On November 7th, 2013, on the heels of a heated public debate about the role of religion in public life, the government of Quebec tabled its controversial Bill 60, ”Charte affirmant les valeurs de laïcité et de neutralité religieuse de l’État ainsi que d’égalité entre les femmes et les hommes et encadrant les demandes d’accommodement” (Charter affirming the values of state secularism and religious neutrality and of equality between women and men, and providing a framework for accommodation requests). The legislation, introduced by Bernard Drainville, the minister for Democratic institutions and active citizenship, seeks to affirm the religious neutrality of the state, specifically by prohibiting public sector employees—including those working in hospitals, schools, daycare centers, and universities—from wearing “signes ostentatoires” [conspicuous religious symbols], examples of which include hijabs, kippas, Sikh turbans, and “large” crucifixes. The legislation also proposes to amend Quebec’s Charter of Human Rights and Freedoms, in order to enshrine the equality of men and women as the highest human right, to which other rights (e.g. freedom of religious expression) would be subordinated.
Posts Tagged ‘law and religion’
Is religion a valid category of scholarly inquiry? In this post, I briefly set out three distinct approaches to the study of religion: criticizing religion, upholding religion and disaggregating religion. Although I cannot make the full case here, I sketch a preliminary defense of the third approach, in the context of recent debates in political theory.
By “criticizing religion,” I mean not the critique of the beliefs or practices of self-described religious individuals or groups but rather the critique of the concept of religion as a scholarly category. According to a number of scholars (often influenced by Foucauldian or post-colonial thought), the category of religion is deeply implicated in the history and practice of western statism and imperialism. The only appropriate scholarly stance towards this object is one that is critical and skeptical.
Religious freedom has become an international concept: As the scope of the recently concluded Politics of Religious Freedom project attests to, the grammar of religious freedom has spread far and wide, creating a broad and complex field where international norms and procedures frequently clash with deeply embedded local conceptions of law, religion, and freedom.
When one thinks of politics and religion in China, one often imagines the state as an omnipotent power, invincible and all encompassing, exerting direct control over the lives of millions of religious practitioners in Chinese society. But in reality that control is mediated by a bureaucratic system for the management and study of religion that has been undergoing significant transition in recent years.
First, religious studies in China does not have independent academic departments but exists under the institutional umbrella of departments of philosophy; students need to be enrolled in a philosophy department in order to major in religion, and religious studies professors are generally hired through philosophy departments. As a result, religious studies as a field has little institutional or intellectual autonomy. Second, it is a discipline that allows for at least two distinct career paths: that of scholars who conduct research on religion and that of civil officials who do “religion work,” such as serving in central or local state administrations of religious affairs, or working in state agencies dealing with ethnic minority groups that have specific religious traditions, such as Uyghurs.
Everyone in China knows that official religious policy has only a nominal relationship to religious practice. The complaint comes from temple managers who are unable to register their temples, from Christian pastors tired of running their churches underground, and just as loudly from the atheist state itself and the Communist Party officials charged with enforcing the policy. Why does China continue to promote religious policies that do not fit reality and that satisfy no one?
In contrast to its religious policy, China has not been frozen at all in other policy realms. In the economy, for example, the past few decades have seen the rapid move from the agricultural responsibility system, a spurt in collective township and village enterprises followed by a general privatization, and the successful resolution of the government’s fiscal crisis in the 1990s. There are arguments about whether policy makers were leading or only following these developments, but either way they have shown a nimble ability to adapt—”to cross the river by feeling their way from stone to stone,” to borrow a phrase that Deng Xiaoping was fond of using. In the river of religion, however, they are still searching for the next stone.
The complex and ever-changing relationship between the Chinese state and the nation’s religions stretches back thousands of years. While the state never struggled with religious leaders for power, it governed an embedded religiosity in the population, one best described as diffused, non-exclusive, and pluralistic. As a companion to The Immanent Frame’s newly launched series of essays on the state of religion in China, this piece embarks on a brief historical survey, outlining the wide variety of beliefs and practices that religion in China encapsulates, and paying particular attention to the events and philosophies that have shaped the policies of the atheist People’s Republic of China.
Mark Fathi Massoud, Assistant Professor of Politics and Legal Studies at the University of California, Santa Cruz, examines the trials and tribulations of law in Sudan in his new book, Law’s Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan. In an interview with Jadaliyya, Massoud speaks about his motivation to uncover the essence of how law—and lawlessness—operate in the context of fragile states. Massoud also elaborates on his topic in a blog post at the Critical Investigations into Humanitarianism in Africa Blog.
Earlier this summer, The Immanent Frame published an off the cuff exchange about the State Department’s new initiative to engage religious communities in US diplomacy. Conversation and critiques are still going strong; Elizabeth Shakman Hurd, an original contributor to “Engaging religion at the Department of State,” has penned a commentary for Al Jazeera America in which she critiques US faith-based engagement abroad as a violation of the separation of church and state.