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September 22nd, 2016

Religion, secularism, and Black Lives Matter

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Black Lives Matter In February 2012, 17-year-old Trayvon Martin was fatally shot by George Zimmerman in Sanford, Florida. Zimmerman was initially released on the Stand Your Ground statute in Florida, claiming he had acted in self-defense, and was later acquitted of all charges.

As a call to action in response to this tragedy and the anti-Black racism that permeates society more broadly, Alicia Garza, Opal Tometi, and Patrisse Cullors founded #BlackLivesMatter—a Twitter hashtag against state violence that turned into a larger, in-the-streets movement against the pervasiveness of white supremacy. Black Lives Matter is a movement that declares itself to be “working to (re)build the Black liberation movement.”

But what role does religion play in this movement for Black lives—if any? What are the modern day connections between religion, secularism, and racial justice? Does a justice movement have to be openly religiously affiliated to invoke a sacredness?

August 29th, 2016

The Politics of Islamic Law: An introduction

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My new book, The Politics of Islam LawThe Politics of Islamic Law, presents an approach to the study of religion, comparative politics and law that begins with the contradiction and ambiguity produced by the interplay among sacred texts, institutions of state and society, and actors working with the tools they have at hand. By seeking to understand the development of the category of Islamic law as a “problem-space” for the modern state, the book invites further exploration of how Muslim futures are being framed and discussed, historicizing what David Scott has framed as “the particular questions that seem worth asking and the kinds of answers that seem worth having.” (2004:4) In this exploration the question – ‘whose law?’ – turns out to be as important, if not more important, than the question – ‘which law?’ This generates a new set of questions in the study of the politics of Islamic law: in what domains of Muslim life is Islamic law being raised once again, and by whom? In what domains of Muslim life has Islamic law been made silent? What political compacts and struggles underwrite these claims for presence or absence, and upon what institutional and social foundations do they rely? Over what kind of human subject do they lay claim, and how might this subject speak to the law? To what version of the past do they refer, and to which vision of the future?

August 3rd, 2016

Religion and politics beyond religious freedom

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Elizabeth Shakman Hurd | Beyond Religious FreedomI would like to thank each of the contributors to this series for their generous engagement with my book, Beyond Religious Freedom: The New Global Politics of Religion. In this response I address a question that arose in several of the posts: what is the role of the scholar or expert in responding to what comes “after” or lies “beyond” religious freedom? In working on this project I have encountered considerable anxiety concerning what Jeremy Walton refers to as the threat of a “conceptual and political vacuum” arising in the wake of the argument of this book. I am interested in engaging with the concerns that motivate that anxiety. I also want to push back against the insistence that a strong prescriptive stance is required to do the work that I do. There are other paths forward and I’ll discuss a few of them here.

July 22nd, 2016

Rethinking religion in a political scientific wilderness

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Elizabeth Shakman Hurd | Beyond Religious FreedomBeyond Religious Freedom: The New Global Politics of Religion makes an extremely important and timely contribution to a conversation that the discipline of political science should be but still isn’t really having. The continued lack of serious, analytically sophisticated attention to religion and religious phenomena by scholars of international relations and comparative politics is all the more baffling given the place of religion in political life around the world today. Religious affiliation has become the central category for a geo-political remapping of the world since 9/11. The results have been depressingly vapid analyses that underscore, once again, the ideological force of Samuel Huntington’s self-fulfilling prophecy, and the bankruptcy of dominant approaches in our discipline that continue to treat religion in the most reductionist, identarian, instrumentalist, and frankly, unthinking fashion. In this regard, Shakman Hurd’s book constitutes a truly novel and vital contribution and I cannot recommend this book highly enough to my co-disciplinarians, whether interested in religion or not. I underscore this point, since many scholars who frequent The Immanent Frame are not mainstream political scientists and are thus unaware of the bleak nature of the wilderness into which rare and prophetic voices like Shakman Hurd’s are crying.

