Arts and Humanities Commons^™

Combating A Religious Radical Ideology V. Suppressing Islamic Opposition: Jordan’S Approach To Counterterrorism, Abeer Ghazi Jarrar

Cornell Law School Inter-University Graduate Student Conference Papers

In the aftermath of 9/11, criminal law reform in Jordan was part of the worldwide expansion of criminal laws facilitated by UNSC Resolution 1373 that was enacted under mandatory Chapter VII of the UN Charter. The introduced criminal law amendments were largely offered as a symbolic response to 9/11; it was built on the assumption of inadequacy of criminal law without fully understanding the dimensions of deterrence. Probably with the exception of the new laws against the financing of terrorism, the state had a whole range of extraordinary measures available if not morally, then practically, to counter terrorism.

Jordan’s experience …

From Secularism Into Modified Pluralism: Comprehensive Application Of John Rawls’S Justice As Fairness Theory In Defining State And Religion Relationship, Sigit Ardianto

Cornell Law School Inter-University Graduate Student Conference Papers

The task of defining the most effective state and religion relationship has been a daunting one. Courts and jurists in different parts of the world have been engaged in this chore for centuries. This paper aims to investigate the state-religion relationship conundrum and the shift from secularism to pluralism and examine modification of pluralism through comprehensive adoption of John Rawls’s justice as fairness theory. The focus of this paper will be placed on the state-religion relationship in the United States and Indonesia whilst also observing the practice in other countries.

A Value Oriented Legal Theory For Muslim Countries In The 21st Century: A Comparative Study Of Both Islamic Law And Common Law Systems, Rahma Hersi

Cornell Law School Inter-University Graduate Student Conference Papers

A legal tradition is not the same thing as a legal system, although the legal system inevitably forms part of the legal tradition and vice versa, a legal system may be used to refer to an operational set of rules, procedures and institutions. This paper will take a critical look at the legal sources used in both the Islamic Law and Common law systems as well the methodologies interpreting these sources. The pluralistic nature of many of the extant legal systems, calls for an analysis of the interpretation of law and the related sciences. Whereas the spread of globalization in …

Is Public Reason Counterproductive?, Eduardo M. Peñalver

Cornell Law Faculty Publications

The debate over the proper role of religion in public life has raged on for decades and shows little signs of slowing down. Proponents of restrictive accounts of public reason have proceeded under the assumption that religious and deep moral disagreement constitutes a threat to social stability that must be tamed. In contrast to this "scary story" linking pluralism with the threat of instability, there exists within political theory a competing, "happy story" according to which pluralism affirmatively contributes to stability by creating incentives for groups to moderate their demands. Whether the scary story or happy story is a more …

The Limits Of Group Rights: Religious Institutions And Religious Minorities In International Law, Bernadette A. Meyler

Cornell Law Faculty Publications

Scholars and advocates of religious liberty within the United States are beginning to suggest that our constitutional discourse has focused too intently on individual rights and that our attention should now turn to the interests of religious institutions and the notion of church autonomy. The reoriented jurisprudence encouraged by such proposals is not without parallel in other national contexts, including those of Europe. Heeding calls to attend to church autonomy could thus bring the United States into closer harmony with its European counterparts. Placing priority on church autonomy might, however, generate unforeseen obstacles to the exercise of religious liberty. In …

Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen

Pragmatism, Law and Governmentality

Today science is almost universally regarded as an ally of democracy. Religion - once viewed by Tocqueville as the great support of democratic mores, in contrast to the materialism of then-contemporary atheists who threatened to undermine democratic commitments - is now viewed by many as antithetical to the openness and provisionality that marks both science and democracy. As framed by the neo-pragmatist Richard Rorty, religion is a "conversation-stopper," the very definition of anti-democratic, anti-scientific anti-pragmatism.

Whereas a pragmatic form of faith, notably "democratic faith," secures belief in an ever improving future, the "politics of skepticism" is reinforced by the initial …