1714; 10. `Little Employments...Smiles, Good Dinners'; 11. Politics and the People; IV. RELATIONSHIPS; 12. Kingdoms; 13. Nations; 14. Communities; 15. Orders; V. THE INVENTIONS OF MEN IN THE WORSHIP OF GOD: RELIGION AND THE CHURCHES; 16. Numbers; 17. Catholics; 18. Dissenters; 19. Churchmen; 20. Christians; VI. LAW AND THE MAINTENANCE OF ORDER; 21. Resources; 22. The Limits of Order; 23. The Rule of Law; 24. Views from Below: Disaffection and the Threat of Rebellion; 25; Views from Above: Perceptions of the Catholic Threat; VII. `REASONABLE INCONVENIENCES: THE THEORY AND PRACTICE OF THE PENAL LAWS'; 26. `Raw Head and Bloody Bones': Parliamentary Management and Penal Legislation; 27. Debate; 28. The Conversion of the Natives; 29. Protestant Ascendancy? The Consequences of the Penal Laws; Epilogue; Bibliography; Index. -
This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.