Peter Danchin

Peter Danchin is Associate Professor of Law and Director of the International and Comparative Law Program at the University of Maryland School of Law. He earned his B.A. and LL.B. with First Class Honors from Melbourne University where he was Editor-in-Chief of the Melbourne University Law Review, and his LL.M. and J.S.D. from Columbia Law School where he was a Bretzfelder International Law Fellow. His areas of interest are international law, human rights law, and comparative constitutionalism. His recent articles have been published or are forthcoming in the Columbia Journal of Transnational Law, the Yale Journal of International Law, and the Harvard International Law Journal. His most recent book, United Nations Reform and the New Collective Security (with Horst Fischer), is forthcoming in 2010 with Cambridge University Press.

Posts by Peter Danchin:

Tuesday, March 6th, 2012

Hosanna-Tabor in the religious freedom Panopticon

Michel Foucault famously describes Jeremy Bentham’s Panopticon as a “cruel, ingenious cage” to be understood not as a “dream building … [but as] the diagram of a mechanism of power reduced to its ideal form … a figure of political technology.” For Foucault, panopticism is “the general principle of a new ‘political anatomy’ whose object and end are not relations of sovereignty but the relations of discipline: [t]he celebrated, transparent circular cage, with its high towers powerful and knowing.” In reading the Supreme Court’s decision in Hosanna-Tabor v. EEOC recognizing a “ministerial exception” to antidiscrimination law—a case hailed almost immediately as a victory for religious freedom—it is for me the specter of the Panopticon that haunts every page.

Read the rest of Hosanna-Tabor in the religious freedom Panopticon.
Wednesday, April 21st, 2010

Good Muslim, bad Muslim

In my opening post, I suggested that a second assumption underpinning the Chicago Report is that American foreign policy should more effectively engage with and support the “good Muslims.” In this post, I seek once again to consider the coherence and plausibility of this prescription. Is it really true that you can read people’s political behavior from their religion or culture? Again, as Mamdani asks, “Could it be that a person who takes his or her religion literally is a potential terrorist? And only someone who thinks of the text as not literal, but as metaphorical or figurative, is better suited to civic life and the tolerance it calls for? How, one may ask, does the literal reading of religious texts translate into hijacking, murder, and terrorism?”

This raises the complex question of what, in the words of Saba Mahmood, “constitutes religion and a proper religious subjectivity in the modern world,” and how such a conception relates to the language and normative structure of religious freedom in international law and politics. It is not possible here to address the details of such a complex set of issues, but let me offer just a couple of observations and lines of inquiry for future thought and discussion.

Read the rest of Good Muslim, bad Muslim.
Friday, April 16th, 2010

Islam and terrorism

In my previous post, I suggested that one of the latent assumptions underpinning the Chicago Report is that terrorism is “religion-based,” i.e., that there is a necessary (although unexplained) causal link between Islam and Islamic extremism.  In this post, I seek to consider the coherence and plausibility of this assumption.

Consider again story of the bombing of the Golden Mosque in Samarra. In using this example to illustrate American ignorance of the role of religion in acts of terrorism, the Chicago Report is curiously silent about one salient fact: that the U.S. is militarily occupying a Muslim country, which, following its earlier intervention and continuing presence in Afghanistan, it has unilaterally invaded in violation of both the UN Charter and international law. The report is similarly silent on the fact that the U.S. project of “occupation as liberation” violates the occupatio bellica (the international law of occupation), which restrains the occupant’s authority to unilaterally transform Iraq’s political order.

Read the rest of Islam and terrorism.
Monday, April 12th, 2010

“Sorry comforters” and the new Natural Law

I read the Chicago Council Task Force Report, “Engaging Religious Communities Abroad: A New Imperative for U.S. Foreign Policy,” as a student of the history and politics of international law. From this perspective, the report evokes Immanuel Kant’s famous denunciation of Grotius, Pufendorf, and Vattel in his 1795 essay Toward Perpetual Peace as the “sorry comforters” of the law of nations. For Kant, the principles and doctrines of the early modern natural lawyers not only lacked all “legal force” in restraining the belligerence of nation states, but, by appropriating the voice of international legality to the interests of power rather than right, they were ultimately apologists for such belligerence. Kant accordingly denounced these juristic advisers to historical states as “political moralists,” who, by basing their conceptions of justice on the political governance of conflicting interests in an attempt to humanize relations between warring nation-states, subordinated principles to ends and became thereby accomplices to war, imperialism, and colonialism.

Read the rest of “Sorry comforters” and the new Natural Law.