July 20th, 2016

Keeping up with “culture”

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Law's ReligionBenjamin Berger’s Law’s Religion: Religious Difference and the Claims of Constitutionalism is a welcome addition to the vibrantly interdisciplinary scholarship on legal secularism. Like other scholarship in this field, it shows how liberal constitutionalism works to demarcate and transform religious life according to its own internal principles. The basic story here is, by now, a familiar one: to declare religion free of state interference is, paradoxically, to require the state to define “religion” so that it can determine which institutions and actors are to be afforded freedoms on the basis of that word. Where “legal religion” differs from “lived religion,” (to recall Winnifred Sullivan’s terms) legal religion not only tends to win the day; it can also shape how actors on the ground conceptualize their own religious lives.

July 19th, 2016

Another Law’s Religion

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Law's ReligionI cannot help but see a pun in the title of Benjamin Berger’s book, Law’s Religion: Religious Difference and the Claims of Constitutionalism. I see the pun not in the terms “law” and “religion,” but in the multiple meanings emerging from the possessive marker. I see the pun in Laws. It is a pun of grammar-play, not word-play.

Taken in one way, the possessive ending connotes a proprietary claim. The term law’s religion suggests the idea that law controls religion, holds sway over it. It is this sense of the phrase that appears most prominently in the book. Berger argues that Canadian constitutional law “digests” religion through its own “interpretive horizons,” which contain notably narrow assumptions about the nature of religious time, space, belief, and toleration. Constitutional law does not deal with Canadian religion on its own terms, Berger tells us. Rather, it maintains and deploys its own prototype of religion.

July 14th, 2016

Making up people

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Law's ReligionSeveral decades ago in an essay entitled “Making Up People,” the Canadian philosopher Ian Hacking wrote that, “if new modes of description come into being, new possibilities for action come into being in consequence.” Benjamin Berger’s new book Law’s Religion: Religious Difference and the Claims of Constitutionalism is generative in exactly this sense: it re-describes and it gestures toward new possibilities for action. Berger begins with a deceptively simple question: were we to take neither legal concepts nor normative political or legal theory but rather the experience of the law as an analytical point of departure, what would this entail for the study of law and religion?

July 13th, 2016

Law as religion

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Law's ReligionBen Berger’s book Law’s Religion: Religious Difference and the Claims of Constitutionalism is a work of great insight. I found myself learning from its pages as I taught Canadian Constitutional Law to first year law students this past term. Like most first year Constitutional Law classes, this course helps students understand Canadian federalism, Aboriginal Rights and the Canadian Charter of Rights and Freedoms. The book was particularly valuable as we discussed the cases dealing with freedom of religion and conscience under section 2(b) of the Charter.

July 7th, 2016

Law’s Religion—An introduction

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Law's ReligionIn Theory From the South: Or, How Euro-America is Evolving Toward Africa, Jean and John Comaroff consider the juridification of history and politics in the “endemically policultural” postcolonial South, and ask the question, “why the fetishism of law?” “[T]he language of legality,” they offer, “affords people in policultural nation-states an ostensibly neutral medium to make claims on each other and on the state, to enter into contractual relations, to transact unlike values, and to deal with conflicts arising out of them. In so doing, it produces an impression of consonance amidst contrast: of the existence of universal standards that, like money, facilitate the negotiation of incommensurables across otherwise intransitive boundaries” (78-79).

Law’s Religion: Religious Difference and the Claims of Constitutionalism is, of course, not theory from the South. It is a book about law and religion in the north of the Americas. Yet in the concerns that animate the book, and the concepts with which I work, there is something of an affinity with the spirit of this passage. My concern is similarly with the relationship between law and the cultural, with the appeal of certain comforting accounts—however misleading—about the character and function of law, and with the toll that such misleading accounts exact on our social and political lives.

June 30th, 2016

Democracy as a work in progress rather than a work of progress

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Resurrecting DemocracyLet me begin by thanking the contributors to this book forum for their respective reviews. I am enormously grateful for the gift of time and attention their reviews represent. It is always instructive to see one’s work through the eyes of others, even if one does not always immediately recognize what one then sees! While finding valuable insights and many points for further reflection in all them, this is something of my reaction to Michael Gillespie’s and Jane Wills’s reviews. In responding to their critiques I will put them in dialogue with the reviews by Andrew Forsyth and Richard Wood, who I read as more directly articulating and speaking to the core foci and concerns of Resurrecting Democracy: Faith, Citizenship, and the Politics of a Common Life. Situating my own response as an interaction between the two sets of reviews will hopefully clarify and help develop some of the book’s central arguments and positions.