Posts Tagged ‘constitutional law’

May 8th, 2012

Reading religious freedom in Sri Lanka

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As several contributors to this forum have pointed out, legal provisions regarding religious freedom do not emerge from history fully formed and self-interpreting. At their core, they are iterations of words and texts, (re)produced and (re)authorized by different persons or groups for different purposes. What they mean depends on local facts.

This contribution expands upon this observation by offering a different story about drafting religious rights in a particular place and time. I will show the ways in which religious rights, as rhetoric, serve not as apolitical instruments, but as indicia of political alliances; not as generic, universalizable norms, but as specific formulations of norms suited to particular moments and in service of particular political programs. In this version of the story, religious rights, rather than conclude conflict and harmonize societies, signpost disagreement.

September 23rd, 2011

Not for the squeamish

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Paul Kahn has written a remarkable meditation on Carl Schmitt’s Political Theology. A truly adequate response would undoubtedly require a book at least as long as Kahn’s own. Instead, I want to offer some comments playing off of some of Kahn’s own observations. Indeed, as Kahn makes clear, his own book is meant to be, not a genuine exegesis of Schmitt’s (in)famous book, but rather his own reflections that have been stimulated by taking the concept of “political theology” seriously. I find Kahn convincing that the concept draws not only on the notion of “sovereignty,” insofar as it is transferred from God to those who claim “leadership” of the state, particularly when it is faced with existential threats, but also on the important reality of “sacrifice.”