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Full-Text Articles in Law

Changing The Subject Of Sati, Deepa Das Acevedo Jan 2020

Changing The Subject Of Sati, Deepa Das Acevedo

Faculty Articles

Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae-her sari, her demeanor-and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of Charan's death confirmed its voluntary, secular, and noncriminal nature. This article argues that the "unlabeling" of Charan's death, like those of other women between 1999 and 2006, reflects a tension between the nonindividuated, impervious model of personhood exemplified by sati and the particularized citizen-subject of liberal-democratic politics in India.


Setting The Table: An Introduction To The Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulhan, Michael J. Broyde, Shlomo C. Pill Jan 2020

Setting The Table: An Introduction To The Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulhan, Michael J. Broyde, Shlomo C. Pill

Center for the Study of Law and Religion Books

This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth-century author of the Arukh Hashulchan—the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core halakhic principles that animate Rabbi Epstein’s halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.


Historical Foundations And Enduring Fundamentals Of American Religious Freedom, John Witte Jr. Jan 2020

Historical Foundations And Enduring Fundamentals Of American Religious Freedom, John Witte Jr.

Faculty Articles

For all of their failures and shortcomings, the eighteenth-century founders did indeed begin on the right “path” toward a free society, and today, Americans enjoy a good deal of religious, civil, and political freedom as a consequence. American principles of religious freedom have had a profound influence around the globe, and they now figure prominently in a number of national constitutions and international human rights instruments issued by political and religious bodies.

To be sure, as Adams predicted, there has always been a “glorious uncertainty of the law” of religious liberty and a noble diversity of understandings of its details. …