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Full-Text Articles in Law
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
Faculty Scholarship
This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Faculty Scholarship
This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Faculty Scholarship
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn
If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn
Schmooze 'tickets'
No abstract provided.
Religion And Jacksonian America, Keith E. Whittington
Religion And Jacksonian America, Keith E. Whittington
Schmooze 'tickets'
No abstract provided.
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Is There A Paradox In Amending A Sacred Text?, Beau Breslin
Schmooze 'tickets'
No abstract provided.
Like A Hole In The Head, Lief H. Carter
Religion And Constitutionalism: Indigenous Societies, David S. Bogen
Religion And Constitutionalism: Indigenous Societies, David S. Bogen
Schmooze 'tickets'
No abstract provided.
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray
Faculty Scholarship
This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as a source of both stability and instability. Drawing on a broader body of work in transitional justice, this essay argues that religion has an important role to play in the complex web of overlapping associations and oppositions constitutive of a dynamically stable society and further contends that constitutional protections which encourage a diversity of religions provide the best hope of harnessing that potential while limiting the dangers of religion evidenced in numerous cases of mass atrocity.
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.